Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 104
Wednesday, June 6, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Bacon, Baker, Banks, Bryden, Callbeck, Campbell, Carney, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, De Bané, Di Nino, Downe, Dyck, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Johnson, Joyal, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Prud'homme, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, *Atkins, Bacon, Baker, Banks, Bryden, Callbeck, Campbell, Carney, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, *Day, De Bané, Di Nino, Downe, Dyck, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Johnson, Joyal, *Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Prud'homme, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, *Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Keon, Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its sixth report (amendments to the Rules of the Senate—reinstatement of bills from the previous session of the same Parliament).
(The report is printed as appendix "A'')
The Honourable Senator Keon moved, seconded by the Honourable Senator Meighen, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Di Nino presented the following:
Wednesday, June 6, 2007
The Standing Senate Committee on Foreign Affairs and International Trade has the honour to present its
THIRTEENTH REPORT
Your Committee, to which was referred the document Department of Foreign Affairs User Fee Proposal relating to the International Youth Program has, in obedience to the Order of Reference of Tuesday, May 15, 2007, examined the proposed changes to user fees and, in accordance with section 5 of the User Fees Act, recommends that they be approved. Your Committee appends to this report certain observations relating to the proposal.
Respectfully submitted,
CONSIGLIO DI NINO
Chair
Observations to the Thirteenth Report of the Standing Senate Committee on Foreign Affairs and International Trade
(Department of Foreign Affairs User Fee Proposal relating to the International Youth Program)
Strengthening the International Youth Program
The Department of Foreign Affairs and International Trade has tabled a proposal under the User Fees Act to expand fees charged to foreign participants in the International Youth Program. Having discussed the proposal with officials, your Committee supports the general principle of increasing cost recovery in this important program.
Your Committee notes that one reason for expanding fees beyond those already charged to youth from Australia and New Zealand to youth from over 50 other countries relates to increasing administrative costs as the program has grown significantly over the past decade. A more important reason, however, is that this action will allow the government to fund a proposed expansion of the program, with the goals of both almost doubling participation by 2010, and of increasing support given to both Canadian and foreign youth participants. Your Committee finds these to be laudable goals.
Your Committee notes that in 1986, the Neilson Task Force on program review found that the International Youth Program — whose roots stretch back to the 1950s — was relevant to Canada's foreign policy interests, and responsibility for its general management was transferred to the Department of External (later Foreign) Affairs.
During its consultations with stakeholders involved with the International Youth Program, the government heard a number of suggestions for improving it, including creating more awareness of the program among Canadian and foreign youth, and increasing support for participants.
In addition to these useful suggestions, your Committee believes that the government should recognize and take action based on the fact that the global experience gained by Canadian youth participants makes them ideal candidates for recruitment by the Public Service of Canada, which will be undertaking significant recruitment exercises in the coming years. At the same time, the government must also make even greater efforts to convince foreign youth participants of the benefits of immigrating to Canada upon completion of the International Youth Program, and contributing to the country in a variety of ways.
In light of the numerous benefits the International Youth Program provides to both Canadian and foreign youth, your Committee also believes additional efforts must be taken to keep the program — which currently is dominated by youth from such Organization for Economic Cooperation and Development (OECD) countries as Australia, France, the United Kingdom, Japan, New Zealand, Ireland and others — accessible not only to youth from OECD countries, but also to those from other countries, particularly developing ones. While your Committee understands that the Government of Canada has Commonwealth scholarships and other programs that assist such youth, it believes that these individuals must also be encouraged to participate in the International Youth Program.
Recognizing that such a measure may lead to concerns regarding unequal treatment, your Committee is of the view that the Government of Canada should either waive the new fees for youth from developing countries, or take other measures to ensure that the strengthened International Youth Program remains accessible to them.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Nancy Ruth, Deputy Chair of the Standing Senate Committee on National Finance, presented its fifteenth report (Bill C-294, An Act to amend the Income Tax Act (sports and recreation programs), without amendment).
The Honourable Senator Nancy Ruth moved, seconded by the Honourable Senator Johnson, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Nancy Ruth, Deputy Chair of the Standing Senate Committee on National Finance, presented its sixteenth report (interim) (Main Estimates 2007-2008).
(The report is printed as appendix "B'')
The Honourable Senator Nancy Ruth moved, seconded by the Honourable Senator Stratton, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
Ordered, That the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Johnson, for the adoption of the tenth report of the Standing Senate Committee on Human Rights, entitled: Children: The Silenced Citizens, tabled in the Senate on April 25, 2007, be reinstated on the Order Paper.
The question being put on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Johnson, for the adoption of the tenth report of the Standing Senate Committee on Human Rights, it was adopted.
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-12, An Act to provide for emergency management and to amend and repeal certain Acts.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Segal, that the bill be read the third time.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Orders No. 2 and 3 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Consideration of the twelfth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C- 31, An Act to amend the Canada Elections Act and the Public Service Employment Act, with amendments), presented in the Senate on June 5, 2007.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Nolin, that the report be adopted.
After debate,
In amendment, the Honourable Senator Nolin moved, seconded by the Honourable Senator Johnson, that the twelfth report of the Standing Senate Committee on Legal and Constitutional Affairs be not now adopted but that it be amended:
(a) by deleting amendment No. 1;
(b) at amendment No 7, by replacing the text after "Page 16, clause 40:'' with the following:
"Replace lines 30 to 39 with the following:
"40. The Public Service Employment Act is amended by adding the following after section 50:
50.1 Despite subsection 50(2), the maximum period of employment of casual workers appointed in the Office of the Chief Electoral Officer for the purposes of an election under the Canada Elections Act or a referendum held under the Referendum Act is 165 working days in one calendar year.''''; and
(c) by renumbering amendments 2 to 11 as amendments 1 to 10.
After debate,
The Honourable Senator Milne moved, seconded by the Honourable Senator Cowan, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 to 4 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 10 were called and postponed until the next sitting.
Commons Public Bills
Third reading of Bill C-277, An Act to amend the Criminal Code (luring a child).
The Honourable Senator Oliver moved, seconded by the Honourable Senator Johnson, that the bill be read the third time.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that the debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Campbell, seconded by the Honourable Senator Hubley, for the second reading of Bill C-292, An Act to implement the Kelowna Accord.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
The Honourable Senator Campbell moved, seconded by the Honourable Senator Mitchell, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted, on division.
With leave of the Senate,
The Honourable Senator Stratton tabled the following:
Document entitled: Indian and Northern Affairs Canada Progress Chart 2006-2007.—Sessional Paper No. 1/39-891S.
Orders No. 4 and 5 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 12 were called and postponed until the next sitting.
Other
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Angus:
That all matters relating to this question of privilege, including the issues raised by the timing and process of the May 15, 2007, meeting of the Standing Senate Committee on Energy, the Environment and Natural Resources and their effect on the rights and privileges of Senators, be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for investigation and report; and
That the Committee consider both the written and oral record of the proceedings.
After debate,
A point of order was raised with respect to certain matters raised during debate.
After debate,
The Speaker reserved his decision.
The Senate resumed debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Angus:
That all matters relating to this question of privilege, including the issues raised by the timing and process of the May 15, 2007, meeting of the Standing Senate Committee on Energy, the Environment and Natural Resources and their effect on the rights and privileges of Senators, be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for investigation and report; and
That the Committee consider both the written and oral record of the proceedings.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
Orders No. 3, 27, 23, 9, 26, 22, 33, 34, 12, 14 (inquiries), 150 (motion), 31 (inquiry), 166 (motion), 25 (inquiry), 167 (motion), 20 (inquiry) and 92 (motion) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Andreychuk:
That the Senate urge the Government of the People's Republic of China and the Dalai Lama, notwithstanding their differences on Tibet's historical relationship with China, to continue their dialogue in a forward-looking manner that will lead to pragmatic solutions that respect the Chinese constitutional framework, the territorial integrity of China and fulfill the aspirations of the Tibetan people for a unified and genuinely autonomous Tibet.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Carstairs, P.C.
At 4 p.m., pursuant to the Order adopted by the Senate on April 6, 2006, the Senate was suspended until 5:30 p.m.
DEFERRED VOTE
At 5:30 p.m., pursuant to rule 67, the Senate proceeded to the taking of the deferred standing vote on the subamendment of the Honourable Senator Cochrane to the motion in amendment of the Honourable Senator Tkachuk, to the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Trenholme Counsell, for the third reading of Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol.
The question was put on the subamendment of the Honourable Senator Cochrane, seconded by the Honourable Senator Angus, that the motion in amendment be amended by deleting paragraph (c) and relettering paragraphs (d) to (g) as paragraphs (c) to (f).
The subamendment was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Cochrane, Comeau, Di Nino, Eyton, Fortier, Gustafson, Johnson, LeBreton, Meighen, Nolin, Oliver, Prud'homme, Segal, St. Germain, Stratton, Tkachuk—18
NAYS
The Honourable Senators
Bacon, Banks, Bryden, Callbeck, Campbell, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, De Bané, Downe, Dyck, Furey, Gill, Goldstein, Grafstein, Harb, Hervieux-Payette, Lovelace Nicholas, Mahovlich, Merchant, Mitchell, Moore, Munson, Murray, Pépin, Peterson, Phalen, Robichaud, Smith, Stollery, Tardif, Trenholme Counsell, Watt—36
ABSTENTIONS
The Honourable Senators
Nil
At 5:36 p.m., pursuant to the Order adopted by the Senate on April 6, 2006, the Senate adjourned until 1:30 p.m. tomorrow.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Copies of the Federal-Provincial Implementation Amending Agreements with the provinces of Saskatchewan, Nova Scotia, Newfoundland and Labrador, New Brunswick, Manitoba, Prince Edward Island, British Columbia, Alberta and the Nunavut Territory, pursuant to the Farm Income Protection Act, S.C. 1991, c. 22, sbs. 6(1).—Sessional Paper No. 1/39-890.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Rompkey and Robichaud substituted for those of the Honourable Senators Jaffer and Joyal (June 5).
The name of the Honourable Senator Tkachuk substituted for that of the Honourable Senator Nolin (June 6).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Zimmer substituted for that of the Honourable Senator Fairbairn (June 5).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Cordy substituted for that of the Honourable Senator Adams (June 5).
The name of the Honourable Senator Mitchell substituted for that of the Honourable Senator Peterson (June 6).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Chaput (June 6).