Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 106
Tuesday, June 12, 2007
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Biron, Bryden, Callbeck, Campbell, Carney, Carstairs, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Goldstein, Grafstein, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Peterson, Phalen, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, *Bacon, Biron, Bryden, Callbeck, Campbell, Carney, Carstairs, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Goldstein, Grafstein, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, *Pépin, Peterson, Phalen, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
The Senate observed a minute of silence in memory of trooper Darryl Caswell, whose tragic death occurred yesterday while serving his country in Afghanistan.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Certificate of Nomination of Christiane Ouimet, the nominee for the position of Public Sector Integrity Commissioner. —Sessional Paper No.1/39-913.
The Honourable the Speaker tabled the following:
The June 2007 Report of the Auditor General of Canada to the Minister of Canadian Heritage, entitled: Use of Public Funds by the Former Lieutenant-Governor of Québec, pursuant to the Order in Council No. 2007- 0445.—Sessional Paper No. 1/39-914.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kenny, Chair of the Standing Senate Committee on National Security and Defence, tabled its sixteenth report (interim) entitled: An Enduring Controversy: The Strategic Bombing Campaign Display in the Canadian War Museum. —Sessional Paper No. 1/39-915S.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Downe, 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 Oliver, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its thirteenth report (Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure), with amendments, a recommendation and observations).
(The report is printed as an appendix)
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, 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.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-60, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2008, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-40, An Act to amend the Excise Tax Act, the Excise Act, 2001 and the Air Travellers Security Charge Act and to make related amendments to other Acts.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Keon, that the bill be read the third time.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that the debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 to 5 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
Resuming debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Nolin, for the adoption 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;
And, on the motion in amendment of the Honourable Senator Nolin, 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 question being put on the motion in amendment, it was adopted.
The question then being put on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Nolin, for the adoption of the twelfth report, as amended, of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-31, with amendments), it was adopted.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Oliver, that the bill, as amended, 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.
Consideration of 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), presented in the Senate on June 6, 2007.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 3 to 6 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 9 were called and postponed until the next sitting.
Second reading of Bill S-225, An Act to amend the International Boundary Waters Treaty Act (bulk water removal).
The Honourable Senator Carney, P.C., moved, seconded by the Honourable Senator Murray, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills
Order No. 2 was called and postponed until the next sitting.
Third reading of Bill C-294, An Act to amend the Income Tax Act (sports and recreation programs).
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Mahovlich, that the bill be read the third time.
After debate,
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.
Second reading of Bill C-280, An Act to Amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171).
The Honourable Senator Goldstein moved, seconded by the Honourable Senator Chaput, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 5 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator St. Germain, P.C., seconded by the Honourable Senator Gustafson, for the adoption of the eighth report of the Standing Senate Committee on Aboriginal Peoples entitled: Safe Drinking Water for First Nations, tabled in the Senate on May 31, 2007.
After debate,
The question being put on the motion, it was adopted.
Orders No. 5 and 6 were called and postponed until the next sitting.
Resuming debate on the consideration of the fourth report (interim), as amended, of the Standing Senate Committee on National Security and Defence, entitled: Managing Turmoil, The Need to Upgrade Canadian Foreign Aid and Military Strength to Deal with Massive Change, tabled in the Senate on November 21, 2006.
After debate,
The Honourable Senator Moore moved, for the Honourable Senator Banks, seconded by the Honourable Senator Dallaire, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 8 to 14 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,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Hubley, that further 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 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;
And on the motion in amendment of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Corbin, that the motion be not now adopted but that it be amended immediately following the word "of'' in the first line by eliminating all the words in the rest of the motion and by replacing them with the following:
"Canada and in particular the Foreign Affairs Minister to have discussions with the Foreign Minister of the People's Republic of China regarding the Dalai Lama and the aspirations of the Tibetan people.''
After debate,
In amendment, the Honourable Senator Di Nino moved, seconded by the Honourable Senator Cowan, that the motion in amendment be amended immediately following the words "Canada and in particular the Foreign Affairs Minister to'' by eliminating all subsequent words and replacing them with the following:
"encourage 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.''.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that the debate on the subamendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 28 and 26 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Phalen:
That an humble Address be presented to Her Excellency the Governor General praying that she will fill the vacancies in the Senate by summons to fit and qualified persons.
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.
Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Stratton:
That, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Foreign Affairs being identified as the Minister responsible for responding to the twelfth report of the Standing Senate Committee on Human Rights, entitled: Canada and the United Nations Human Rights Council: At the Crossroads.
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Mahovlich, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the inquiry of the Honourable Senator Tardif calling the attention of the Senate to questions concerning post-secondary education in Canada.
Debate.
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 St. Germain, P.C., 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 St. Germain, P.C., seconded by the Honourable Senator Di Nino, that the motion in amendment be amended by deleting amendment (b)(i)(B) and relettering amendment (b)(i)(C) as amendment (b)(i)(B).
The subamendment was negatived on the following vote:
YEAS—POUR
The Honourable Senators—Les honorables sénateurs
Andreychuk, Carney, Comeau, Di Nino, Eyton, Gustafson, Johnson, Keon, LeBreton, Meighen, Nancy Ruth, Nolin, Oliver, Segal, St. Germain, Stratton, Tkachuk—17
NAYS—CONTRE
The Honourable Senators—Les honorables sénateurs
Adams, Atkins, Bryden, Callbeck, Campbell, Carstairs, Chaput, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Downe, Dyck, Eggleton, Fairbairn, Fitzpatrick, Fox, Fraser, Goldstein, Grafstein, Hays, Hervieux-Payette, Joyal, Lavigne, Losier-Cool, Mahovlich, Merchant, Mitchell, Moore, Munson, Murray, Peterson, Phalen, Ringuette, Robichaud, Rompkey, Smith, Tardif, Trenholme Counsell, Watt, Zimmer—43
ABSTENTIONS
The Honourable Senators—Les honorables sénateurs
Nil\Aucun
Ordered, That Order No. 8 (inquiry) and all remaining items on the Order Paper and Notice Paper be postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Department of Foreign Affairs and International Trade on Canada's state of trade for the year 2007.—Sessional Paper No. 1/39-897.
Report on the Employment Equity Act (Labour) for the year 2006, pursuant to the Act, S.C. 1995, c. 44, s. 20.—Sessional Paper No. 1/39-898.
Report of the Canada Foundation for Sustainable Development Technology (including supplements I and II required by the Funding Agreement of March 31, 2005), together with the Auditors' Report, for the year 2006, pursuant to the Canada Foundation for Sustainable Development Technology Act, S.C. 2001, c. 23, sbs. 30(3).—Sessional Paper No. 1/39-899.
Summaries of the Operating and Capital Budgets for 2007-2008 of the Canadian Museum of Nature, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/39-900.
Summaries of the Operating and Capital Budgets for 2007-2008 of the Canada Science and Technology Museum Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/ 39- 901.
Summaries of the Operating and Capital Budgets for 2007-2008 of the Canadian Museum of Civilization Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/ 39- 902.
Summaries of the Operating and Capital Budgets for 2007-2008 of the National Gallery of Canada and its affiliate, the Canadian Museum of Contemporary Photography, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/39- 903.
Reports of the Canadian Polar Commission for the fiscal year ended March 31, 2007, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 904.
Reports of the Northwest Territories Water Board for the fiscal year ended March 31, 2007, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 905.
Reports of the Mackenzie Valley Land and Water Board for the fiscal year ended March 31, 2007, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 906.
Report of Statistics Canada on corporations for the year 2005, pursuant to the Corporations Returns Act, S.C. 1998, c. 26, s. 68. —Sessional Paper No. 1/39-907.
Copy of the Rules amending the Bankruptcy and Insolvency General Rules (SOR/2007-61) made by Order in Council P.C. 2007-400 on March 22, 2007, pursuant to the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, sbs. 209(2).—Sessional Paper No. 1/39- 908.
Report on the administration of the Atlantic Fisheries Restructuring Act for the fiscal year ended March 31, 2007, pursuant to the Act, R.S.C. 1985, c. A-14, sbs. 8(1).—Sessional Paper No. 1/39- 909.
Reports of the Canadian International Trade Tribunal for the fiscal year ended March 31, 2007, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 910.
Reports of the Canada-Newfoundland and Labrador Offshore Petroleum Board for the fiscal year ended March 31, 2007, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/39- 911.
Reports of Farm Credit Canada for the fiscal year ended March 31, 2007, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/39- 912.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:36 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The names of the Honourable Senators Phalen, Harb and Lavigne substituted for those of the Honourable Senators Mercer, Peterson and Phalen (June 7).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Tkachuk substituted for that of the Honourable Senator Segal (June 7).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Jaffer, Joyal and Hays substituted for those of the Honourable Senators Rompkey, Robichaud and Moore (June 7).