Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 110
Tuesday, June 19, 2007
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Baker, Banks, Biron, Bryden, Callbeck, Campbell, Carstairs, Cochrane, Comeau, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Baker, Banks, Biron, Bryden, Callbeck, Campbell, Carstairs, Cochrane, Comeau, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, *Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Annual Report of the Ethics Commissioner on Activities in Relation to Public Office Holders for the Fiscal Year Ending March 31, 2007.—Sessional Paper No. 1/39-930.
Presentation of Reports from Standing or Special Committees
The Honourable Senator St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, presented its ninth report (budget—study on drinking water in First Nations' communities).
(The report is printed as an appendix)
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Segal, 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.
With leave of the Senate,
The Honourable Senator Oliver tabled the following:
Memorandum, dated March 26, 2007, respecting Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure), from the Legislation Section of the Department of Justice Canada (English text).—Sessional Paper No. 1/39- 931S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Consideration of the Message from the House of Commons concerning Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Johnson:
That the Senate concur in the amendment made by the House of Commons to its amendments to Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act; and
That a Message be sent to the House of Commons to acquaint that House accordingly.
After debate,
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Nolin, seconded by the Honourable Senator Stratton, for the third reading of Bill C-18, An Act to amend certain Acts in relation to DNA identification.
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.
Orders No. 3 to 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Tkachuk, for the second reading of Bill C-47, An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator LeBreton, P.C., moved, seconded by the Honourable Senator Comeau, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
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 Oliver, for the second reading of Bill C-14, An Act to amend the Citizenship Act (adoption).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Orders No. 8 and 9 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Cochrane, seconded by the Honourable Senator Segal, for the second reading of Bill C-22, An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Trenholme Counsell, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 11 was called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Motions
Orders No. 2 and 3 were 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 Di Nino, for the adoption of the thirteenth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S- 4, An Act to amend the Constitution Act, 1867 (Senate tenure), with amendments, a recommendation and observations), presented in the Senate on June 12, 2007.
After debate,
The question being put on the motion, it was adopted, on division.
(Accordingly, pursuant to the recommendation contained in the report presented on June 12, 2007, and printed at page 1654 of the Journals of the Senate, Bill S-4, as amended, shall not be proceeded with at third reading until such time as the Supreme Court of Canada has ruled with respect to its constitutionality.)
Orders No. 2 to 4 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 7 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-208, An Act to require the Minister of the Environment to establish, in co- operation with the provinces, an agency with the power to identify and protect Canada's watersheds that will constitute sources of drinking water in the future.
After debate,
In amendment, the Honourable Senator Banks moved, seconded by the Honourable Senator Moore, that Bill S-208 be not now read the second time but that the subject-matter thereof be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources; and
That the Order to resume debate on the motion for the second reading of the bill remain on the Order Paper and Notice Paper.
After debate,
The question being put on the motion in amendment, it was adopted.
Orders No. 9 to 11 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the Honourable Senator Goldstein, seconded by the Honourable Senator Chaput, for the 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).
After debate,
The Honourable Senator Tkachuk, for the Honourable Senator Comeau, moved, seconded by the Honourable Senator Cochrane, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 13 were called and postponed until the next sitting.
Other
Orders No. 8, 6, 31, 32 (inquiries), 140 (motion), 21, 19, 3 (inquiries), 150, 179 and 178 (motions) were called and postponed until the next sitting.
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,
A point of order was raised respecting motions for the adoption of reports and motions requesting a government response.
After debate,
The Speaker pro tempore reserved her decision.
The Senate resumed 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.
The question being put on the motion, it was adopted.
Orders No. 27, 23, 9, 22, 33, 34, 12, 14 (inquiries), 166 (motion), 25 (inquiry), 167, 92 (motions), 28 and 26 (inquiries) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Keon called the attention of the Senate to the state of research 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 Di Nino 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 Di Nino, seconded by the Honourable Senator Oliver, that the motion in amendment be amended by replacing paragraph (g) with the following:
(g) in clause 10.1, on page 9, by replacing line 17 with the following:
"and Sustainable Development may prepare a''.
The subamendment was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Cochrane, Comeau, Di Nino, Gustafson, Johnson, Keon, LeBreton, Meighen, Nancy Ruth, Nolin, Oliver, Segal, St. Germain, Stratton, Tkachuk—17
NAYS
The Honourable Senators
Adams, Baker, Banks, Biron, Bryden, Carstairs, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fitzpatrick, Fox, Fraser, Goldstein, Harb, Hervieux-Payette, Hubley, Jaffer, Lavigne, Losier-Cool, Lovelace Nicholas, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Pépin, Peterson, Phalen, Poulin, Ringuette, Robichaud, Rompkey, Spivak, Stollery, Tardif, Trenholme Counsell, Watt, Zimmer—49
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on 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;
And on the motion in amendment of the Honourable Senator Tkachuk, seconded by the Honourable Senator Angus, that Bill C-288 be not now read a third time but that it be amended:
(a) in clause 3, on page 3, by replacing line 19 with the following:
"Canada makes all reasonable efforts to take effective and timely action to meet'';
(b) in clause 5,
(i) on page 4,
(A) by replacing line 2 with the following:
"to ensure that Canada makes all reasonable efforts to meet its obligations'',
(B) by replacing line 6 with the following:
"ance standards for vehicle emissions that meet or exceed international best practices for any prescribed class of motor vehicle for any year,'', and
(C) by adding after line 13 the following:
"(iii.2) the recognition of early action to reduce greenhouse gas emissions, and'',
(ii) on page 5,
(A) by replacing line 9 with the following:
"(a) within 10 days after the expiry of each'',
(B) by replacing line 23 with the following:
"first 15 days on which that House is sitting'', and
(C) by replacing lines 26 and 27 with the following:
"each House of Parliament is deemed to be referred to the standing committee of the Senate and the House of Commons that'';
(c) in clause 6, on page 6, by adding after line 29 the following:
"(3) For the purposes of this Act, the Governor-in-Council may make regulations restricting emissions by "large industrial emitters'', persons that the Governor-in-Council considers are particularly responsible for a large portion of Canada's greenhouse gas emissions, namely,
(a) persons that are part of the electricity generation sector, including persons that use fossil fuels to produce electricity;
(b) persons that are part of the upstream oil and gas sector, including persons that produce and transport fossil fuels but excluding petroleum refiners and distributors of natural gas to end users; and
(c) persons that are part of energy-intensive industries, including persons that use energy derived from fossil fuels, petroleum refiners and distributors of natural gas to end users.'';
(d) in clause 7,
(i) on page 6,
(A) by replacing line 32 with the following:
"that Canada makes all reasonable attempts to meet its obligations under'', and
(B) by replacing line 38 with the following:
"ensure that Canada makes all reasonable attempts to meet its obligations'', and
(ii) on page 7, by replacing line 4 with the following:
"(3) In ensuring that Canada makes all reasonable attempts to meet its'';
(e) in clause 9,
(i) on page 7, by replacing line 33 with the following:
"ensure that Canada makes all reasonable attempts to meet its obligations'', and
(ii) on page 8,
(A) by replacing line 3 with the following:
"Minister considers appropriate within 30 days'', and
(B) by replacing line 7 with the following:
"(1) or on any of the first fifteen days on which'';
(f) in clause 10,
(i) on page 8,
(A) by replacing line 9 with the following:
"10. (1) Within 180 days after the Minister'',
(B) by replacing line 11 with the following:
"tion 5(3), or within 90 days after the Minister'', and
(C) by replacing line 38 with the following:
"(a) within 15 days after receiving the'', and
(ii) on page 9,
(A) by replacing line 6 with the following:
"Houses on any of the first 15 days on'', and
(B) by replacing line 9 with the following
"(b) within 30 days after receiving the advice,'';
(g) in clause 10.1, on page 9,
(i) by replacing line 17 with the following:
"and Sustainable Development may prepare a'',
(ii) by replacing line 32 with the following:
"report to the Speakers of the Senate and the House of Commons'', and
(iii) by replacing lines 34 and 35 with the following:
"Speakers shall table the report in their respective Houses on any of the first 15 days on which that House''.
After debate,
In amendment, the Honourable Senator Segal moved, seconded by the Honourable Senator Gustafson, that the motion in amendment be amended by deleting amendment (g)(i) and relettering amendments (g)(ii) and (g)(iii) as amendments (g)(i) and (g)(ii).
The question was put on the subamendment.
Pursuant to rule 67(2), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.
INQUIRIES
The Senate resumed debate on the inquiry of the Honourable Senator Keon calling the attention of the Senate to the state of research in Canada.
After debate,
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Banks, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Banks, for the Honourable Senator Day, moved, seconded by the Honourable Senator Losier-Cool:
That, notwithstanding the Order of the Senate adopted on May 11, 2006, the date for the presentation of the final report by the Standing Senate Committee on National Security and Defence on the services and benefits provided to Canadian Forces, veterans of war and peacekeeping missions and members of their families in recognition of their services to Canada, be extended from June 30, 2007, to March 31, 2008.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Keon moved, seconded by the Honourable Senator Segal:
That, notwithstanding the Order of the Senate adopted on December 14, 2006, the date for the presentation of the final report by the Standing Committee on Rules, Procedure and the Rights of Parliament, authorized to examine and report upon the current provisions of the Constitution Act, 1867 that relate to the Senate, be extended from June 21, 2007, to June 24, 2008.
The question being put on the motion, it was adopted.
At 5:53 p.m., with leave of the Senate and pursuant to rule 13(1), the Speaker left the Chair to resume the same at 8 p.m.
The sitting resumed.
COMMITTEE OF THE WHOLE
At 8 p.m., pursuant to the order adopted on June 14, 2007, the Senate was adjourned during pleasure and put into a Committee of the Whole in order to receive Ms. Christiane Ouimet respecting her appointment as Public Sector Integrity Commissioner, the Honourable Senator Losier-Cool in the Chair.
—In the Committee—
The Honourable Senator Comeau moved, seconded by the Honourable Senator LeBreton, P.C.:
That Ms. Christiane Ouimet be escorted to a seat in the Senate Chamber.
The question being put on the motion, it was adopted.
Debate.
The Honourable Senator Comeau moved, seconded by the Honourable Senator LeBreton, P.C.:
That the Committee rise, and that the Chair report that they have concluded their deliberations.
The question being put on the motion, it was adopted.
The sitting of the Senate resumed.
The Chair of the Committee informed the Senate that the Committee has concluded its deliberations.
Ordered, That Order No. 2 under ORDERS OF THE DAY, OTHER BUSINESS, Motions, be again called.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin:
That in accordance with Section 39 of the Public Servants Disclosure Protection Act, Chapter 46 of the Statutes of Canada, 2005, the Senate approve the appointment of Christiane Ouimet as Public Sector Integrity Commissioner.
After debate,
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of Canada Mortgage and Housing Corporation 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- 929.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 9:38 p.m. the Senate was continued until 1:30 p.m. tomorrow.)