Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 4
Tuesday, October 23, 2007
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Campbell, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Johnson, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Campbell, *Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Johnson, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, 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 Segal presented the following:
Tuesday, October 23, 2007
The Committee of Selection has the honour to present its
FIRST REPORT
Pursuant to Rules 85(1)(a) and 85(2) of the Rules of the Senate, your Committee wishes to inform the Senate that it nominates the Honourable Senator Losier-Cool as Speaker pro tempore.
Respectfully submitted,
HUGH SEGAL
Chair
With leave of the Senate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Segal presented the following:
Tuesday, October 23, 2007
The Committee of Selection has the honour to present its
SECOND REPORT
Pursuant to Rule 85(1)(b) of the Rules of the Senate, your Committee submits herewith the list of Senators nominated by it to serve on the following committees:
Standing Senate Committee on Aboriginal Peoples
The Honourable Senators Campbell, Carney, P.C., Dallaire, Dyck, Gill, Gustafson, Hubley, Lovelace Nicholas, Peterson, Segal, Sibbeston and St. Germain, P.C.
Standing Senate Committee on Agriculture and Forestry
The Honourable Senators Bacon, Baker, P.C., Callbeck, Carney, P.C., Cowan, Fairbairn, P.C., Gustafson, Mahovlich, Mercer, Peterson, Segal and St. Germain, P.C.
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senators Angus, Biron, Cowan, Eyton, Fitzpatrick, Goldstein, Grafstein, Harb, Massicotte, Meighen, Ringuette and Tkachuk
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senators Adams, Banks, Brown, Campbell, Cochrane, Kenny, Milne, Mitchell, Nolin, Sibbeston, Spivak and Trenholme Counsell
Standing Senate Committee on Fisheries and Oceans
The Honourable Senators Adams, Campbell, Cochrane, Comeau, Cowan, Gill, Hubley, Johnson, Meighen, Robichaud, P.C., Rompkey, P.C. and Watt
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senators Corbin, Dawson, De Bané, P.C., Di Nino, Downe, Jaffer, Johnson, Mahovlich, Nolin, Rivest, Smith, P.C. and Stollery
Standing Senate Committee on Human Rights
The Honourable Senators Andreychuk, Dallaire, Jaffer, Kinsella, Lovelace Nicholas, Munson, Oliver, Pépin and Poy
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senators Comeau, Cook, Cowan, Downe, Furey, Goldstein, Jaffer, Kinsella, Massicotte, Nancy Ruth, Phalen, Prud'homme, P.C., Robichaud, P.C., Stollery and Stratton
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senators Andreychuk, Baker, P.C., Bryden, Carstairs, P.C., Di Nino, Fraser, Furey, Joyal, P.C., Milne, Oliver, Stratton and Watt
Standing Joint Committee on the Library of Parliament
The Honourable Senators Lapointe, Murray, P.C., Oliver, Rompkey, P.C. and Trenholme Counsell
Standing Senate Committee on National Finance
The Honourable Senators Biron, Cowan, Day, De Bané, P.C., Di Nino, Eggleton, P.C., Mitchell, Moore, Murray, P.C., Nancy Ruth, Ringuette and Stratton
Standing Senate Committee on National Security and Defence
The Honourable Senators Atkins, Banks, Day, Kenny, Meighen, Moore, Nancy Ruth, Tkachuk and Zimmer
Standing Senate Committee on Official Languages
The Honourable Senators Champagne, P.C., Chaput, Comeau, De Bané, P.C., Goldstein, Harb, Losier-Cool, Murray, P.C. and Tardif
Standing Committee on Rules, Procedures and the
Rights of Parliament
The Honourable Senators Andreychuk, Angus, Brown, Champagne, P.C., Corbin, Cordy, Fraser, Furey, Grafstein, Joyal, P.C., Keon, Losier-Cool, McCoy, Robichaud, P.C. and Smith, P.C.
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senators Biron, Bryden, Cook, Eyton, Harb, Moore, Nolin and St. Germain, P.C.
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senators Brown, Callbeck, Champagne, P.C., Cochrane, Cook, Cordy, Eggleton, P.C., Fairbairn, P.C., Keon, Munson, Pépin and Trenholme Counsell
Standing Senate Committee on Transport and Communications
The Honourable Senators Adams, Bacon, Dawson, Eyton, Fox, P.C., Johnson, Mercer, Merchant, Oliver, Phalen, Tkachuk and Zimmer
Pursuant to Rule 87, the Honourable Senator LeBreton, P.C. (or Comeau) and the Honourable Senator Hervieux- Payette, P.C. (or Tardif) are members ex officio of each select committee.
Respectfully submitted,
HUGH SEGAL
Chair
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, 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
The Honourable Senator Comeau presented a Bill S-3, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions).
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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Lapointe presented a Bill S-213, An Act to amend the Criminal Code (lottery schemes).
The bill was read the first time.
The Honourable Senator Lapointe moved, seconded by the Honourable Senator Hubley 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
Order No. 1 was called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Brown:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Michaëlle Jean, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Milne, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Second reading of Bill S-203, An Act to amend the Criminal Code (cruelty to animals).
The Honourable Senator Bryden moved, seconded by the Honourable Senator Banks, that the bill be read the second time.
After debate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Johnson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill S-204, An Act respecting a National Philanthropy Day.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Dallaire, that the bill be read the second time.
After debate,
The Honourable Senator Champagne, P.C. moved, seconded by the Honourable Senator Segal, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill S-205, An Act to amend the Bankruptcy and Insolvency Act (student loans).
The Honourable Senator Goldstein moved, seconded by the Honourable Senator Chaput, that the bill be read the second time.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Angus, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill S-206, An Act to amend the Food and Drugs Act (clean drinking water).
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Day, that the bill be read the second time.
After debate,
The Honourable Senator Cochrane moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill S-207, An Act to repeal legislation that has not come into force within ten years of receiving royal assent.
The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, 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.
Orders No. 8 to 12 were called and postponed until the next sitting.
Commons Public Bills
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 Campbell, that the bill be read the second time.
After debate,
The Honourable Senator Di Nino 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.
Orders No. 2 to 4 were called and postponed until the next sitting.
Reports of Committees
Consideration of the first report of the Committee of Selection (Speaker pro tempore), presented in the Senate earlier today.
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, that the report be adopted.
The question being put on the motion, it was adopted.
Other
Order No. 2 (motion) was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Losier-Cool:
That the following Resolution on Combating Anti-Semitism and Other Forms of Intolerance, which was adopted at the 16th Annual Session of the OSCE Parliamentary Assembly, in which Canada participated in Kyiv, Ukraine on July 9, 2007, be referred to the Standing Senate Committee on Human Rights for consideration and that the Committee table its final report no later than March 31, 2008:
RESOLUTION ON COMBATING ANTI-SEMITISM, RACISM, XENOPHOBIA AND
OTHER FORMS
OF INTOLERANCE, INCLUDING AGAINST MUSLIMS AND ROMA
1. Recalling the Parliamentary Assembly's leadership in raising the focus and attention of the participating States since the 2002 Annual Session in Berlin on issues related to intolerance, discrimination, and hate crimes, including particular concern over manifestations of anti-Semitism, racism, xenophobia and other forms of intolerance,
2. Celebrating the richness of ethnic, cultural, racial, and religious diversity within the 56 OSCE participating States,
3. Emphasizing the need to ensure implementation of existing OSCE commitments on combating anti-Semitism, racism, xenophobia, and other forms of intolerance and discrimination, including against Christians, Muslims, and members of other religions, as well as against Roma,
4. Recalling other international commitments of the OSCE participating States, and urging immediate ratification and full implementation of the Convention on Prevention and Punishment of the Crime of Genocide, the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and the Rome Statute,
5. Reminding participating States that hate crimes and discrimination are motivated not only by race, ethnicity, sex, and religion or belief, but also by political opinion, national or social origin, language, birth or other status,
The OSCE Parliamentary Assembly:
6. Welcomes the convening of the June 2007 OSCE High Level Conference on Combating Discrimination and Promoting Mutual Respect and Understanding, in Bucharest, Romania as a follow-up to the 2005 Cordoba Conference on Anti-Semitism and Other Forms of Intolerance;
7. Appreciates the ongoing work undertaken by the OSCE and the Office for Democratic Institutions and Human Rights (the OSCE/ODIHR) through its Programme on Tolerance and Non-discrimination, as well as its efforts to improve the situation of Roma and Sinti through its Contact Point for Roma and Sinti Issues, and supports the continued organization of expert meetings on anti-Semitism and other forms of intolerance aimed at enhancing the implementation of relevant OSCE commitments;
8. Recognizes the importance of the OSCE/ODIHR Law Enforcement Officers Programme (LEOP) in helping police forces within the participating States better to identify and combat hate crimes, and recommends that other participating States make use of it; 36
9. Reiterates its full support for the political-level work undertaken by the three Personal Representatives of the Chair-in-Office and endorses the continuance of their efforts under their existing and distinct mandates;
10. Reminds participating States of the Holocaust, its impact, and the continued acts of anti-Semitism occurring throughout the 56-nation OSCE region that are not unique to any one country and necessitate unwavering steadfastness by all participating States to erase the black mark on human history;
11. Calls upon participating States to recall that atrocities within the OSCE region motivated by race, national origin, sex, religion or belief, disability or sexual orientation have contributed to the negative perceptions and treatment of persons in the region;
12. Further recalls the resolutions on anti-Semitism adopted unanimously by the OSCE Parliamentary Assembly at its Annual Sessions in Berlin in 2002, Rotterdam in 2003, Edinburgh in 2004, Washington in 2005 and Brussels in 2006;
13. Reaffirms especially the 2002 Porto Ministerial Decision condemning "anti-Semitic incidents in the OSCE area, recognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom'';
14. Recalls the agreement of the participating States, adopted in Cracow in 1991, to preserve and protect those monuments and sites of remembrance, including most notably extermination camps, and the related archives, which are themselves testimonials to tragic experiences in their common past;
15. Commends the 11 member states of the International Tracing Service for approving the immediate transfer of scanned Holocaust archives to receiving institutions and encourages all participating States to cooperate in opening, copying, and disseminating archival material from the Holocaust;
16. Commemorates the bicentennial of the 1807 Abolition of the Slave Trade Act which banned the slave trade in the British Empire, allowed for the search and seizure of ships suspected of transporting enslaved people, and provided compensation for the freedom of slaves;
17. Agrees that the transatlantic slave trade was a crime against humanity and urges participating states to develop educational tools, programmes, and activities to teach current and future generations about its significance
18. Acknowledges the horrible legacy that centuries of racism, slavery, colonialism discrimination, exploitation, violence, and extreme oppression have continued to have on the promulgation of stereotypes, prejudice, and hatred directed towards persons of African descent;
19. Reminds parliamentarians and participating States that Roma constitute the largest ethnic minority in the European Union and have suffered from slavery, genocide, mass expulsions and imprisonment, forced assimilations, and numerous other discriminatory practices in the OSCE region;
20. Reminds participating States of the role these histories and other events have played in the institutionalization of practices that limit members of minority groups from having equal access to and participation in state-sponsored institutions, resulting in gross disparities in health, wealth, education, housing, political participation, and access to legal redress through the courts:
21. Underscores the sentiments of earlier resolutions regarding the continuing threat that anti- Semitism and other forms of intolerance pose to the underlying fundamental human rights and democratic values that serve as the underpinnings for security in the OSCE region;
22. Therefore urges participating States to increase efforts to work with their diverse communities to develop and implement practices to provide members of minority groups with equal access to and opportunities within social, political, legal, and economic spheres;
23. Notes the growing prevalence of anti-Semitism, racism, xenophobia, and other forms of intolerance being displayed within popular culture, including the Internet, computer games, and sports;
24. Deplores the growing prevalence of anti-Semitic materials and symbols of racist, xenophobic and anti-Semitic organizations in some OSCE participating States;
25. Reminds participating States of the 2004 OSCE meeting on the Relationship between Racist, Xenophobic and Anti-Semitic Propaganda on the Internet and Hate Crimes and suggested measures to combat the dissemination of racist and anti-Semitic material via the Internet as well as in printed or otherwise mediatized form that could be utilized throughout the OSCE region;
26. Deplores the continuing intellectualization of anti-Semitism, racism and other forms of intolerance in academic spheres, particularly through publications and public events at universities;
27. Condemns the association of politicians and political parties with discriminatory platforms, and reaffirms that such actions violate human rights standards;
28. Notes the legislative efforts, public awareness campaigns, and other initiatives of some participating States to recognize the historical injustices of the transatlantic slave trade, study the enslavement of Roma, and commemorate the Holocaust;
29. Urges other states to take similar steps in recognizing the impact of past injustices on current day practices and beliefs as a means of providing a platform to address anti-Semitism and other forms of intolerance;
30. Suggests guidelines on academic responsibility to ensure the protection of Jewish and other minority students from harassment, discrimination, and abuse in the academic environment;
31. Urges participating States to implement the commitments following the original 2003 Vienna Conferences on Anti-Semitism and on Racism, Xenophobia and Discrimination and subsequent conferences that include calls to:
a. provide the proper legal framework and authority to combat anti-Semitism and other forms of intolerance;
b. collect, analyse, publish, and promote hate crimes data;
c. protect religious facilities and communitarian institutions, including Jewish sites of worship;
d. promote national guidelines on educational work to promote tolerance and combat anti-Semitism, including Holocaust education;
e. train law enforcement officers and military personnel to interact with diverse communities and address hate crimes, including community policing efforts;
f. appoint ombudspersons or special commissioners with the necessary resources to adequately monitor and address anti-Semitism and other forms of intolerance;
g. work with civil society to develop and implement tolerance initiatives;
32. Urges parliamentarians and the participating States to report their initiatives to combat anti-Semitism and other forms of intolerance and publicly recognize the benefits of diversity at the 2008 Annual Session;
33. Commends all parliamentary efforts on combating all forms of intolerance, especially the British All-Party Parliamentary Inquiry into Anti-Semitism and its final report;
34. Emphasizes the key role of politicians and political parties in combating intolerance by raising awareness of the value of diversity as a source of mutual enrichment of societies, and calls attention to the importance of integration with respect for diversity as a key element in promoting mutual respect and understanding;
35. Calls upon OSCE PA delegates to encourage regular debates on the subjects of anti-Semitism and other forms of intolerance in their national parliaments, following the example of the All-Party Parliamentary Inquiry into Anti- Semitism;
36. Calls upon journalists to develop a self-regulated code of ethics for addressing anti-Semitism, racism, discrimination against Muslims, and other forms of intolerance within the media;
37. Expresses its concern at all attempts to target Israeli institutions and individuals for boycotts, divestments and sanctions;
38. Urges implementation of the Resolution on Roma Education unanimously adopted at the OSCE PA 2002 Berlin Annual Session to "eradicate practices that segregate Roma in schooling'' and provide equal access to education that includes intercultural education;
39. Calls upon parliamentarians and other elected officials to publicly speak out against discrimination, violence and other manifestations of intolerance against Roma, Sinti, Jews, and other ethnic or religious groups;
40. Urges the participating States to ensure the timely provision of resources and technical support and the establishment of an administrative support structure to assist the three Personal Representatives of the Chair-in- Office in their work to promote greater tolerance and combat racism, xenophobia and discrimination;
41. Encourages the three Personal Representatives of the Chair-in-Office to address the Assembly's Winter Meetings and Annual Sessions on their work to promote greater tolerance and combat racism, xenophobia, and discrimination throughout the OSCE region;
42. Recognizes the unique contribution that the Mediterranean Partners for Co-operation could make to OSCE efforts to promote greater tolerance and combat anti-Semitism, racism, xenophobia and discrimination, including by supporting the ongoing work of the three Personal Representatives of the Chair-in-Office;
43. Reminds participating States that respect for freedom of thought, conscience, religion or belief should assist in combating all forms of intolerance with the ultimate goal of building positive relationships among all people, furthering social justice, and attaining world peace;
44. Reminds participating States that, historically, violations of freedom of thought, conscience, religion or belief have, through direct or indirect means, led to war, human suffering, and divisions between and among nations and peoples;
45. Condemns the rising violence in the OSCE region against persons believed to be Muslim and welcomes the conference to be held in Cordoba in October 2007 on combating discrimination against Muslims;
46. Calls upon parliamentarians and the participating States to ensure and facilitate the freedom of the individual to profess and practice any religion or belief, alone or in community with others, through transparent and non- discriminatory laws, regulations, practices and policies, and to remove any registration or recognition policies that discriminate against any religious community and hinder its ability to operate freely and equally with other faiths;
47. Encourages an increased focus by participating States on the greater role teenagers and young adults can play in combating anti-Semitism and other forms of intolerance and urges participating States to collect data and report on hate crimes committed by persons under the age of 24 and to promote tolerance initiatives through education, workforce training, youth organizations, sports clubs, and other organized activities;
48. Reminds participating States that this year marks the 59th Anniversary of the United Nations Human Rights Commission's adoption of the Universal Declaration on Human Rights, which has served as the inspiration for numerous international treaties and declarations on tolerance issues;
49. Calls upon participating States to reaffirm and implement the sentiments expressed in the 2000 Bucharest Declaration and in this resolution as a testament to their commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion'', as enshrined in the Helsinki Final Act;
50. Expresses deep concern at the glorification of the Nazi movement, including the erection of monuments and memorials and the holding of public demonstrations glorifying the Nazi past, the Nazi movement and neo- Nazism;
51. Also stresses that such practices fuel contemporary forms of racism, racial discrimination, xenophobia and related intolerance and contribute to the spread and multiplication of various extremist political parties, movements and groups, including neo-Nazis and skinhead groups;
52. Emphasizes the need to take the necessary measures to put an end to the practices described above, and calls upon participating States to take more effective measures to combat these phenomena and the extremist movements, which pose a real threat to democratic values.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Moore moved, seconded by the Honourable Senator Cowan:
That the following humble Address be presented to Her Excellency, The Right Honourable Michaëlle Jean, Governor General of Canada:
MAY IT PLEASE YOUR EXCELLENCY:
WHEREAS full representation in the Senate of Canada is a constitutional guarantee to every province as part of the compromise that made Confederation possible;
AND WHEREAS the stated position of the Prime Minister that he "does not intend to appoint senators, unless necessary'' represents a unilateral denial of the rights of the provinces;
AND WHEREAS the Prime Minister's disregard of the Constitution of Canada places the Governor General in the intolerable situation of not being able to carry out her sworn duties under section s. 32 of the Constitution Act, 1867, which states, "When a Vacancy happens in the Senate by Resignation, Death, or otherwise, the Governor General shall by Summons to a fit and qualified Person fill the Vacancy.'';
AND WHEREAS upon the failure of the Prime Minister to tender advice it is the duty of the Governor General to uphold the Constitution of Canada and its laws and not be constrained by the willful omission of the Prime Minister;
Therefore, we humbly pray that Your Excellency will exercise Her lawful and constitutional duties and will summon qualified persons to the Senate of Canada, thereby assuring that the people and regions of our country have their full representation in a properly functioning Parliament, as that is their undeniable right guaranteed in the Constitution of Canada.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.
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 the Department of Western Economic Diversification 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. 2/39-61.
Report of the Canadian Commercial Corporation, together with the Auditor General's Report, for the fiscal year ended March 31, 2007, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/39-62.
Report of Export Development Canada for the fiscal year ended March 31, 2007, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/39-63.
Report of the Canadian Commercial Corporation for the fiscal year ended March 31, 2007, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/39-64.
Report of the Freshwater Fish Marketing Corporation for the year ended April 30, 2007, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/39-65.
Summaries of the Corporate Plan for the period 2007-2008 to 2011-2012 and of the Operating and Capital Budgets for 2007-2008 of the Freshwater Fish Marketing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-66.
Management Plan for Fort Battleford National Historic Site of Canada, including Frenchman Butte and Frog Lake, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1). —Sessional Paper No. 2/39-67.
Management Plan for The Fur Trade at Lachine National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-68.
Management Plan for the Battle of Tourond's Coulee/Fish Creek National Historic Site of Canada, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 11(2).—Sessional Paper No. 2/39-69.
Management Plan for the Cartier-Brébeuf National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-70.
Management Plan of the Sir Wilfrid Laurier National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-71.
Management Plan of the Sir George-Étienne Cartier National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-72.
Management Plan of Fort Espérance, Fort Pelly and Fort Livingstone Historic Sites of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1). —Sessional Paper No. 2/39-73.
Management Plan of the Merrickville Blockhouse Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-74.
Management Plan of the Fort Chambly Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-75.
Management Plan of the Battle of the Restigouche Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-76.
Management Plan of the Laurier House Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-77.
Management Plan of the Prince Edward Island National Park, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs.11(1) and to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-78.
Management Plan of the Coteau-du-Lac National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-79.
Management Plan of the Carillon Barracks National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-80.
Management Plan of the Forges du Saint-Maurice National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-81.
Management Plan for York Factory National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-82.
Management Plan for Hawthorne Cottage National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-83.
Management Plan for The Forks National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S. C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-84.
Management Plan for Fortifications of Québec National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-85.
Management Plan of the Rocky Mountain House National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-86.
Management Plan of the Castle Hill National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-87.
Management Plan of the Southwold Earthworks National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-88.
Management Plan for Linear Mounds National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-89.
Management Plan of the Hopedale Mission National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-90.
Management Plan of Fort George, Butler's Barracks, Fort Mississauga, Navy Island, Queenston Heights, Mississauga Point Lighthouse and Battlefield of Fort George National Historic Sites of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-91.
Management Plan of the Fort Témiscamingue National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-92.
Management Plan for Lower Fort Garry National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-93.
Management Plan for Wapusk National Park of Canada, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs.11(1) and to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-94.
Management Plan for Point Clark Lighthouse National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-95.
Management Plan for Kingston Fortifications National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-96.
Management Plans for Mountain Parks National Historic Sites of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-97.
Management Plan for Saint-Louis Forts and Châteaux National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1). —Sessional Paper No. 2/39-98.
Management Plan for the Battle of the Châteauguay National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-99.
Management Plan for Fort Henry National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-100.
Management Plan for Inverarden House National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-101.
Management Plan of Fort Lennox National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-102.
Management Plan of the Ivvavik National Park of Canada, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs.11(1).—Sessional Paper No. 2/39-103.
Management Plan of Louis S. St. Laurent National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-104.
Management Plan of the Marconi National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-105.
Management Plan for Ryan Premises National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-106.
Management Plan for Saint-Louis Mission National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-107.
Management Plan for Louis-Joseph Papineau National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-108.
Management Plan for Port au Choix National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-109.
Management Plan of the Signal Hill National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-110.
Management Plan of the Riding Mountain National Park of Canada and Riding Mountain Park East Gate Registration Complex National Historic Site of Canada, pursuant to the National Parks of Canada Act, S.C. 2000, c. 32, sbs. 11(1) and the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-111.
Management Plan of Sir John Johnson House National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-112.
Management Plan of the Montmorency Park National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-113.
Management Plan of Pointe-au-Père Lighthouse National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-114.
Management Plan for Sault Ste. Marie Canal National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-115.
Management Plan for Québec Garrison Club National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-116.
Management Plan for Chambly Canal National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-117.
Management Plan for Lévis Forts National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-118.
Management Plan for Maillou House National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-119.
Management Plan for Tuktut Nogait National Park of Canada, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs.11(1) and to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/39-120.
Reports of the Historic Sites and Monuments Board of 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. 2/39-121.
Reports of Parks Canada Agency 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. 2/39-122.
Reports of the Canadian Environmental Assessment Agency 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. 2/ 39-123.
Reports of the Department of Environment 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. 2/39- 124.
Reports of the National Round Table on the Environment and the Economy 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. 2/39-125.
Reports of the Canada Emission Reduction Incentives Agency 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. 2/ 39-126.
Reports of the Jacques Cartier and Champlain Bridges Incorporated 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. 2/39-127.
Report of the Financial Consumer Agency of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2007, pursuant to the Financial Consumer Agency of Canada Act, S.C. 2001, c. 9, s. 34.—Sessional Paper No. 2/39-128.
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 4:38 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Committee of Selection
The name of the Honourable Senator Robichaud substituted for that of the Honourable Senator Carstairs (October 22).