Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 10
Tuesday, November 13, 2007
2:00 p.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Angus, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Eggleton, Eyton, Fairbairn, Fox, Fraser, Furey, Goldstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Lapointe, LeBreton, Losier-Cool, Mahovlich, Massicotte, Meighen, Milne, Mitchell, Moore, Munson, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Angus, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Eggleton, Eyton, Fairbairn, *Fortier, Fox, Fraser, Furey, Goldstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Lapointe, LeBreton, Losier-Cool, Mahovlich, Massicotte, Meighen, Milne, Mitchell, Moore, Munson, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Annual Report of the Canadian Forces Provost Marshal for the fiscal year ending March 31, 2007.—Sessional Paper No. 2/39-189.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon tabled the following (Sessional Paper No. 2/39-190S):
Tuesday, November 13, 2007
The Standing Senate Committee on Transport and Communications has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104, that the expenses incurred by the Committee during the First Session of the Thirty-ninth Parliament are as follows:
1. With respect to its examination of legislation:
Professional and Other Services $ 5,943 Transport and Communications — Other Expenditures — Witness Expenses 755 Total $ 6,698
2. With respect to its study of the current state of Canadian media industries:
Professional and Other Services $ 1,179 Transport and Communications — Other Expenditures 1,344 Witness Expenses — Total $ 2,523
3. With respect to its study of the containerized freight traffic handled by Canada's ports:
Professional and Other Services $ 22,091 Transport and Communications 75,830 Other Expenditures 2,680 Witness Expenses 4,790 Total $ 105,391
4. With respect to its study of the Canadian Television Fund:
Professional and Other Services $ 1,297 Transport and Communications — Other Expenditures — Witness Expenses — Total $ 1,297
During the session the Committee held 52 meetings, during which it received evidence from 141 witnesses. A total of more than 77 hours was spent in meetings.
The Committee completed its wide-ranging examination of the Canadian news media in June 2006. The Final Report, issued in two volumes, included 40 recommendations, and also 10 suggestions in areas generally outside federal jurisdiction. The recommendations cover a wide array of concerns expressed by witnesses: media concentration; the inadequate funding and unclear role and mandate of the national public broadcaster; the legal and professional environment, as well as training for journalists; and federal support programs. As emphasized throughout the study, the Committee's work and recommendations dealt exclusively with the architecture of the news media system in Canada and not the content of the news.
Upon completion of the media study, the Committee began a special study examining containerized freight traffic handled at Canada's major container ports. As part of this study, the Committee traveled to Vancouver and Montreal to hold public hearings and conduct fact-finding. The Committee also conducted a study on the objectives, operation and governance of the Canadian Television Fund, tabling its final report on May 10, 2007.
In addition to these special studies, the Committee also dealt with three bills during this session: Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act (reported with amendments and observations on December 12, 2006); Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts (reported with amendments and observations on May 17, 2007); and Bill C-59, An Act to amend the Criminal Code (unauthorized recording of a movie) (reported without amendment on June 21, 2007).
Finally, the committee considered two user fee proposals from Industry Canada: one concerning new fees for services provided by the department relating to telecommunications and radio apparatus; and a second for a spectrum licence fee for broadband public safety communications in bands 4940-4990 MHz. The Committee tabled its reports on user fees on October 26, 2006 and June 13, 2007.
Respectfully submitted,
LISE BACON
Chair
The Honourable Senator Kenny tabled the following (Sessional Paper No. 2/39-191S):
Tuesday, November 13, 2007
The Standing Senate Committee on National Security and Defence has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104, that the expenses incurred by the Committee during the First Session of the Thirty-ninth Parliament (April 3, 2006 to September 14, 2007) are as follows:
1. With respect to its special study on the national security policy of Canada (authorized by the Senate on Thursday, April 27, 2006):
(a) During this study, your Committee spent 415.5 hours meeting 902 persons in hearings and fact-finding visits. In addition to hearings in Ottawa, your Committee conducted fact-finding visits, some combined with public hearings, in Vancouver, Calgary, Edmonton, Wainwright, Moose Jaw and Winnipeg. Your Committee also travelled to London (UK), Rotterdam, Dubai and Kandahar. They visited Newark (New Jersey) and Washington (District of Columbia) to conduct fact-finding discussions with U.S senators, members of U.S. Congress, senior officials and academics.
(b) Your Committee submitted nine substantive reports. There were 3,125 references to the Committee in the media according to the daily media coverage summary produced by the Communications Directorate. There were 135,163 hits on the Committee's website.
Professional and Other Services: $ 242,586 Transport and Communications: 598,603 Other Expenditures: 54,385 Witness Expenses: 8,392 Total: $ 903,966
2. With respect to its special study on the services and benefits provided to veterans in recognition of their services to Canada (authorized by the Senate on Thursday, May 11, 2006):
(a) This Order of Reference was delegated to the Subcommittee on Veterans Affairs on May 15, 2006, which spent 21.3 hours meeting 59 persons in hearings and fact-finding visits.
Professional and Other Services: $ 2,546 Transport and Communications: 25,709 Other Expenditures: — Witness Expenses: 874 Total: $ 29,129
3. No legislation was referred to the Committee during the aforementioned session.
Respectfully submitted,
COLIN KENNY
Chair
Introduction and First Reading of Senate Public Bills
The Honourable Senator Ringuette presented a Bill S-219, An Act to amend the Public Service Employment Act (elimination of bureaucratic patronage and establishment of national area of selection).
The bill was read the first time.
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Fraser, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Mahovlich tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association, respecting its participation at the meeting of the Committee on Economic Affairs and Development with Representatives of the Organization for Economic Co-operation and Development (OECD) and the Third Part of the 2007 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Paris and Strasbourg, France, from June 22 to 29, 2007.—Sessional Paper No. 2/39-192.
The Honourable Senator LeBreton, P.C. tabled the following:
Statement by the Prime Minister, dated November 13, 2007, concerning terms of reference for a public inquiry.—Sessional Paper No. 2/39-193S.
SPEAKER PRO TEMPORE'S STATEMENT
Honourable Senators, on Thursday, November 1, 2007, when the Order for the consideration of the motion to establish a special committee on aging was called, the Senate proceeded directly to adopt the motion as amended, without having adopted the amendment to change the reporting date.
A review of what happened that afternoon makes it clear that the Senate was voting on the motion with the amendment. Several Senators shouted out clearly "as amended,'' and I clearly stated "as amended'' when putting the question. I simply wish to bring this matter to the Senate's attention. The Senate adopted the motion with the March 31, 2008, reporting date, and that is the date by which the committee should submit its final report.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Angus, seconded by the Honourable Senator Brown, for the second reading of Bill S-2, An Act to amend the Canada- United States Tax Convention Act, 1984.
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Angus 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.
Orders No. 2 to 5 were called and postponed until the next sitting.
Second reading of Bill C-13, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments).
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, that the bill be read the second time.
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.
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 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.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (A) for the fiscal year ending March 31, 2008.
The question being put on the motion, it was adopted.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Estimates for the fiscal year ending March 31, 2008, with the exception of Parliament Vote 10; and
That the papers and evidence received and taken and work accomplished by the Committee on this subject during the First Session of the Thirty-Ninth Parliament be referred to the Committee.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Corbin, 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 Nolin moved, seconded by the Honourable Senator Stratton, 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.
The question being put on the motion in amendment, it was adopted.
Orders No. 6 to 9 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Bryden, seconded by the Honourable Senator Banks, for the second reading of Bill S-203, An Act to amend the Criminal Code (cruelty to animals).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
With leave of the Senate,
The Honourable Senator Bryden moved, seconded by the Honourable Senator Corbin, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs and, that the papers and evidence received and taken by the Standing Senate Committee on Legal and Constitutional Affairs on Bill S-213 during the First Session of the Thirty-ninth Parliament, be referred to the committee.
The question being put on the motion, it was adopted.
Orders No. 11 to 18 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Other
Resuming debate on the motion of the Honourable Senator Tardif, seconded by the Honourable Senator Cowan:
That a Special Committee of the Senate be appointed to consider any matters relating to anti-terrorism that may be referred to it by the Senate from time to time;
That, notwithstanding rule 85(1)(b), the special committee comprise nine members namely the Honourable Senators Kinsella, Andreychuk, Nolin, Day, Fairbairn, P.C., Fraser, Jaffer, Smith, P.C., and Joyal, P.C., and that four members constitute a quorum;
That the committee have power to send for persons, papers and records, to examine witnesses, to report from time to time and to print such papers and evidence from day to day as may be ordered by the committee;
That, notwithstanding rule 92(1), the committee be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering specialized or sensitive information;
That the committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;
That the papers and evidence received and taken on the subject by the Special Senate Committee on the Anti- terrorism Act during the First Session of the Thirty-Ninth Parliament be referred to the Committee;
And on the motion in amendment of the Honourable Senator Sibbeston, seconded by the Honourable Senator Watt, that the motion be amended, in the second paragraph, by increasing the number of members from nine to ten and by adding the name of the Honourable Senator Cools after that of the Honourable Senator Smith, P.C.
After debate,
The question being put on the motion in amendment, it was negatived.
The question was then put on the motion of the Honourable Senator Tardif, seconded by the Honourable Senator Cowan:
That a Special Committee of the Senate be appointed to consider any matters relating to anti-terrorism that may be referred to it by the Senate from time to time;
That, notwithstanding rule 85(1)(b), the special committee comprise nine members namely the Honourable Senators Kinsella, Andreychuk, Nolin, Day, Fairbairn, P.C., Fraser, Jaffer, Smith, P.C., and Joyal, P.C., and that four members constitute a quorum;
That the committee have power to send for persons, papers and records, to examine witnesses, to report from time to time and to print such papers and evidence from day to day as may be ordered by the committee;
That, notwithstanding rule 92(1), the committee be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering specialized or sensitive information;
That the committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;
That the papers and evidence received and taken on the subject by the Special Senate Committee on the Anti- terrorism Act during the First Session of the Thirty-Ninth Parliament be referred to the Committee.
The motion was adopted on division.
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Keon:
WHEREAS the Canadian public has never been consulted on the structure of its government (Crown, Senate and House of Commons);
AND WHEREAS there has never been a clear and precise expression by the Canadian public on the legitimacy of the Upper House since the constitutional agreement establishing its existence;
AND WHEREAS a clear and concise opinion might be obtained by putting the question directly to the electors by means of a referendum;
THAT the Senate urge the Governor in Council to obtain by means of a referendum, pursuant to section 3 of the Referendum Act, the opinion of the electors of Canada on whether the Senate should be abolished; and
THAT a message be sent to the House of Commons requesting that House to unite with the Senate for the above purpose.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 (inquiry), 3 and 5 (motions) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon:
That the Senate call upon the Government of Canada to engage in negotiations with the European Union towards a free trade agreement, in order to encourage investment, free movement of people and capital.
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.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Segal:
That the Senate urge the Government of Canada to update the 1989 Phosphorus Concentration Regulations to prevent the growth of toxic algae in Canada's lakes, rivers and streams.
After debate,
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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Privy Council Office 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. 2/39-169.
Report of the National Round Table on the Environment and the Economy, together with the Auditor General's Report, for the fiscal year ended March 31, 2007, pursuant to the National Round Table on the Environment and the Economy Act, S.C. 1993, c. 31, sbs. 23(2).—Sessional Paper No. 2/39-170.
Copy of Regulations Implementing the United Nations Resolution on Lebanon (P.C. 2007-1352 and SOR/JUS- 609128), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1). —Sessional Paper No. 2/39-171.
Report of the Asia-Pacific Foundation of Canada, together with the Auditors' Report, for the fiscal year ended March 31, 2007, pursuant to the Asia-Pacific Foundation of Canada Act, S.C. 2005, c. 30, s. 78.—Sessional Paper No. 2/39-172.
Report of Canada Revenue Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2007, pursuant to the Canada Revenue Agency Act, S.C. 1999, c. 17, sbs. 88(1).—Sessional Paper No. 2/39-173.
Reports of the Department of Veterans Affairs 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. 2/39-174.
Report of the Public Service Staffing Tribunal for the fiscal year ended March 31, 2007, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "110(2)'' and 13. —Sessional Paper No. 2/39-175.
Reports of the Department of Justice 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. 2/39-176.
Report on the implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and the enforcement of the Corruption of Foreign Public Officials Act, pursuant to the Corruption of Foreign Public Officials Act, S.C. 1998, c. 34, s. 12.—Sessional Paper No. 2/39-177.
Reports of the Department of Foreign Affairs and International Trade 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. 2/39-178.
Report of the Freshwater Fish Marketing Corporation, together with the Auditor General's Report, for the fiscal year ended April 30, 2007, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/39-179.
Reports of the Department of Fisheries and Oceans 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. 2/39-180.
Report of the Social Sciences and Humanities Research Council, together with the Auditor General's Report, for the fiscal year ended March 31, 2007, pursuant to the Social Sciences and Humanities Research Council Act, R.S.C. 1985, c. S-12, sbs. 20(2).—Sessional Paper No. 2/39-181.
Report of the Standards Council of Canada, 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. 2/39-182.
Report of the Copyright Board for the fiscal year ended March 31, 2007, pursuant to the Copyright Act, R.S.C. 1985 (4th Supp.), c. 10, s. 12.—Sessional Paper No. 2/39-183.
Reports of the Standards Council 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. 2/39-184.
Reports of the Social Sciences and Humanities Research Council 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. 2/39-185.
Reports of the Natural Sciences and Engineering Research Council 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. 2/39-186.
Reports of the Department of Human Resources and Social Development 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. 2/39-187.
Reports of the Security Intelligence Review Committee 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- 188.
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 5:00 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 Foreign Affairs and International Trade
The name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Jaffer (November 8).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Carstairs (November 8).
Standing Senate Committee on Official Languages
The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Harb (November 8).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Fox (November 8).
The name of the Honourable Senator Fox substituted for that of the Honourable Senator Pépin (November 13).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Grafstein removed from the membership (November 8).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Mitchell substituted for that of the Honourable Senator Atkins (November 8).