Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 12
Thursday, November 15, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
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, De Bané, Di Nino, Downe, Dyck, Eyton, Fairbairn, Fortier, Fox, Fraser, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Milne, Mitchell, Munson, Murray, Nancy Ruth, Oliver, Pépin, Peterson, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stratton, Tardif, Tkachuk, Trenholme Counsell
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, De Bané, Di Nino, Downe, Dyck, Eyton, Fairbairn, Fortier, Fox, Fraser, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Milne, Mitchell, *Moore, Munson, Murray, Nancy Ruth, Oliver, Pépin, Peterson, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stratton, Tardif, Tkachuk, Trenholme Counsell
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Government Response to the tenth report of the Standing Senate Committee on Human Rights entitled: Children: The Silenced Citizens, tabled in the Senate on April 25, 2007. —Sessional Paper No. 2/39-234S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Angus tabled the following (Sessional Paper No. 2/39-235S):
Thursday, 15 November, 2007
The Standing Senate Committee on Banking, Trade and Commerce 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 of the rules, 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 and consideration of legislation:
Professional and other services $ 3,305 Transportation and Communications — All other expenditures 11,600 Witness expenses 2,778 Total $ 17,683
2. With respect to its special study on the present state of the domestic and international financial system authorized by the Senate on Tuesday, May 2, 2006:
Professional and other services $ 15,054 Transportation and Communications 49,396 All other expenditures 352 Witness expenses 3,783 Total $ 68,585
3. With respect to its special study on consumer issues arising in the financial services sector authorized by the Senate on Tuesday, May 2, 2006:
Professional and other services $ 561 Transportation and Communications — All other expenditures — Witness expenses — Total $ 561
4. With respect to its special study on issues dealing with the demographic change that will occur in Canada within the next two decades authorized by the Senate on Tuesday, May 2, 2006:
Professional and other services $ 2,196 Transportation and Communications — All other expenditures — Witness expenses — Total $ 2,196
5. With respect to its special study on issues dealing with interprovincial barriers to trade authorized by the Senate on Tuesday, May 2, 2006:
Professional and other services $ 1,022 Transportation and Communications — All other expenditures — Witness expenses 2,737 Total $ 3,759
6. With respect to its special study on a review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act authorized by the Senate on Tuesday, May 16, 2006:
Professional and other services $ 5,784 Transportation and Communications — All other expenditures — Witness expenses — Total $ 5,784
During the session, your Committee held 49 meetings (88.8 hours), heard 199 witnesses and submitted 20 reports in relation to its work. Your Committee examined 7 bills (C-25, C-26, C-36, C-37, C-40, C-47 and S-5) and received a total of 12 orders of reference.
Respectfully submitted,
W. DAVID ANGUS
Chair
The Honourable Senator Angus, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its second report (Bill S-2, An Act to amend the Canada- United States Tax Convention Act, 1984, without amendment).
The Honourable Senator Angus moved, seconded by the Honourable Senator Eyton, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Fraser tabled the following (Sessional Paper No. 2/39-236S):
Thursday, November 15, 2007
The Standing Senate Committee on Legal and Constitutional Affairs 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 39th Parliament are as follows:
With respect to its examination of legislation:
Professional and Other Services: $ 24,042 Transport and Communications: — Other Expenditures: 79 Witness Expenses: 46,810 Total: $ 70,931
Your committee examined 17 bills, three of which were reported without amendment:
Bill C-4, An Act to amend An Act to amend the Canada Elections Act and the Income Tax Act.
Bill S-1001, An Act respecting Scouts Canada.
Bill C-16, An Act to amend the Canada Elections Act.
Four bills were reported without amendment but with observations:
Bill S-3, An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act.
Bill C-19, An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act.
Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment).
Bill C-18, An Act to amend certain Acts in relation to DNA identification.
In addition, your committee reported the following bills with amendments:
Bill S-202, An Act to repeal legislation that has not come into force within ten years of receiving royal assent.
Bill S-213, An Act to amend the Criminal Code (cruelty to animals).
Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.
And finally, your committee reported the following bills with amendments and observations:
Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability.
Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure).
During the First Session of the 39th Parliament, your committee received 20 orders of reference, held 79 meetings, heard more than 184 hours of testimony from 296 witnesses and submitted 14 reports in relation to its work.
Respectfully submitted,
JOAN FRASER
Chair
The Honourable Senator St. Germain, P.C., tabled the following (Sessional Paper No. 2/39-237S):
Thursday, November 15, 2007
The Standing Senate Committee on Aboriginal Peoples 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 of the Rules, 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 $ 1,410 Transportation and Communications — Other expenditures — Witness expenses 1,728 Total $ 3,138
2. With respect to its special study on the involvement of Aboriginal communities and businesses in economic development (authorized by the Senate on May 9, 2006):
Professional and other services $ 25,308 Transportation and Communications 85,582 Other Expenditures 1,722 Witness Expenses 4,664 Total $ 117,276
3. With respect to its special study on specific claims (authorized by the Senate on May 20, 2006):
Professional and other services $ 1,755 Transportation and Communications — Other Expenditures — Witness Expenses 12,789 Total $ 14,544
4. With respect to its special study on safe drinking water for First Nations communities (authorized by the Senate on March 29, 2007):
Professional and other services $ 578 Transportation and Communications — Other Expenditures — Witness Expenses 4,381 Total $ 4,959
The Committee received eight orders of reference from the Senate during the session in question. Four bills were referred to the Committee (C-34, C-292, S-6 and S-216). It held 35 meetings during this period, receiving evidence from 119 witnesses and submitted 9 reports to the Senate dealing with its work.
Respectfully submitted,
GERRY ST. GERMAIN
Chair
The Honourable Senator Di Nino tabled the following (Sessional Paper No. 2/39-238S):
Thursday, November 15, 2007
The Standing Senate Committee on Foreign Affairs and International Trade 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 of the Rules, 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 and consideration of legislation:
Professional and Other Services $ 1,078.65 Transports and Communications — All Other Expenditures — Witness Expenditures 6,685.44 Total $ 7,764.09
2. With respect to its special study on issues relating to foreign relations in general:
Professional and Other Services $ 541.48 Transportation and Communications 35,525.69 All Other Expenditures 28.20 Witness Expenditures —. Total $ 36,095.37
3. With respect to its special study on Africa:
Professional and Other Services $ 7,451.77 Transportation and Communications 179,929.61 All Other Expenditures 2,260.25 Witness Expenditures 629.18 Total $ 190,270.81
4. With respect to its special study on the Lebanon Evacuation:
Professional and Other Services $ 1,622.20 Transportation and Communications — All Other Expenditures — Witness Expenditures —. Total $ 1,622.20
5. With respect to its special study on Softwood Lumber:
Professional and Other Services $ 1,201.70 Transports and Communications — All Other Expenditures — Witness Expenditures 3,157.60 Total $ 4,359.30
6. With respect to its special study on Democratisation:
Professional and Other Services $ — Transportation and Communications — All Other Expenditures — Witness Expenditures —. Total $ —
During the session under consideration, your Committee considered ten (10) orders of reference, held forty-two (42) meetings, heard from ninety-seven (97) witnesses and submitted fourteen (14) reports in relation to its work.
Your Committee examined three (3) bills and reported thereon without amendment. Your Committee also began the examination of another bill.
Your committee traveled on a fact-finding visit to Africa and Europe from October 4 to 19, 2006.
Respectfully submitted,
CONSIGLIO DI NINO
Chair
The Honourable Senator Fairbairn, P.C. tabled the following (Sessional Paper No. 2/39-239S):
Thursday, November 15, 2007
The Standing Senate Committee on Agriculture and Forestry 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 of the Committee during the First Session of the Thirty-ninth Parliament were as follows:
1. With respect to its special study to examine and report on rural poverty in Canada:
Transportation & Communications $ 236,741 Professional and Other Services 104,529 All other expenditures 5,121 Witness Expenses 38,441 Total $ 384,832
2. With respect to its special study to hear from time to time witnesses, including both individuals and representatives form organizations, on the present state and the future of agriculture and forestry in Canada:
Professional and Other Services $ 4,017 All other expenditures 139 Witness Expenses 5,725 Total $ 9,882
3. With respect to its studies of legislation:
All other expenditures $ 108 Witness Expenses 463 Total $ 571
During the session under consideration, your Committee considered three orders of reference, held 80 meetings and received evidence from 290 witnesses over some 144.8 hours. Your Committee submitted 9 reports relating to its work.
Respectfully submitted,
JOYCE FAIRBAIRN
Chair
The Honourable Senator Eyton presented the following:
Thursday, November 15, 2007
The Standing Joint Committee for the Scrutiny of Regulations has the honour to present its
FIRST REPORT
Your Committee reports that in relation to its permanent reference, section 19 of the Statutory Instruments Act, R.S.C. 1985, c. S-22, the Committee was previously empowered "to study the means by which Parliament can better oversee the government regulatory process and in particular to enquire into and report upon:
1. the appropriate principles and practices to be observed
(a) in the drafting of powers enabling delegates of Parliament to make subordinate laws;
(b) in the enactment of statutory instruments;
(c) in the use of executive regulation — including delegated powers and subordinate laws;
and the manner in which Parliamentary control should be effected in respect of the same;
2. the role, functions and powers of the Standing Joint Committee for the Scrutiny of Regulations.''
Your Committee recommends that the same order of reference together with the evidence adduced thereon during previous sessions be again referred to it.
Your Committee informs both Houses of Parliament that the criteria it will use for the review and scrutiny of statutory instruments are the following:
Whether any Regulation or other statutory instrument within its terms of reference, in the judgement of the Committee:
1. is not authorized by the terms of the enabling legislation or has not complied with any condition set forth in the legislation;
2. is not in conformity with the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights;
3. purports to have retroactive effect without express authority having been provided for in the enabling legislation;
4. imposes a charge on the public revenues or requires payment to be made to the Crown or to any other authority, or prescribes the amount of any such charge or payment, without express authority having been provided for in the enabling legislation;
5. imposes a fine, imprisonment or other penalty without express authority having been provided for in the enabling legislation;
6. tends directly or indirectly to exclude the jurisdiction of the courts without express authority having been provided for in the enabling legislation;
7. has not complied with the Statutory Instruments Act with respect to transmission, registration or publication;
8. appears for any reason to infringe the rule of law;
9. trespasses unduly on rights and liberties;
10. makes the rights and liberties of the person unduly dependent on administrative discretion or is not consistent with the rules of natural justice;
11. makes some unusual or unexpected use of the powers conferred by the enabling legislation;
12. amounts to the exercise of a substantive legislative power properly the subject of direct parliamentary enactment;
13. is defective in its drafting or for any other reason requires elucidation as to its form or purport.
Your Committee recommends that its quorum be fixed at four members, provided that both Houses are represented whenever a vote, resolution or other decision is taken, and that the Joint Chairmen be authorized to hold meetings to receive evidence and authorize the printing thereof so long as three members are present, provided that both Houses are represented; and, that the Committee have power to engage the services of such expert staff, and such stenographic and clerical staff as may be required.
Your Committee further recommends to the Senate that it be empowered to sit during sittings and adjournments of the Senate.
Your Committee, which was also authorized by the Senate to incur expenses in connection with its permanent reference relating to the review and scrutiny of statutory instruments, reports, pursuant to Rule 104 of the Rules of the Senate, that the expenses of the Committee (Senate portion) during the First Session of the Thirty-ninth Parliament were as follows:
Professional and Other Services $ 703.29 Transport and Communications — All Other Expenses 1,490.49 Total $ 2,193.78
A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 1, Second Session, Thirty-ninth Parliament) is tabled in the House of Commons.
Respectfully submitted,
J. TREVOR EYTON
Joint Chair
The Honourable Senator Eyton moved, seconded by the Honourable Senator Brown, 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 Senate Public Bills
With leave of the Senate,
The Honourable Senator Cochrane, for the Honourable Senator Mercer, presented a Bill S-220, An Act respecting a National Blood Donor Week.
The bill was read the first time.
The Honourable Senator Cochrane moved, seconded by the Honourable Senator Keon, 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
Orders No. 1 to 3 were called and postponed until the next sitting.
Second reading of Bill C-12, An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, the Wage Earner Protection Program Act and chapter 47 of the Statutes of Canada, 2005.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Eyton, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Keon, 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.
Motions
Order No. 1 was called and postponed until the next sitting.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That the document entitled Proposed Regulations Amending the Citizenship Regulations (Adoption) and Regulatory Impact Analysis Statement, tabled in the Senate on Wednesday, November 14, 2007, be referred to the Standing Senate Committee on Social Affairs, Science, and Technology for review and report.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 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
Orders No. 6, 4 and 7 (motions) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Callbeck, calling the attention of the Senate to the thousands of Canadian seniors who are not receiving the benefits from the Canada Pension Plan to which they are entitled.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Robichaud, P.C.
Orders No. 3 and 5 (motions) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Carstairs, P.C., called the attention of the Senate to the 25th anniversary of the Canadian Charter of Rights and Freedoms.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, 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 Sibbeston moved, seconded by the Honourable Senator Adams:
That the Standing Committee on Internal Economy, Budgets and Administration be authorized to examine and report on changes to Senate policies necessary to incorporate into both the 64-point travel system for individual Senators and into committee travel budgets the costs of purchasing carbon offsets that meet the goal of reducing greenhouse gas emissions and also meet internationally recognized standards and certification processes;
That the Committee also evaluate, as a further means to reduce greenhouse gas emissions, the possibility of expanding the use of teleconferencing and other technological systems to reduce the need for witness travel to Ottawa; and
That the Committee present its final report to the Senate no later than December 12, 2007.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, 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 Banks moved, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have power to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.
The question being put on the motion, it was adopted.
The Honourable Senator Banks moved, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Energy, the Environment and Natural Resources be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
The question being put on the motion, it was adopted.
The Honourable Senator Banks moved, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine and report on emerging issues related to its mandate:
(a) The current state and future direction of production, distribution, consumption, trade, security and sustainability of Canada's energy resources;
(b) Environmental challenges facing Canada including responses to global climate change, air pollution, biodiversity and ecological integrity;
(c) Sustainable development and management of renewable and non-renewable natural resources including but not limited to water, minerals, soils, flora and fauna; and
(d) Canada's international treaty obligations affecting energy, the environment and natural resources and their influence on Canada's economic and social development.
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;
That the Committee report to the Senate from time to time, no later than June 30, 2009, and that the Committee retain until September 30, 2009, all powers necessary to publicize its findings.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Keon moved, seconded by the Honourable Senator Meighen:
That the Standing Committee on Rules, Procedures and the Rights of Parliament have power to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.
The question being put on the motion, it was adopted.
The Honourable Senator Keon moved, seconded by the Honourable Senator Meighen:
That the Standing Committee on Rules, Procedures and the Rights of Parliament be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:
That when the Senate adjourns today, it do stand adjourned until Tuesday, November 20, 2007, at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the years 2002, 2003 and 2004, pursuant to the Act, S.C. 1992, c. 52, s. 28.—Sessional Paper No. 2/39-231.
Amendments to the 2006-2007 Corporate Plan Summary of the Federal Bridge Corporation Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-232.
Report of the Sport Dispute Resolution Centre of Canada, together with the Auditors' Report, for the fiscal year ended March 31, 2007, pursuant to the Physical Activity and Sport Act, 2003, c. 2, s. 33.—Sessional Paper No. 2/39- 233.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:49 p.m. the Senate was continued until Tuesday, November 20, 2007 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Special Senate Committee on Aging
The name of the Honourable Senator Keon substituted for that of the Honourable Senator Nolin (November 14).
Special Senate Committee on the Anti-terrorism
The name of the Honourable Senator Segal substituted for that of the Honourable Senator Kinsella (November 14).
Standing Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator Bacon substituted for that of the Honourable Senator Cook (November 14).
The names of the Honourable Senators Stratton and St. Germain substituted for those of the Honourable Senators St. Germain and Stratton (November 15).
Committee of Selection
The name of the Honourable Senator Robichaud substituted for that of the Honourable Senator Carstairs (November 14).