Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 19
Tuesday, December 4, 2007
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Brown, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Mahovlich, Massicotte, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Ringuette, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Brown, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Mahovlich, Massicotte, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Ringuette, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Trenholme Counsell presented the following:
Tuesday, December 4, 2007
The Standing Joint Committee on the Library of Parliament has the honour to present its
FIRST REPORT
Your Committee recommends to the Senate that it be authorized to assist the Speaker of the Senate and the Speaker of the House of Commons in directing and controlling the Library of Parliament, and that it be authorized to make recommendations to the Speaker of the Senate and the Speaker of the House of Commons regarding the governance of the Library and the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein.
Your Committee recommends:
(a) that its quorum be fixed at six members, provided that each House is represented, and a member from the opposition and a member from the government are present, whenever a vote, resolution or other decision is taken; and
(b) that the Joint Chairs be authorized to hold meetings to receive evidence and to have that evidence published when a quorum is not present, provided that at least three members are present, including a member from the opposition and a member from the government.
Your Committee further recommends to the Senate that it be empowered to sit during sittings and adjournments of the Senate.
A copy of the relevant Minutes of Proceedings (Meeting No. 1) is tabled in the House of Commons.
Respectfully submitted,
MARILYN TRENHOLME COUNSELL
Joint Chair
The Honourable Senator Trenholme Counsell moved, seconded by the Honourable Senator Mitchell, 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
The Honourable Senator Harb presented a Bill S-222, An Act to establish and maintain a national registry of medical devices.
The bill was read the first time.
The Honourable Senator Harb moved, seconded by the Honourable Senator Adams, 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.
The Honourable Senator Harb presented a Bill S-223, An Act to amend the Non-smokers' Health Act.
The bill was read the first time.
The Honourable Senator Harb moved, seconded by the Honourable Senator Jaffer, 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.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-298, An Act to add perfluorooctane sulfonate (PFOS) and its salts to the Virtual Elimination List under the Canadian Environmental Protection Act, 1999, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Tardif 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 Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the New England Governors and Eastern Canadian Premiers 31st Conference, held in Brudenell, Prince Edward Island, June 25 and 26, 2007.—Sessional Paper No. 2/39-265.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Council of State Governments — Southern Legislative Conference 61st Annual Meeting, held in Williamsburg, Virginia, from July 14 to 18, 2007.—Sessional Paper No. 2/39-266.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Stratton, for the second reading of Bill C-10, An Act to amend the Income Tax Act, including amendments in relation to foreign investment entities and non-resident trusts, and to provide for the bijural expression of the provisions of that Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, 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.
Second reading of Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Eyton, that the bill be read the second time.
After debate,
The Honourable Senator Bryden moved, seconded by the Honourable Senator Mahovlich, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-220, An Act respecting a National Blood Donor Week.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that the bill be read the third time.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
Second reading of Bill S-221, An Act concerning personal watercraft in navigable waters.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Murray, P.C., that the bill be read the second time.
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.
Orders No. 3 to 6 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Carney, P.C., seconded by the Honourable Senator Nolin, for the second reading of Bill S-215, An Act to protect heritage lighthouses.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Comeau.
Orders No. 8 to 13 were called and postponed until the next sitting.
Ordered, That notwithstanding rule 27(3), Order No. 14 (Bill S-204) remain on the Order Paper for another fifteen consecutive sitting days.
Ordered, That notwithstanding rule 27(3), Order No. 15 (Bill S-206) remain on the Order Paper for another fifteen consecutive sitting days.
Order No. 16 was called and postponed until the next sitting.
Second reading of Bill S-212, An Act to amend the Parliamentary Employment and Staff Relations Act.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Stollery, that the bill be read the second time.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Di Nino, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 18 was called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Ordered, That notwithstanding rule 27(3), Order No. 5 (Bill C-299) remain on the Order Paper for another fifteen consecutive sitting days.
Order No. 6 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the third report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendments to the Rules of the Senate—questions of privilege and points of order), presented in the Senate on November 20, 2007.
The Honourable Senator Keon moved, seconded by the Honourable Senator Eyton, that the report be adopted.
After debate,
The Honourable Senator Tardif 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
Order No. 64 (motion) was called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Comeau, calling the attention of the Senate to the debilitating nature of arthritis and its effect on all Canadians.
After debate,
The Honourable Senator Keon moved, seconded by the Honourable Senator St. Germain, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6, 65 (motions), 3, 1 (inquiries), 10, 4 and 3 (motions) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Moore, 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,
In amendment, the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Comeau, that the motion be amended by deleting all words after "MAY IT PLEASE YOUR EXCELENCY:'' and replacing them by the following:
We humbly pray that Your Excellency will continue to exercise Her lawful and constitutional duties and summon qualified persons to the Senate of Canada, upon the advice of the Prime Minister which has been the practice since Confederation.
After debate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
INQUIRIES
The Honourable Senator Hubley called the attention of the Senate to the 10th Anniversary of the signing of the Ottawa Treaty against the use of landmines.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the inquiry 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):
Report of the National Arts Centre for the fiscal year ended March 31, 2007, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 2/39-260.
Report of the Great Lakes Pilotage Authority for the fiscal year ended March 31, 2007, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/39-261.
Reports of the Blue Water Bridge Authority for the fiscal year ended August 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. 2/39-262.
Notice of opinion concerning Regulations Amending the Firearms Fees Regulations (SOR/2006-96), pursuant to the Firearms Act, S.C. 1995, c. 39, sbs. 119(4).—Sessional Paper No. 2/39-263.
Summary of the Corporate Plan for 2007-2008 to 2011-2012 of Marine Atlantic Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-264.
DECLARATIONS OF PRIVATE INTERESTS
Pursuant to subsection 14 (1) of the Conflict of Interest Code for Senators, a declaration of private interest was made as follows:
—By written declaration, on December 4, 2007, the Honourable Senator Massicotte (Bill S-213).
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 4:55 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Zimmer substituted for that of the Honourable Senator Mercer (November 28).
The name of the Honourable Senator Bacon removed from the membership (November 28).
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Zimmer (November 29).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Massicotte substituted for that of the Honourable Senator Peterson (November 29).
Standing Senate Committee on Fisheries and Oceans
The name of the Honourable Senator Watt substituted for that of the Honourable Senator Banks (November 29).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Chaput (November 29).
Special Senate Committee on the Anti-terrorism
The name of the Honourable Senator Baker substituted for that of the Honourable Senator Jaffer (December 3).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Baker substituted for that of the Honourable Senator Jaffer (December 3).
Standing Senate Committee on National Finance
The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator De Bané (December 3).