Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
(Unrevised)
2nd Session, 39th Parliament
Issue 23
Wednesday, December 12, 2007
1:30 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, Carney, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Campbell, Carney, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Tributes
The Honourable Senator Carney, P.C. informed the Senate of her resignation from the Senate, effective January 31, 2008.
Tribute was then paid to the Honourable Senator Carney, P.C.
With leave of the Senate,
The Honourable Senator Carney, P.C. tabled the following:
Letter to the Right Honourable Brian Mulroney, from the Honourable Pat Carney, Minister for International Trade, dated June 18, 1987, concerning ministerial accountability (English text).—Sessional Paper No. 2/39-288S.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Annual Report 2006-2007 of the Indian Claims Commission.— Sessional Paper No. 2/39-289.
Annual Report of the Aboriginal Healing Foundation for the year 2007.—Sessional Paper No. 2/39-290.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Eyton, Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, tabled its second report (Report No. 80 — Incorporation by Reference).—Sessional Paper No. 2/39-291S.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:
That, in accordance with Rule 74(1), the Standing Senate Committee on National Finance be authorized to examine the subject-matter of Bill C-28, An Act to implement certain provisions of the budget, tabled in Parliament on March 19, 2007, and to implement certain provisions of the economic statement, tabled in Parliament on October 30, 2007, in advance of the said Bill coming before the Senate.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:
That, the Speaker not see the clock at 6 p.m. and that rule 13(1) be suspended for today.
The question being put on the motion, it was adopted.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-38, An Act to permit the resumption and continuation of the operation of the National Research Universal Reactor at Chalk River, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, that the bill be placed on the Orders of the Day for a second reading later this day.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Champagne, P.C. tabled the following:
Report of the Canadian Section of the Assemblée parlementaire de la Francophonie (APF), respecting its participation at the APF Meeting of the Education, Communication and Cultural Affairs Committee, held in Fort-de- France, Martinique, on March 5 and 6, 2007. —Sessional Paper No. 2/39-292.
The Honourable Senator Poulin tabled the following:
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the 3rd General Assembly of Inter-Parliamentarians for Social Service, held in Seoul, Korea, from August 22 to 25, 2007. —Sessional Paper No. 2/39-293.
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 48th Annual Meeting, held in Windsor, Ontario, from May 18 to 21, 2007.—Sessional Paper No. 2/39-294.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 2007 Annual Meeting of the Western Governors' Association, held in Deadwood, South Dakota, from June 10 to 12, 2007. —Sessional Paper No. 2/39-295.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Council of State Governments Eastern Regional Conference: 47th Annual Meeting and Regional Policy Forum, held in Quebec, Quebec, from August 12 to 15, 2007.—Sessional Paper No. 2/39-296.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Pacific Northwest Economic Region 17th Annual Summit, held in Anchorage, Alaska, from July 22 to 26, 2007.—Sessional Paper No. 2/39-297.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Stratton, seconded by the Honourable Senator Eyton, for the second reading of Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Second reading of Bill C-38, An Act to permit the resumption and continuation of the operation of the National Research Universal Reactor at Chalk River.
The Honourable Senator Keon moved, seconded by the Honourable Senator Champagne, P.C., 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 Comeau moved, seconded by the Honourable Senator Tkachuk, that the bill be referred to a Committee of the Whole now.
The question being put on the motion, it was adopted.
COMMITTEE OF THE WHOLE
The Senate was accordingly adjourned during pleasure and put into a Committee of the Whole on the Bill C-38, An Act to permit the resumption and continuation of the operation of the National Research Universal Reactor at Chalk River, the Honourable Senator Losier-Cool in the Chair.
—In the Committee—
Pursuant to Rule 21, the Honourable Tony Clement, P.C., M.P., Minister of Health, with Mr. Morris Rosenberg, Deputy Minister of Health and Ms. Meena Ballantyne, Assistant Deputy Minister of Health; and the Honourable Gary Lunn, P.C., M.P., Minister of Natural Resources with Ms. Catherine Doyle, Deputy Minister of Natural Resources, were escorted to a seat in the Senate Chamber.
Debate.
With leave, Mr. David F. Torgerson, Executive Vice President and Chief Technology Officer and President for the Research and Technology Division, Atomic Energy of Canada, Limited; Mr. Ken Petrunik, Executive Vice President and Chief Operating Officer and President, Candu Reactor Division, Atomic Energy of Canada, Limited; and Mr. Brian McGee, Senior Vice-President and Chief Nuclear Officer, Atomic Energy of Canada, Limited, were escorted to a seat in the Senate Chamber.
Debate.
With leave, Ms. Linda Keen, President and Chief Executive Officer, Canadian Nuclear Safety Commission; and Mr. Barclay Howden, Director General of Nuclear Cycle and Facilities Regulation, Canadian Nuclear Safety Commission, were escorted to a seat in the Senate Chamber.
Debate.
The title of the Bill was read and postponed.
Clause 1 of the Bill was read.
The question of concurrence being put on Clause 1 of the Bill, it was adopted.
Clause 2 of the Bill was read.
The question of concurrence being put on Clause 2 of the Bill, it was adopted.
The title of the Bill was again read.
The question of concurrence being put on the title of the Bill, it was adopted.
The question of concurrence being put on the Bill, it was adopted.
The question of concurrence in the motion that the Chair report the Bill to the Senate without amendment being put, it was adopted.
The sitting of the Senate resumed.
The Chair of the Committee stated that the Committee had examined Bill C-38 and had directed her to report the same to the Senate, without amendment.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, that the bill be read the third time now.
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this bill, without amendment.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to undertake a review of the Canadian Environmental Protection Act (1999, c. 33) pursuant to subsection 343(1) of the said Act;
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; and
That the Committee submit its final report no later than February 29, 2008.
The question being put on the motion, it was adopted.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:
That, pursuant to rule 95(3), for the remainder of this session, the Standing Senate Committees on Human Rights, Official Languages, and National Security and Defence, as well as the Special Senate Committee on Anti-terrorism be authorized to meet at their approved meeting times as determined by the Government and Opposition Whips on any Monday which immediately precedes a Tuesday when the Senate is scheduled to sit, even though the Senate may then be adjourned for a period exceeding a week.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the fourth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C- 13, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments), with amendments and observations), presented in the Senate on December 11, 2007.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Milne, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that the bill, as amended, 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 11 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Tardif, for the second reading of Bill S-209, An Act to amend the Criminal Code (protection of children).
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.
Orders No. 13 to 15 were called and postponed until the next sitting.
Second reading of Bill S-216, An Act to amend the Access to Information Act and the Canadian Wheat Board Act.
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Hubley, that the bill be read the second time.
After debate,
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Dallaire, seconded by the Honourable Senator Moore, for the second reading of Bill C-293, An Act respecting the provision of official development assistance abroad.
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Day, that the bill be referred to the Standing Senate Committee on Foreign Affairs and International Trade.
The question being put on the motion, it was adopted.
Orders No. 5 and 6 were called and postponed until the next sitting.
Reports of Committees
Consideration of the fourth report (interim) of the Standing Senate Committee on Agriculture and Forestry, entitled: Livestock Industry, tabled in the Senate on December 11, 2007.
After debate,
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Keon, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
WRITTEN DECLARATION OF ROYAL ASSENT
At 8:52 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
December 12, 2007
Mr. Speaker:
I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 12th day of December, 2007, at 8:36 p.m.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Wednesday, December 12, 2007
An Act to permit the resumption and continuation of the operation of the National Research Universal Reactor at Chalk River (Bill C-38, Chapter 31, 2007)
Reports of Committees
Consideration of the second report of the Standing Senate Committee on Human Rights (budget—study to examine and monitor issues relating to human rights and inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations—power to hire staff and to travel), presented in the Senate on December 11, 2007.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Oliver, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on Human Rights (budget—study to monitor the implementation of recommendations contained in the committee's report entitled Children: The Silenced Citizens: Effective Implementation of Canada's International Obligations with Respect to the Rights of Children—power to hire staff), presented in the Senate on December 11, 2007.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Nolin, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fourth report of the Standing Senate Committee on Human Rights (budget—study to examine cases of alleged discrimination in the hiring and promotion practices of the Federal Public Service and to study the extent to which targets to achieve employment equity for minority groups are being met—power to hire staff), presented in the Senate on December 11, 2007.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Oliver, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fifth report of the Standing Senate Committee on Human Rights (budget—study on Matrimonial Real Property—power to hire staff), presented in the Senate on December 11, 2007.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Oliver, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 6 and 7 were called and postponed until the next sitting.
Other
Orders No. 6, 3, 11, 69 (motions) and 4 (inquiry) 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;
And on the motion in amendment of the Honourable Senator Tkachuk, 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,
In amendment, the Honourable Senator Banks moved, seconded by the Honourable Senator Day, that the motion in amendment be amended by deleting all words after "Canada,'' and replacing them with the following:
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.
A point of order was raised with respect to the acceptability of the sub-amendment.
Debate.
SPEAKER'S RULING
Honourable senators, I feel comfortable in ruling on the point of order. I do not think I need to hear any more arguments.
The essence of the point of order that was raised by the Honourable Senator Comeau speaks to the issue of the Constitution. As all honourable senators know, the Speaker does not decide matters of Constitution. I believe, and it is my ruling, that this is a matter that is not procedurally out of order. It is a matter that is best decided by and through debate.
The chair rules that the sub-amendment to the amendment is in order.
The Senate resumed debate on the 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;
And on the motion in amendment of the Honourable Senator Tkachuk, 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;
And on the sub-amendment of the Honourable Senator Banks, seconded by the Honourable Senator Day, that the motion in amendment be amended by deleting all words after "Canada,'' and replacing them with the following:
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 Keon, that further debate on the sub-amendment be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Comeau, Gustafson, Keon, LeBreton, Nolin, Oliver, Stratton, Tkachuk—9
NAYS
The Honourable Senators
Bacon, Banks, Callbeck, Chaput, Cook, Cowan, Dallaire, Dawson, Day, Downe, Eggleton, Fairbairn, Fraser, Furey, Goldstein, Grafstein, Hubley, Jaffer, Kenny, Mahovlich, Merchant, Milne, Mitchell, Moore, Munson, Peterson, Phalen, Ringuette, Robichaud, Tardif, Trenholme Counsell, Zimmer—32
ABSTENTIONS
The Honourable Senators
Cools—1
The Senate resumed debate on the 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;
And on the motion in amendment of the Honourable Senator Tkachuk, 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;
And on the sub-amendment of the Honourable Senator Banks, seconded by the Honourable Senator Day, that the motion in amendment be amended by deleting all words after "Canada,'' and replacing them with the following:
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 Comeau moved, seconded by the Honourable Senator Oliver:
That the Senate do now adjourn.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Comeau, Di Nino, Eyton, Gustafson, Keon, LeBreton, Nolin, Stratton, Tkachuk—10
NAYS
The Honourable Senators
Bacon, Banks, Callbeck, Chaput, Cook, Cowan, Dallaire, Dawson, Day, Downe, Eggleton, Fairbairn, Fraser, Furey, Goldstein, Grafstein, Hubley, Jaffer, Kenny, Merchant, Milne, Mitchell, Moore, Munson, Peterson, Phalen, Ringuette, Robichaud, Tardif, Trenholme Counsell, Zimmer—31
ABSTENTIONS
The Honourable Senators
Cools—1
The Senate resumed 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;
And on the motion in amendment of the Honourable Senator Tkachuk, 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;
And on the sub-amendment of the Honourable Senator Banks, seconded by the Honourable Senator Day, that the motion in amendment be amended by deleting all words after "Canada,'' and replacing them with the following:
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 Stratton moved, seconded by the Honourable Senator Tkachuk, that further debate on the sub-amendment be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Comeau, Di Nino, Eyton, Gustafson, Keon, LeBreton, Nolin, Stratton, Tkachuk—10
NAYS
The Honourable Senators
Bacon, Banks, Callbeck, Chaput, Cook, Cowan, Dallaire, Dawson, Day, Downe, Eggleton, Fairbairn, Furey, Goldstein, Grafstein, Hubley, Jaffer, Kenny, Merchant, Milne, Mitchell, Moore, Munson, Peterson, Phalen, Ringuette, Robichaud, Tardif, Trenholme Counsell, Zimmer—30
ABSTENTIONS
The Honourable Senators
Cools—1
At 12:07 a.m., pursuant to Rule 66(6), the Senate adjourned until 1:30 p.m. later this day.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Phalen substituted for that of the Honourable Senator Trenholme Counsell (December 11).
The name of the Honourable Senator Trenholme Counsell substituted for that of the Honourable Senator Phalen (December 12).