Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 32
Tuesday, February 12, 2008
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Brown, Callbeck, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Peterson, Poy, Prud'homme, Ringuette, Rivest, 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, Callbeck, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Peterson, Poy, Prud'homme, Ringuette, Rivest, 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
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Document entitled: The National Child Benefit — Progress Report 2004.—Sessional Paper No. 2/39-424.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Spivak presented a Bill S-227, An Act to amend the National Capital Act (establishment and protection of Gatineau Park).
The bill was read the first time.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Segal, 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-428, An Act to amend the Controlled Drugs and Substances Act (methamphetamine), to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Gustafson, 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.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau, tabled the following:
Reply to Question No. 3, dated October 17, 2007, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting Governor-in-Council Appointments. —Sessional Paper No. 2/39-425S.
Reply to Question No. 4, dated October 17, 2007, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting Ministerial Appointments.—Sessional Paper No. 2/39-426S.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill C-11, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act,
And to acquaint the Senate that the Commons have agreed to the amendment made by the Senate to this Bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Nolin, seconded by the Honourable Senator Di Nino, for the second reading of Bill C-9, An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Keon, 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.
Resuming debate on the motion of the Honourable Senator Johnson, seconded by the Honourable Senator Brown, for the second reading of Bill C-8, An Act to amend the Canada Transportation Act (railway transportation).
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 Nolin, that the bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin:
That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to sit at any time for the purposes of studying Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts (Tackling Violent Crime Act), even though the Senate may then be sitting, and that the application of Rule 95(4) be suspended in relation thereto.
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 Nolin:
That, in accordance with Rule 95(3)(a), the Standing Senate Committee on Legal and Constitutional Affairs have the power to meet Monday, February 18, 2008, Tuesday, February 19, 2008, Wednesday, February 20, 2008, Thursday, February 21, 2008, Friday, February 22, 2008 and Monday, February 25, 2008 even though the Senate may then be adjourned for a period exceeding one week, for the purposes of studying Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts (Tackling Violent Crime Act).
The question being put on the motion, it was adopted.
OTHER BUSINESS
Ordered, That Order No. 9 under Reports of Committees be brought forward.
Consideration of the fifth report of the Standing Senate Committee on Legal and Constitutional Affairs entitled: Taking Section 35 Rights Seriously: Non-derogation Clauses Relating to Aboriginal and Treaty Rights, tabled in the Senate on December 13, 2007.
After debate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Fraser, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons in the following words:
Tuesday, February 12, 2008
ORDERED,—That, given the Government has declared the passage of Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts, as a matter of confidence, and, that the bill has already been at the Senate longer than all stages took in the House of Commons, and that all aspects of this bill have already been the subject of extensive committee hearings in Parliament, and that in the opinion of this House, the Senate majority is not providing appropriate priority to the passage of Bill C-2, a message be sent to the Senate calling on the Senate to pass Bill C-2, the Tackling Violent Crime Act, by March 1, 2008.
ATTEST:
AUDREY O'BRIEN
The Clerk of the House of Commons
A point of order was raised with respect to the message of the House of Commons.
Debate.
SPEAKER'S RULING
Honourable Senators, I have no difficulty in ruling now because I have done nothing more than read a message that we received from the other place. The messenger would not want to get in the line of fire.
This House has no cognizance of what is done in the other place until such time as a message is sent here, whether with a bill or whatever. Given that I have already read it, the message is before the House. What the House does with it, if anything, is up to the House.
There is nothing on the Order Paper relating to this message. In the Hansard of the day, it will simply report that the message was read by the Speaker as it had been received from that other place.
Senate Public Bills
Orders No. 1 to 18 were called and postponed until the next sitting.
Second reading of Bill S-224, An Act to amend the Parliament of Canada Act (vacancies).
The Honourable Senator Moore moved, seconded by the Honourable Senator Banks, that the bill be read the second time.
After debate,
The Honourable Senator Brown moved, seconded by the Honourable Senator Gustafson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Smith, P.C., presented the following:
Tuesday, February 12, 2008
The Special Senate Committee on Anti-terrorism has the honour to present its
SECOND REPORT
Your committee, to which was referred Bill C-3, An Act to amend the Immigration and Refugee Protection Act (certificate and special advocate) and to make a consequential amendment to another Act, has, in obedience to the order of reference of Thursday, February 7, 2008, examined the said Bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
DAVID P. SMITH
Chair
Observations Appended to the Second Report of the Special Senate Committee on Anti-terrorism
Recognizing the impending February 23, 2008 deadline imposed by the Supreme Court of Canada for Parliament to rectify the unconstitutionality of the existing security certificate procedure, the Special Senate Committee on Anti- terrorism is adopting Bill C-3, An Act to amend the Immigration and Refugee Protection Act (certificate and special advocate) and to make a consequential amendment to another Act, without amendment.
The Committee would have appreciated more time to reflect upon all aspects of this bill and the views of those concerned, given the life-altering effects that security certificates have on those named in them, and the reflection the process has on Canadian society and values. Because of the tight timeline for examining Bill C-3, the Committee was not able to hear from all parties who requested to appear.
Some of the issues the Committee is concerned with are:
The inability of the special advocate to communicate with the person named in the security certificate, except with the judge's authorization, after the special advocate has received the confidential information;
The lack of a specific provision empowering the special advocate to require the Minister to disclose all documents the special advocate believes may be relevant; and
The absence of a requirement for Parliament to review the new security certificate process and the functioning of the special advocate within that process once it has been implemented.
Accordingly, we propose that the Senate provide this Committee with the opportunity to conduct a full study on the security certificate process in the months to come, in that the Minister of Public Safety wrote, in a letter dated February 12, 2008, addressed to the Chair:
In my appearance before you yesterday, the need for further Parliamentary review of Bill C-3, an Act to amend the Immigration and Refugee Protection Act (certificate and special advocate) and to make a consequential amendment to another Act was raised. Once Bill C-3 has passed, I would welcome the Senate Special Committee on Anti-Terrorism continuing its study of the security certificate provisions of the Immigration and Refugee Protection Act and reporting any recommendations to the Government before December 31, 2008.
I welcome your work in this regard as this is an important piece of legislation and key to our efforts to build a strong and resilient Canada.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that the bill be read a third time now.
After debate,
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 has passed this bill, without amendment.
With leave of the Senate,
The Honourable Senator Smith, P.C., tabled the following:
Letter dated February 12, 2008, from the Minister of Public Safety and Emergency Preparedness to the Chair of the Special Senate Committee on Anti-terrorism, concerning the review of Bill C-3.—Sessional Paper No. 2/39-427S.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Goldstein, seconded by the Honourable Senator Campbell, for the second reading of Bill C-280, An Act to Amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171).
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Gustafson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill C-298, An Act to add perfluorooctane sulfonate (PFOS) and its salts to the Virtual Elimination List under the Canadian Environmental Protection Act, 1999.
The Honourable Senator Milne moved, seconded by the Honourable Senator Cook, that the bill be read the second time.
After debate,
The Honourable Senator Nolin 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.
Orders No. 3 to 5 were called and postponed until the next sitting.
Reports of Committees
Consideration of the third report of the Standing Senate Committee on Transport and Communications (User Fee Proposal for a Spectrum Licence Fee for Broadband Public Safety Communications), presented in the Senate on February 7, 2008.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Robichaud, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Consideration of the fifth report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on child care—power to hire staff), presented in the Senate on February 7, 2008.
The Honourable Senator Eggleton, P.C. moved, seconded by the Honourable Senator Adams, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the sixth report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on issues relating to the federal government's new Science and Technology Strategy), presented in the Senate on February 7, 2008.
The Honourable Senator Eggleton, P.C. moved, seconded by the Honourable Senator Adams, 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 Energy, the Environment and Natural Resources (budget—study on the review of the Canadian Environmental Protection Act), presented in the Senate on February 7, 2008.
The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the second report of the Standing Senate Committee on Official Languages (budget—study on the Official Languages Act—power to hire staff and to travel), presented in the Senate on February 7, 2008.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Trenholme Counsell, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 7, 8 and 10 were called and postponed until the next sitting.
Other
Orders No. 4, 78 (motions), 4, 10 (inquiries), 62, 76 (motions), 9, 3 (inquiries), 5 (motion), 7 (inquiry), 6, 3, 11, 69 (motions), 6 (inquiry) and 65 (motion) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Segal moved, seconded by the Honourable Senator Tkachuk:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the implementation of a guaranteed annual income system, including the negative income tax model, as a qualitative improvement in income security, with a view to reducing the number of Canadians now living under the poverty line;
That the Committee consider the best possible design of a negative income tax that would:
(a) ensure that existing income security expenditures at the federal, provincial and municipal levels remain at the same level;
(b) create strong incentives for the able-bodied to work and earn a decent living;
(c) provide for coordination of federal and provincial income security through federal—provincial agreements; and
That the Committee submit its final report no later than June 30, 2009; and
That the Committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
After debate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator De Bané, P.C., 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):
Report on the Operation of the Canadian Multiculturalism Act for the fiscal year ended March 31, 2007, pursuant to the Act, R.S.C. 1985, c. 24 (4th Supp.), s. 8.—Sessional Paper No. 2/39-405.
Report of the Canadian Nuclear Safety Commission for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/39-406.
Report of the Canadian Forces Personnel Support Agency for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/39-407.
Report of the Canadian Security Intelligence Service for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(5).—Sessional Paper No. 2/39-408.
Report of the Communications Security Establishment for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/39-409.
Report of the National Research Council of Canada for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/39-410.
Report of the Natural Sciences and Engineering Research Council for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/39-411.
Report of the Office of the Auditor General of Canada for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/39-412.
Report of the Office of the Superintendent of Financial Institutions Canada for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/39-413.
Report of the Statistical Survey Operations for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/39-414.
Report of the Social Sciences and Humanities Research Council for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3). —Sessional Paper No. 2/39-415.
Report of the Canadian Food Inspection Agency for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/39-416.
Report of the Canada Revenue Agency for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/39-417.
Report of the Parks Canada Agency for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/39-418.
Report of the Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/39-419.
Report on the administration of the Canadian Environmental Protection Act for the fiscal year ended March 31, 2005, pursuant to the Act, S.C. 1999, c. 33, sbs. 342(1).—Sessional Paper No. 2/39-420.
Report of the Northern Pipeline Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2007, pursuant to the Northern Pipeline Act, R.S.C. 1985, c. N-26, ss. 13 and 14.—Sessional Paper No. 2/39- 421.
Report on the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act for the fiscal year ended March 31, 2007, pursuant to the Act, S.C. 1988, c. 28, ss. 231 and 238.—Sessional Paper No. 2/39-422.
Report on the Canada—Newfoundland Atlantic Accord Implementation Act for the fiscal year ended March 31, 2007, pursuant to the Act, S.C. 1987, c. 3, s. 226.—Sessional Paper No. 2/39-423.
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 5:59 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Special Senate Committee on Anti-terrorism
The name of the Honourable Senator Tkachuk substituted for that of the Honourable Senator Segal (February 7).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Cowan substituted for that of the Honourable Senator Dawson (February 8).
The name of the Honourable Senator Dawson substituted for that of the Honourable Senator Cowan (February 11).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Mitchell (February 11).