Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 37
Thursday, February 28, 2008
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Baker, Banks, Biron, Brown, Bryden, Callbeck, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Furey, Grafstein, Gustafson, Hervieux-Payette, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Pitfield, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Baker, Banks, Biron, Brown, Bryden, Callbeck, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Furey, *Goldstein, Grafstein, Gustafson, Hervieux-Payette, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Pitfield, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
February 28, 2008
Mr. Speaker:
I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, will proceed to the Senate Chamber today, the 28th day of February, 2008, at 3:30 p.m. for the purpose of giving Royal Assent to certain bills of law.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
SENATORS' STATEMENTS
Tributes
Tribute was paid to the memory of the Honourable Jacques Hébert, P.C., former Senator, whose death occurred December 6, 2007.
The Senate observed a minute of silence.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
2008-2009 Estimates, Parts I and II: The Government Expense Plan and Main Estimates.—Sessional Paper No. 2/ 39-461.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, tabled its fifth report (subject-matter of Bill S-208, An Act to require the Minister of the Environment to establish, in co-operation with the provinces, an agency with the power to identify and protect Canada's watersheds that will constitute sources of drinking water in the future).—Sessional Paper No. 2/39-462S.
The Honourable Senator Banks moved, seconded by the Honourable Senator Callbeck, 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.
The Honourable Senator Furey, Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented its fourth report (Senate Estimates 2008-2009).
(The report is printed as an appendix.)
The Honourable Senator Furey moved, seconded by the Honourable Senator Robichaud, P.C., 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.
The Honourable Senator Di Nino, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its third report (Bill C-9, An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention), without amendment).
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Nolin, 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 Fairbairn, P.C., Chair of the Standing Senate Committee on Agriculture and Forestry, presented its fifth report (Bill C-44, An Act to amend the Agricultural Marketing Programs Act, without amendment).
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that the bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Estimates for the fiscal year ending March 31, 2009, with the exception of Parliament Vote 15.
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 Stratton:
That the Standing Joint Committee on the Library of Parliament be authorized to examine the expenditures set out in Parliament Vote 15 of the Estimates for the fiscal year ending March 31, 2009; and
That a message be sent to the House of Commons to acquaint that House accordingly.
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-343, An Act to amend the Criminal Code (motor vehicle theft), 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 Stratton, 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 and 2 were called and postponed until the next sitting.
Third reading of Bill C-44, An Act to amend the Agricultural Marketing Programs Act.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that the bill be read the third time.
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.
Motions
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Tkachuk:
That a message be sent to the House of Commons to acquaint that House that:
Whereas Canadians deserve streets that are safe from violent criminals, impaired drivers and sexual predators, the Senate intends to pass C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts by March 1, 2008.
After debate,
With leave of the Senate and pursuant to rule 30, the motion was withdrawn.
OTHER BUSINESS
Ordered, That Order No. 80 (motion) under Other be brought forward.
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Cowan:
That, notwithstanding the order of the Senate adopted on November 1, 2007, the date for the presentation of the final report by the Special Senate Committee on Aging, on the implications of an aging society in Canada, be extended from March 31, 2008, to September 30, 2008 and that the committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
The question being put on the motion, it was adopted.
Ordered, That Motion No. 87 standing in the name of the Honourable Senator Fraser on the Notice Paper be brought forward.
MOTIONS
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Di Nino:
That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to undertake a comprehensive review of the amendments made by An Act to amend the Canada Elections Act and the Income Tax Act (S.C. 2004, c. 24); and
That the committee submit its final report no later than May 11, 2008.
The question being put on the motion, it was adopted.
Ordered, That Order No. 2 under ORDERS OF THE DAY, OTHER BUSINESS, Senate Public Bills, be brought forward.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Callbeck, for the second reading of Bill S-210, An Act to amend the Criminal Code (suicide bombings).
After debate,
The Honourable Senator McCoy moved, seconded by the Honourable Senator Cools, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived, on division.
The Senate resumed debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Callbeck, for the second reading of Bill S-210, An Act to amend the Criminal Code (suicide bombings).
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 Grafstein moved, seconded by the Honourable Senator Bryden, 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.
Ordered, That all remaining items on the Order Paper and Notice Paper be postponed until the next sitting.
Ordered, That the Senate adjourn at pleasure to reassemble at 3:30 p.m.
(Accordingly, at 3:19 p.m. the Senate adjourned at pleasure.)
At 3:36 p.m., the sitting resumed.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of Her Excellency the Governor General.
After awhile, Her Excellency the Governor General, having come and being seated at the foot of the Throne.
The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:
"It is the pleasure of Her Excellency the Governor General that they attend her immediately in the Senate Chamber.''
The House of Commons being come,
One of the Clerks at the Table then read the title of the bills to be assented to as follows:
An Act to amend the Canada Transportation Act (railway transportation) (Bill C-8, Chapter 5, 2008)
An Act to amend the Criminal Code and to make consequential amendments to other Acts (Bill C-2, Chapter 6, 2008)
An Act to amend the Agricultural Marketing Programs Act (Bill C-44, Chapter 7, 2008)
To these bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, Her Excellency the Governor General doth assent to these bills.''
3:47 p.m.
The Commons withdrew.
After which Her Excellency the Governor General was pleased to retire.
At 3:48, the sitting resumed.
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 Di Nino:
That when the Senate adjourns today, it do stand adjourned until Tuesday, March 4, 2008, 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):
Amendments to the summaries of the Corporate Plan for the period 2007-2008 to 2011-2012 and of the Capital and Operating Budgets for 2007-2008 of the Canadian Air Transport Security Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-457.
Summaries of the Corporate Plan and of the Operating and Capital budgets for 2006-2007 of the Cape Breton Growth Fund Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-458.
Summaries of the Corporate Plan and of the Operating and Capital budgets for 2007-2008 of the Cape Breton Growth Fund Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-459.
Summaries of the Corporate Plan for 2007-2008 to 2011-2012 and of the Capital and Operating Budgets for 2007- 2008 of the Enterprise Cape Breton Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-460.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:50 p.m. the Senate was continued until Tuesday, March 4, 2008, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Meighen (February 27).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Kenny substituted for that of the Honourable Senator Downe (February 27).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Banks (February 27).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Phalen substituted for that of the Honourable Senator Spivak (February 27).
Special Senate Committee on Anti-terrorism
The names of the Honourable Senators Segal and Tkachuk substituted for those of the Honourable Senators Tkachuk and Segal (February 28).
Standing Senate Committee on Foreign Affairs and International Trade
The name of the Honourable Senator Smith substituted for that of the Honourable Senator Trenholme Counsell (February 28).
Standing Senate Committee on Human Rights
The names of the Honourable Senators Stratton and Andreychuk substituted for those of the Honourable Senators Andreychuk and Stratton (February 28).
Standing Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator Bacon substituted for that of the Honourable Senator Massicotte (February 28).
Standing Senate Committee on Official Languages
The name of the Honourable Senator Keon substituted for that of the Honourable Senator Champagne (February 28).