57 Elizabeth II, A.D. 2008, Canada

Journals of the Senate

2nd Session, 39th Parliament

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Issue 50

Tuesday, April 15, 2008
2:00 p.m.

The Honourable Rose-Marie Losier-Cool, Speaker pro tempore

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Bacon, Banks, Biron, Brown, Campbell, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Fairbairn, Fortier, Fox, Fraser, Gill, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Pépin, Peterson, Phalen, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Bacon, Banks, Biron, Brown, Campbell, *Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Fairbairn, Fortier, Fox, Fraser, *Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, *Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, *Oliver, Pépin, Peterson, Phalen, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt

The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Losier-Cool, Speaker pro tempore, took the Chair, pursuant to rule 11.

The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Losier-Cool, Speaker pro tempore, took the Chair, pursuant to rule 11.

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Comeau tabled the following:

Government Response, dated February 29, 2008, to the sixth report of the Standing Senate Committee on Aboriginal Peoples entitled: Sharing Canada's Prosperity — A Hand Up, Not a Handout, tabled in the Senate on March 20, 2007. —Sessional Paper No. 2/39-533S.
(Pursuant to Rule 131(4), the report and the response were deemed referred to the Standing Senate Committee on Aboriginal Peoples.)

Government Response, dated April 14, 2008, to the eighth report of the Standing Senate Committee on Aboriginal Peoples entitled: Safe Drinking Water for First Nations, tabled in the Senate on May 31, 2007.—Sessional Paper No. 2/ 39-534S.
(Pursuant to Rule 131(4), the report and the response were deemed referred to the Standing Senate Committee on Aboriginal Peoples.)

Presentation of Reports from Standing or Special Committees

The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Human Rights, presented its seventh report (budget—study on the rights of children).

(The report is printed as appendix "A'' at pages 816-821 (available in print format PDF).)

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Di Nino, 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 Andreychuk, Chair of the Standing Senate Committee on Human Rights, presented its eighth report (budget—study on matrimonial real property on reserve).

(The report is printed as appendix "B'' at pages 822-827 (available in print format PDF).)

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Nolin, 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 Angus, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its sixth report (budget—study on the domestic and international financial system).

(The report is printed as appendix "C'' at pages 828-835 (available in print format PDF).)

The Honourable Senator Angus 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.

The Honourable Senator Bacon, Chair of the Standing Senate Committee on Transport and Communications, presented its fifth report (budget—study on the examination of containerized freight traffic).

(The report is printed as appendix "D'' at pages 836-841 (available in print format PDF).)

The Honourable Senator Bacon moved, seconded by the Honourable Senator Dallaire, 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 Fairbairn, P.C., Chair of the Standing Senate Committee on Agriculture and Forestry, presented its sixth report (budget—study on the present state and future of agriculture and forestry).

(The report is printed as appendix "E'' at pages 842-847 (available in print format PDF).)

The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Joyal, 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 Fairbairn, P.C., Chair of the Standing Senate Committee on Agriculture and Forestry, presented its seventh report (budget—study on rural poverty).

(The report is printed as appendix "F'' at pages 848-853 (available in print format PDF).)

The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Pépin, 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 Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its ninth report (budget—study on the Canada Elections Act and the Income Tax Act—power to hire staff).

(The report is printed as appendix "G'' at pages 854-859 (available in print format PDF).)

The Honourable Senator Fraser moved, seconded by the Honourable Senator Fox, 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 Joyal, P.C., Chair of the Standing Committee on the Conflict of Interest for Senators, presented its third report (budget—mandate pursuant to rule 86(1)(t) of the Rules of the Senate).

(The report is printed as appendix "H'' at pages 860-864 (available in print format PDF).)

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Bacon, 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 St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, presented its third report (budget—study on matters generally relating to the Aboriginal Peoples of Canada).

(The report is printed as appendix "I'' at pages 865-870 (available in print format PDF).)

The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Champagne, 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.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with a Bill C-31, An Act to amend the Judges Act, 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.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Grafstein presented a Bill S-233, An Act to amend the Library and Archives of Canada Act (National Portrait Gallery).

The bill was read the first time.

The Honourable Senator Grafstein moved, seconded by the Honourable Senator Joyal, P.C., 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

Inquiries

Order No. 1 was called and postponed until the next sitting.

Reports of Committees

Orders No. 1 and 2 were called and postponed until the next sitting.

Consideration of the sixth report of the Standing Senate Committee on Energy, the Environment and Natural Resources, entitled: The Canadian Environmental Protection Act (1999, c. 33) Rx: Strengthen and Apply Diligently, tabled in the Senate on March 4, 2008.

The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that the report be adopted.

The question being put on the motion, it was adopted.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 3 were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Spivak, seconded by the Honourable Senator Murray, P.C., for the second reading of Bill S-221, An Act concerning personal watercraft in navigable waters.

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 Stratton, that the bill be referred to the Standing Senate Committee on Transport and Communications.

The question being put on the motion, it was adopted.

Orders No. 5 and 6 were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Corbin, for the second reading 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.

After debate,

The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Orders No. 8 to 11 were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Harb, seconded by the Honourable Senator Adams, for the second reading of Bill S-222, An Act to establish and maintain a national registry of medical devices.

After debate,

The question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

Adams, Bacon, Banks, Campbell, Chaput, Cook, Cools, Corbin, Cordy, Dawson, Day, De Bané, Downe, Eggleton, Fraser, Gill, Hubley, Jaffer, Joyal, Lovelace Nicholas, Mahovlich, McCoy, Mercer, Mitchell, Moore, Pépin, Peterson, Phalen, Ringuette, Robichaud, Rompkey, Stollery, Watt—33

NAYS

The Honourable Senators

Andreychuk, Angus, Brown, Champagne, Cochrane, Comeau, Di Nino, Gustafson, Johnson, Keon, Meighen, Murray, Nancy Ruth, Nolin, Prud'homme, St. Germain , Stratton, Tkachuk—18

ABSTENTIONS

The Honourable Senators

Nil

Accordingly, Bill S-222 was read the second time.

The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

The question being put on the motion, it was adopted.

Order No. 13 was called and postponed until the next sitting.

Commons Public Bills

Third 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 Banks moved, seconded by the Honourable Senator Day, 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 a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.

Orders No. 2 to 6 were called and postponed until the next sitting.

Reports of Committees

Consideration of the fifth report of the Standing Senate Committee on Foreign Affairs and International Trade (budget—study on foreign relations in general), presented in the Senate on April 10, 2008.

The Honourable Senator Di Nino moved, seconded by the Honourable Senator Andreychuk, that the report be adopted.

The question being put on the motion, it was adopted.

Orders No. 2 to 10 were called and postponed until the next sitting.

Other

Order No. 62 (motion) was called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Nolin:

That the seventh report of the Standing Senate Committee on Foreign Affairs and International Trade entitled Overcoming 40 Years Of Failure: A New Road Map For Sub-Saharan Africa, tabled in the Senate on February 15, 2007, during the First Session of the Thirty-ninth Parliament, be placed on the Orders of the Day for consideration at the next sitting of the Senate.

After debate,

The Honourable Senator Cools moved, seconded by the Honourable Senator McCoy, that the question now before the Senate be referred to the Standing Senate Committee on Foreign Affairs and International Trade for study and report.

After debate,

A point of order was raised with respect to a Speaker's Ruling.

After debate,

The Speaker pro tempore reserved her decision.

The Senate resumed debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Nolin:

That the seventh report of the Standing Senate Committee on Foreign Affairs and International Trade entitled Overcoming 40 Years Of Failure: A New Road Map For Sub-Saharan Africa, tabled in the Senate on February 15, 2007, during the First Session of the Thirty-ninth Parliament, be placed on the Orders of the Day for consideration at the next sitting of the Senate;

And on the motion of the Honourable Senator Cools, seconded by the Honourable Senator McCoy, that the question now before the Senate be referred to the Standing Senate Committee on Foreign Affairs and International Trade for examination and report.

After debate,

The Honourable Senator Di Nino moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Orders No. 79 (motion), 8 (inquiry), 78 (motion), 10, 4, 13, 12, 9, 3, 7 (inquiries), 11 (motion), 11 (inquiry), 6, 88, 68, 3 and 69 (motions) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Keon:

That the Senate call upon the Government of Canada to engage in negotiations with the European Union towards a free trade agreement, in order to encourage investment, free movement of people and capital.

After debate,

The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

MOTIONS

The Honourable Senator Meighen moved, seconded by the Honourable Senator Johnson:

That the Senate urge the Government of Canada to take appropriate steps to end the long and unjust delay in recognition of Bomber Command service and sacrifice by Canadians in the liberation of Europe during the Second World War.

After debate,

The Honourable Senator Stratton 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.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Summary of the amended Corporate Plan for 2007-2008 to 2011-2012 and the Operating and Capital Budgets for 2007-2008 of the Canada Lands Company Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 2/39-530.

Reports of the Royal Canadian Mounted Police (RCMP) 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. 2/39-531.

Report on Human Resources Management in the Public Service of Canada for the fiscal year ended March 31, 2006, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 12.4(1) and to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "28'' and 13.—Sessional Paper No. 2/39-532.

ADJOURNMENT

The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 5:29 p.m. the Senate was continued until 1:30 p.m. tomorrow.)

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Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Banking, Trade and Commerce

The name of the Honourable Senator Massicotte substituted for that of the Honourable Senator Dawson (April 10).

The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Meighen (April 15).

Standing Committee on Internal Economy, Budgets and Administration

The name of the Honourable Senator Massicotte substituted for that of the Honourable Senator Dawson (April 10).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Milne substituted for that of the Honourable Senator Grafstein (April 10).

The name of the Honourable Senator Gustafson substituted for that of the Honourable Senator Oliver (April 15).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Phalen removed from the membership (April 10).

The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Oliver (April 15).

Standing Senate Committee on Aboriginal Peoples

The name of the Honourable Senator Tkachuk substituted for that of the Honourable Senator Segal (April 14).

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