Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 52
Thursday, April 17, 2008
1:30 p.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Banks, Biron, Callbeck, Campbell, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Day, De Bané, Di Nino, Downe, Eggleton, Fairbairn, Fortier, Fox, Fraser, Gill, Goldstein, Grafstein, Gustafson, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Keon, LeBreton, Losier-Cool, Lovelace Nicholas, Massicotte, McCoy, Meighen, Mercer, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Pépin, Peterson, Phalen, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Smith, Stratton, Tardif, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Banks, Biron, Callbeck, Campbell, *Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Day, De Bané, Di Nino, Downe, Eggleton, Fairbairn, Fortier, Fox, Fraser, *Furey, Gill, Goldstein, Grafstein, Gustafson, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Keon, LeBreton, Losier-Cool, Lovelace Nicholas, Massicotte, McCoy, Meighen, Mercer, *Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, *Oliver, Pépin, Peterson, Phalen, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Smith, Stratton, Tardif, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Stratton presented the following:
Thursday, April 17, 2008
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SIXTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2008-2009.
Energy, Environment and Natural Resources (Legislation)
Professional and Other Services $ 12,000 Transportation and Communications 500 All Other Expenditures 2,500 TOTAL $ 15,000
National Finance (Legislation)
Professional and Other Services $ 36,000 Transportation and Communications 21,360 All Other Expenditures 5,000 TOTAL $ 62,360
(includes funds for participation at conferences)
Social Affairs, Science and Technology (Legislation)
Professional and Other Services $ 4,000 Transportation and Communications — All Other Expenditures — TOTAL $ 4,000
Respectfully submitted,
TERRY STRATTON
Deputy Chair
The Honourable Senator Stratton 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 Andreychuk, Chair of the Standing Senate Committee on Human Rights, presented its ninth report (budget—study on human rights obligations).
(The report is printed as appendix "A'' at pages 896-903 (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 tenth report (budget—study on the federal public service—power to travel).
(The report is printed as appendix "B'' at pages 904-917 (available in print format PDF).)
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Keon, 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 Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its eighth report (budget—study on emerging issues related to its mandate—power hire staff and to travel).
(The report is printed as appendix "C'' at pages 918-927 (available in print format PDF).)
With leave of the Senate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Dallaire, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Chaput, Chair of the Standing Senate Committee on Official Languages, presented its third report (budget—study on the Official Languages Act—power to hire staff and to travel).
(The report is printed as appendix "D'' at pages 928-937 (available in print format PDF).)
With leave of the Senate,
The Honourable Senator Chaput moved, seconded by the Honourable Senator Hubley, that the report be placed on the Orders of the Day for consideration later this day.
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 sixth report (budget—study on China, India and Russia—power to travel).
(The report is printed as appendix "E'' at pages 938-947 (available in print format PDF).)
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Comeau, 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 Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its twelfth report (Bill S-204, An Act respecting a National Philanthropy Day, without amendment).
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Fox, P.C., 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 Keon, Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its thirteenth report (budget—study on population health—power to travel).
(The report is printed as appendix "F'' at pages 948-963 (available in print format PDF).)
With leave of the Senate,
The Honourable Senator Keon moved, seconded by the Honourable Senator Di Nino, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its fourteenth report (budget—study on cities—power to travel).
(The report is printed as appendix "G'' at pages 964-979 (available in print format PDF).)
With leave of the Senate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Smith, P.C., that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its fifteenth report (budget—study on early learning).
(The report is printed as appendix "H'' at pages 980-985 (available in print format PDF).)
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Adams, 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 tenth report (Bill S-210, An Act to amend the Criminal Code (suicide bombings), without amendment).
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Fraser, 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 Rompkey, P.C., Chair of the Standing Senate Committee on Fisheries and Oceans, presented its third report (budget—study on policy framework for managing Canada's fisheries and oceans).
(The report is printed as appendix "I'' at pages 986-997 (available in print format PDF).)
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Cordy, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-31, An Act to amend the Judges Act.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Andreychuk, that the bill be read the second time.
After debate,
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Stollery, for the second reading of Bill S-212, An Act to amend the Parliamentary Employment and Staff Relations Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that the bill be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
The question being put on the motion, it was adopted.
Orders No. 6 to 12 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Second reading of Bill C-307, An Act respecting bis(2-ethylhexyl)phthalate, benzyl butyl phthalate and dibutyl phthalate.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Di Nino, that the bill be read the second time.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cook, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
WRITTEN DECLARATION OF ROYAL ASSENT
At 3:30 p.m. the Honourable the Speaker pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
April 17, 2008
Mr. Speaker:
I have the honour to inform you that the Honourable Marshall Rothstein, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 17th day of April, 2008, at 3:01 p.m.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, April 17, 2008
An Act to amend the Criminal Code (cruelty to animals) (Bill S-203, Chapter 12, 2008)
An Act to add perfluorooctane sulfonate (PFOS) and its salts to the Virtual Elimination List under the Canadian Environmental Protection Act, 1999 (Bill C-298, Chapter 13, 2008)
An Act to amend the Citizenship Act (Bill C-37, Chapter 14, 2008)
An Act to amend the Canada Labour Code, the Canada Student Financial Assistance Act, the Canada Student Loans Act and the Public Service Employment Act (Bill C-40, Chapter 15, 2008)
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the seventh report of the Standing Senate Committee on Human Rights (budget—study on the rights of children), presented in the Senate on April 15, 2008.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Comeau, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the eighth report of the Standing Senate Committee on Human Rights (budget—study on matrimonial real property on reserve), presented in the Senate on April 15, 2008.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Johnson, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 4 and 5 were called and postponed until the next sitting.
Consideration of the fifth report of the Standing Committee on Rules, Procedures and the Rights of Parliament (use of Aboriginal languages in the Senate Chamber), presented in the Senate on April 9, 2008.
The Honourable Senator Keon moved, seconded by the Honourable Senator Di Nino, that the report be adopted.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Banks, for the adoption of the eleventh report of the Standing Senate Committee on National Finance (Bill S-219, An Act to amend the Public Service Employment Act (elimination of bureaucratic patronage and establishment of national area of selection), with an amendment), presented in the Senate on April 3, 2008.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Ringuette moved, seconded by the Honourable Senator De Bané, P.C., 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.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons in the following words:
Thursday, April 17, 2008
ORDERED,—That, a message be sent to the Senate to acquaint their Honours that this House:
agrees with amendments numbered 2, 4, 5 and 6 made by the Senate to Bill C-13, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments); but
disagrees with amendment numbered 1 because it would place an undue burden on judges and does not take into consideration provincial and territorial practices that are currently in place to ensure that accused persons are informed of their language rights; and
disagrees with amendment numbered 3 because the Minister of Justice would be unable to comply with the statutory duty imposed by the amendment as provinces and territories do not keep statistics to report on the operation of the language of trial provisions.
ATTEST:
AUDREY O'BRIEN,
The Clerk of the House of Commons
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that the message be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Orders No. 8 to 10 were called and postponed until the next sitting.
Consideration of the eighth report of the Standing Senate Committee on Energy, the Environment and Natural Resources, (budget—study on emerging issues related to its mandate—power to hire staff and to travel), presented in the Senate earlier this day.
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.
Consideration of the third 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 earlier this day.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Hubley, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the thirteenth report of the Standing Senate Committee on Social Affairs, Science and Technology, (budget—study on population health—power to travel), presented in the Senate earlier this day.
The Honourable Senator Keon moved, seconded by the Honourable Senator Andreychuk, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fourteenth report of the Standing Senate Committee on Social Affairs, Science and Technology, (budget—study on cities—power to travel), presented in the Senate earlier this day.
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator De Bané, P.C., 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 Fisheries and Oceans (budget—study on policy framework for managing Canada's fisheries and oceans), presented in the Senate earlier this day.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Cook, that the report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 79 (motion), 8 (inquiry), 78 (motion), 10, 4, 13, 12, 9, 3, 7 (inquiries), 11 (motion), 11 (inquiry), 6, 88, 68, 3, 69, 76 and 85 (motions) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Di Nino:
That, notwithstanding the order adopted by the Senate on November 21, 2007 authorizing the Standing Senate Committee on Human Rights 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, the committee be further authorized to examine labour market outcomes for minority groups in the private sector and to include this information in its final report to the Senate that is to be submitted no later than December 31, 2008.
The question being put on the motion, it was adopted.
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 Nolin:
That when the Senate adjourns today, it do stand adjourned until Tuesday, April 29, 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):
Report of the Atlantic Pilotage Authority, together with the Auditor General's Report, for the year 2007, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 2/39-538.
Report of the Great Lakes Pilotage Authority, together with the Auditor General's Report, for the year 2007, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 2/39-539.
Report of the Pacific Pilotage Authority, together with the Auditor General's Report, for the year 2007, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 2/39-540.
Report of the Canada Development Investment Corporation (including Canada Hibernia Holding Corporation and Canada Eldor Inc.), together with the Auditor General's Report, for the year ended December 31, 2007, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/39- 541.
Report of the Chicken Farmers of Canada, together with the Auditors' Report, for the year ended December 31, 2007, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/39- 542.
Report of the Canadian Egg Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2007, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/ 39-543.
Report of the Canadian Turkey Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2007, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/39-544.
Report of the Canadian Hatching Egg Producers, together with the Auditors' Report, for the year ended December 31, 2007, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/ 39-545.
Report of Farm Credit Canada for the fiscal year ended March 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/39-546.
Report on operations under the Cultural Property Export and Import Act for the fiscal year ended March 31, 2007, pursuant to the Cultural Property Export and Import Act, R.S.C. 1985, c. C-51, s. 52.—Sessional Paper No. 2/39-547.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:27 p.m. the Senate was continued until Tuesday, April 29, 2008, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Kenny substituted for that of the Honourable Senator Downe (April 16).
Standing Senate Committee on Aboriginal Peoples
The names of the Honourable Senators Cowan and Nolin substituted for those of the Honourable Senators Dallaire and Gustafson (April 16).
The names of the Honourable Senators Gustafson and Dallaire substituted for those of the Honourable Senators Nolin and Cowan (April 17).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Johnson, Meighen and Banks substituted for those of the Honourable Senators Eyton, Nolin and Moore (April 17).
Standing Senate Committee on Fisheries and Oceans
The names of the Honourable Senators Meighen and Cook substituted for those of the Honourable Senators Eyton and Campbell (April 17).
Standing Senate Committee on Foreign Affairs and International Trade
The name of the Honourable Senator Dawson substituted for that of the Honourable Senator Peterson (April 17).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Robichaud substituted for that of the Honourable Senator Merchant (April 16).
The name of the Honourable Senator Cowan added to the membership (April 16).
The names of the Honourable Senators Oliver, Milne, Merchant and Moore substituted for those of the Honourable Senators Gustafson, Grafstein, Robichaud and Milne (April 17).
The name of the Honourable Senator Cowan removed from the membership (April 17).
Standing Senate Committee on National Finance
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Mitchell (April 17).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Mercer (April 17).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Nolin (April 17).