Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 67
Tuesday, June 10, 2008
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Banks, Biron, Brown, Callbeck, Campbell, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Corbin, Cordy, Dawson, Day, Di Nino, Dyck, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Hervieux-Payette, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Ringuette, Rivest, Robichaud, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Banks, Biron, Brown, Callbeck, Campbell, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Corbin, Cordy, Dawson, Day, Di Nino, *Downe, Dyck, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Hervieux-Payette, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Ringuette, Rivest, Robichaud, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
The Senate observed a minute of silence in memory of Captain Jonathan (Jon) Sutherland Snyder, whose tragic death occurred on the weekend while serving his country in Afghanistan.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon, Chair of the Standing Senate Committee on Transport and Communications, tabled its seventh report entitled: Time for a New National Vision — Opportunities and Constraints for Canada in the Global Movement of Goods. —Sessional Paper No. 2/39-630S.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Kenny, 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 presented the following:
Tuesday, June 10, 2008
The Standing Senate Committee on Human Rights has the honour to present its
ELEVENTH REPORT
Your Committee, to which was referred Bill C-280, An Act to Amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171), has, in obedience to the Order of Reference of Tuesday, March 4, 2008, examined the said Bill and now reports the same with the following amendment:
Clause 1, page 1:
(a) Replace line 9 with the following:
"and 171 come into force one year after the day on which a'';
(b) Add after line 14 with the following:
"(3) For greater certainty, a decision made before the coming into force of section 110 by the Refugee Protection Division or the Convention Refugee Determination Division is not subject to an appeal under that section.
(4) Despite subsection (3), an appeal may be taken under section 110 against a decision that was made by the Refugee Protection Division before the coming into force of that section and that is referred back to it by the Federal Court after the coming into force of that section.''.
Respectfully submitted,
A. RAYNELL ANDREYCHUK
Chair
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 Meighen presented the following:
Tuesday, June 10, 2008
The Standing Senate Committee on National Security and Defence has the honour to present its
SEVENTH REPORT
Your committee, to which was referred Bill C-287, An Act respecting a National Peacekeepers' Day, has, in obedience to the Order of Reference of Tuesday, February 26, 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,
MICHAEL A. MEIGHEN
For Colin Kenny, Chair of the committee
Observations Appended to the Seventh Report of the Standing Senate Committee on National Security and Defence
Your committee notes that the purpose of National Peacekeepers' Day is to acknowledge the past, present, and future efforts of Canadian peacekeepers and all Canadians who work for peace.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Johnson, 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 Meighen, for the Honourable Senator Kenny, Chair of the Standing Senate Committee on National Security and Defence, presented its eighth report (budget—study on veterans affairs).
(The report is printed as an appendix at pages 1256-1265 (available in print format PDF).)
The Honourable Senator Meighen moved, seconded by the Honourable Senator Johnson, 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 Kenny, Chair of the Standing Senate Committee on National Security and Defence, tabled its ninth report (interim) entitled: How Are We Doing in Afghanistan? Canadians Need to Know.—Sessional Paper No. 2/39-631S.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Day, 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-58, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2009, 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 Di Nino, 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.
A message was brought from the House of Commons with a Bill C-59, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2009, 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 Di Nino, 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.
A message was brought from the House of Commons with a Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, 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 Di Nino, 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Munson presented a Bill S-237, An Act respecting World Autism Awareness Day.
The bill was read the first time.
The Honourable Senator Munson moved, seconded by the Honourable Senator Chaput, 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.
The Honourable Senator Campbell presented a Bill S-238, An Act respecting Canadian professional football.
The bill was read the first time.
The Honourable Senator Campbell moved, seconded by the Honourable Senator Trenholme Counsell, 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-377, An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Bacon tabled the following:
Report of the Canadian Section of the Canada-France Inter-Parliamentary Association respecting its participation at the Meeting of the Standing Committee, held in Paris, France, from March 6 to 10, 2008.—Sessional Paper No. 2/ 39-632.
Notices of Motions
With leave of the Senate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Day:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit at 5:30 p.m., today, Tuesday, June 10, 2008, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
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. 20, dated December 12, 2007, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Mitchell, respecting Bill C-15.—Sessional Paper No. 2/39-633S.
Reply to Question No. 29, dated February 28, 2008, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting Veterans Affairs Canada. —Sessional Paper No. 2/39-634S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-58, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2009.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Tkachuk, 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 Stratton moved, seconded by the Honourable Senator Tkachuk, 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.
Second reading of Bill C-59, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2009.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Tkachuk, 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 Stratton 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.
Second reading of Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Nolin, that the bill be read the second time.
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 Stratton moved, seconded by the Honourable Senator Gustafson, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the fourteenth report of the Standing Senate Committee on National Finance (Supplementary Estimates (A) 2008-2009), presented in the Senate on June 3, 2008.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the fifteenth report (interim) of the Standing Senate Committee on National Finance (Estimates 2008-2009), presented in the Senate on June 4, 2008.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That the Standing Senate Committee on National Finance have power to sit from Monday, June 9, 2008 to Friday, June 13, 2008, 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.
Reports of Committees
Consideration of the thirteenth report of the Standing Senate Committee on National Finance, entitled: The Officers and Agents of Parliament created or modified under the Federal Accountability Act, presented in the Senate on May 28, 2008.
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Second reading of Bill C-33, An Act to amend the Canadian Environmental Protection Act, 1999.
The Honourable Senator Brown moved, seconded by the Honourable Senator Nancy Ruth, that the bill be read the second time.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, 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-21, An Act to amend the Canadian Human Rights Act.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Stratton, that the bill be read the second time.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Lovelace Nicholas, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 5 was called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., for the third reading of Bill S-210, An Act to amend the Criminal Code (suicide bombings).
After debate,
The Honourable Senator Comeau, for the Honourable Senator Prud'homme, P.C., 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.
Orders No. 2 and 3 were called and postponed until the next sitting.
With leave,
The Senate reverted to Notices of Motions.
With leave of the Senate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Gustafson:
That the Standing Senate Committee on Foreign Affairs and International Trade have the power to sit at 5:30 p.m., today, Tuesday, June 10, 2008, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills
Orders No. 4 to 9 were called and postponed until the next sitting.
Ordered, That notwithstanding rule 27(3), Order No. 10 (Bill S-231) remain on the Order Paper for another fifteen consecutive sitting days.
Order No. 11 was called and postponed until the next sitting.
Second reading of Bill S-236, An Act to amend the Financial Administration Act (borrowing of money).
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Segal, that the bill be read the second time.
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Champagne, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That Order No. 2 under GOVERNMENT BUSINESS, Bills, be again called.
Third reading of Bill C-23, An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Segal, that the bill be read the third time.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, 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 and 2 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the sixth report of the Standing Senate Committee on National Security and Defence (budget—release of additional funds (study on the national security policy)), presented in the Senate on May 29, 2008.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Moore, that the report be adopted.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Tkachuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
Consideration of the eighth report of the Standing Committee on Internal Economy, Budgets and Administration (committee budget—legislation), presented in the Senate on May 29, 2008.
The Honourable Senator Cook moved, seconded by the Honourable Senator Cordy, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the ninth report of the Standing Committee on Internal Economy, Budgets and Administration (economic increase), presented in the Senate on May 29, 2008.
The Honourable Senator Cook moved, seconded by the Honourable Senator Fraser, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 5 to 9 were called and postponed until the next sitting.
Other
Orders No. 16, 12, 9 and 3 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Dallaire, seconded by the Honourable Senator Day:
That the Senate call on the Government of Canada to negotiate with the Government of the United States of America the immediate repatriation to Canada of Canadian citizen and former child soldier Omar Khadr from the Guantánamo Bay detention facility;
That the Senate urge the Government of Canada to undertake all necessary measures to promote his rehabilitation, in accordance with this country's international obligations on child rights in armed conflicts, namely the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict; and
That a message be sent to the House of Commons to acquaint that House with the above.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy, 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):
Reports of the Pacific Pilotage Authority for the fiscal year ended March 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 2/39-626.
Report on the administration of the Atlantic Fisheries Restructuring Act for the fiscal year ended March 31, 2008, pursuant to the Atlantic Fisheries Restructuring Act, R.S.C. 1985, c. A-14, sbs. 8(1).—Sessional Paper No. 2/39-627.
Reports of the Pension Appeals Board for the fiscal year ended March 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 2/39-628.
Report of the Roosevelt Campobello International Park Commission, together with the Auditors' Report, for the year ended December 31, 2007, pursuant to the Roosevelt Campobello International Park Commission Act, S.C. 1964- 65, c. 19, s. 7. —Sessional Paper No. 2/39-629.
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 6:36 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Human Rights
The names of the Honourable Senators Stratton, Cowan, Dallaire and Cowan substituted for those of the Honourable Senators Di Nino, Dallaire, Cowan and Dallaire (June 9).
The names of the Honourable Senators Kinsella and Dallaire substituted for those of the Honourable Senators Stratton and Cowan (June 10).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Dawson substituted for that of the Honourable Senator Downe (June 9).
The name of the Honourable Senator Downe substituted for that of the Honourable Senator Dawson (June 10).