Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 71
Tuesday, June 17, 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, Bryden, Callbeck, Campbell, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Grafstein, Gustafson, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Ringuette, Rivest, Robichaud, Segal, Sibbeston, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Brown, Bryden, Callbeck, Campbell, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, *Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, *Goldstein, Grafstein, Gustafson, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, *Prud'homme, Ringuette, Rivest, Robichaud, Segal, Sibbeston, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the Honourable Senator Gill, who will retire from the Senate on August 26, 2008.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey presented the following:
Tuesday, June 17, 2008
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
TENTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2008-2009.
Banking, Trade and Commerce (Legislation)
Professional and Other Services $ 28,000 Transportation and Communications — All Other Expenditures 8,000 TOTAL $ 36,000
Respectfully submitted,
GEORGE J. FUREY
Chair
With leave of the Senate,
The Honourable Senator Furey moved, seconded by the Honourable Senator Kenny, 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.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Gustafson:
That television cameras be authorized in the Senate Chamber to record the Royal Assent Ceremony on Wednesday, June 18, 2008, with the least possible disruption of the proceedings; and
That photographers also be authorized in the Senate Chamber to photograph the ceremony, with the least possible disruption of the proceedings.
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-60, An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another Act, 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 Nolin, 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.
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 17, 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.
With leave,
The Senate reverted to Introduction and First Reading of Senate Public Bills.
The Honourable Senator Hervieux-Payette, P.C., presented a Bill S-241, An Act to amend the Investment Canada Act (foreign investments).
The bill was read the first time.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Fraser, 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
Resuming debate on the motion of the Honourable Senator Stratton, seconded by the Honourable Senator Nolin, for the third 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.
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.
Second reading Bill C-60, An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another Act.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Gustafson, that the bill be read the second time.
Debate.
Ordered, that notwithstanding rule 13(1), the Speaker pro tempore leave the Chair at 6 p.m. to resume the same at 7 p.m.
The sitting resumed.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), 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 Nolin, 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.
A message was brought from the House of Commons with a Bill C-34, An Act to give effect to the Tsawwassen First Nation Final Agreement and to make consequential amendments to other Acts, 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 Oliver, 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.
Bills
The Senate resumed debate on the motion of the Honourable Senator Nolin, seconded by the Honourable Senator Gustafson, for the second reading Bill C-60, An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another Act.
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 Comeau moved, seconded by the Honourable Senator Di Nino, that the bill be referred to a Committee of the Whole presently.
The question being put on the motion, it was adopted.
COMMITTEE OF THE WHOLE
The Senate was accordingly adjourned during pleasure and put into a Committee of the Whole on the Bill C-60, An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another Act, the Honourable Senator Losier-Cool, in the Chair.
—In the Committee—
Pursuant to Rule 21, the Honourable Peter MacKay, P.C., M.P., Minister of National Defence, as well as Brigadier- General Ken Watkin, Judge Advocate General, and Lieutenant-Colonel Mike Gibson, were escorted to a seat in the Senate Chamber.
Debate.
With leave,
The Honourable Peter MacKay, P.C., tabled the following:
Letter of commitment from the Minister of National Defence to the Chair of the Standing Senate Committee on Legal and Constitutional Affairs concerning Bill C-60.—Sessional Paper No. 2/39-660S.
Documents entitled: Amendments to the National Defence Act (court martial) — Background and Amendment Highlights, from the Department of National Defence (June 2008); and Bill C-60, Clause by Clause Analysis (June 2008).—Sessional Paper No. 2/39-661S.
The title of the Bill was read and postponed.
Clause 1 of the Bill was read.
The question of concurrence being put on Clause 1 of the Bill, it was adopted.
Clause 2 of the Bill was read.
The question of concurrence being put on Clause 2 of the Bill, it was adopted.
Clause 3 of the Bill was read.
The question of concurrence being put on Clause 3 of the Bill, it was adopted.
Clause 4 of the Bill was read.
The question of concurrence being put on Clause 4 of the Bill, it was adopted.
Clause 5 of the Bill was read.
The question of concurrence being put on Clause 5 of the Bill, it was adopted.
Clause 6 of the Bill was read.
The question of concurrence being put on Clause 6 of the Bill, it was adopted.
Clause 7 of the Bill was read.
The question of concurrence being put on Clause 7 of the Bill, it was adopted.
Clause 8 of the Bill was read.
The question of concurrence being put on Clause 8 of the Bill, it was adopted.
Clause 9 of the Bill was read.
The question of concurrence being put on Clause 9 of the Bill, it was adopted.
Clause 10 of the Bill was read.
The question of concurrence being put on Clause 10 of the Bill, it was adopted.
Clause 11 of the Bill was read.
The question of concurrence being put on Clause 11 of the Bill, it was adopted.
Clause 12 of the Bill was read.
The question of concurrence being put on Clause 12 of the Bill, it was adopted.
Clause 13 of the Bill was read.
The question of concurrence being put on Clause 13 of the Bill, it was adopted.
Clause 14 of the Bill was read.
The question of concurrence being put on Clause 14 of the Bill, it was adopted.
Clause 15 of the Bill was read.
The question of concurrence being put on Clause 15 of the Bill, it was adopted.
Clause 16 of the Bill was read.
The question of concurrence being put on Clause 16 of the Bill, it was adopted.
Clause 17 of the Bill was read.
The question of concurrence being put on Clause 17 of the Bill, it was adopted.
Clause 18 of the Bill was read.
The question of concurrence being put on Clause 18 of the Bill, it was adopted.
Clause 19 of the Bill was read.
The question of concurrence being put on Clause 19 of the Bill, it was adopted.
Clause 20 of the Bill was read.
The question of concurrence being put on Clause 20 of the Bill, it was adopted.
Clause 21 of the Bill was read.
The question of concurrence being put on Clause 21 of the Bill, it was adopted.
Clause 22 of the Bill was read.
The question of concurrence being put on Clause 22 of the Bill, it was adopted.
Clause 23 of the Bill was read.
The question of concurrence being put on Clause 23 of the Bill, it was adopted.
Clause 24 of the Bill was read.
The question of concurrence being put on Clause 24 of the Bill, it was adopted.
Clause 25 of the Bill was read.
The question of concurrence being put on Clause 25 of the Bill, it was adopted.
Clause 26 of the Bill was read.
The question of concurrence being put on Clause 26 of the Bill, it was adopted.
Clause 27 of the Bill was read.
The question of concurrence being put on Clause 27 of the Bill, it was adopted.
Clause 28 of the Bill was read.
The question of concurrence being put on Clause 28 of the Bill, it was adopted.
Clause 29 of the Bill was read.
The question of concurrence being put on Clause 29 of the Bill, it was adopted.
Clause 30 of the Bill was read.
The question of concurrence being put on Clause 30 of the Bill, it was adopted.
Clause 31 of the Bill was read.
The question of concurrence being put on Clause 31 of the Bill, it was adopted.
Clause 32 of the Bill was read.
The question of concurrence being put on Clause 32 of the Bill, it was adopted.
The title of the Bill was again read.
The question of concurrence being put on the title of the Bill, it was adopted.
The question of concurrence being put on the Bill, it was adopted, on division.
The question of concurrence in the motion that the Chair report the Bill to the Senate without amendment being put, it was adopted.
The sitting of the Senate resumed.
The Chair of the Committee stated that the Committee had examined Bill C-60 and had directed her to report the same to the Senate, without amendment.
With leave of the Senate,
The Honourable Senator Nolin moved, seconded by the Honourable Senator Gustafson, that the bill be read the third time now.
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 have passed this bill, without amendment.
Bills
Third 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 Andreychuk, that the bill be read the third time.
After debate,
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.
Order No. 3 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
Third reading of Bill S-209, An Act to amend the Criminal Code (protection of children), as amended.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Fraser, that the bill, as amended, be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill, as amended, was then read the third time and passed, on division.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
Orders No. 2 to 7 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Day, for the second reading of Bill S-229, An Act to amend the Constitution Act, 1867 (Property qualifications of Senators).
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Milne, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 9 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Cook, for the second reading of Bill S-230, An Act to amend the Excise Tax Act (zero-rating of supply of cut fresh fruit).
After debate,
The Honourable Senator Comeau 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. 11 and 12 were called and postponed until the next sitting.
Second reading of Bill S-237, An Act respecting World Autism Awareness Day.
The Honourable Senator Munson moved, seconded by the Honourable Senator Mercer, that the bill be read the second time.
After debate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Chaput, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
At 12:00 midnight, pursuant to Rule 6(1), the Senate adjourned until 1:30 p.m. tomorrow.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Canada Post Corporation for the year ended December 31, 2007, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/39-658.
Reports of the Canada Lands Company Limited 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. 2/39-659.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Human Rights
The name of the Honourable Senator Di Nino substituted for that of the Honourable Senator Kinsella (June 16).
The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Di Nino (June 17).