Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
1st Session, 40th Parliament
Issue 4
Tuesday, November 25, 2008
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Bacon, Baker, Banks, Brown, Callbeck, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fox, Fraser, Furey, Goldstein, Grafstein, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Ringuette, Robichaud, Rompkey, Segal, Sibbeston, Smith, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, *Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brown, Callbeck, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fox, Fraser, Furey, Goldstein, Grafstein, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Ringuette, Robichaud, Rompkey, Segal, Sibbeston, Smith, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
The first list records senators present in the Senate Chamber during the course of the sitting.
An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
With leave of the Senate,
The Honourable Senator Kinsella tabled the following:
Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, concerning its visit to France from May 16 to 21, 2008.—Sessional Paper No. 1/40-28S.
° ° °
The Honourable the Speaker tabled the following:
Report of the Office of the Auditor General of Canada for the fiscal year ended March 31, 2008, pursuant to the Access to Information Act, R.S.C., 1985, c. A-1, s. 72 and the Privacy Act, R.S.C., 1985, c. P-21, s. 72.—Sessional Paper No. 1/40-29.
° ° °
The Honourable Senator Comeau tabled the following:
Supplementary Estimates (B) 2008-2009.—Sessional Paper No. 1/40-30.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Tkachuk presented the following:
Tuesday, November 25, 2008
The Committee of Selection has the honour to present its
FIRST REPORT
Pursuant to rules 85(1)(a) and 85(2) of the Rules of the Senate, your committee wishes to inform the Senate that it nominates the Honourable Senator Losier-Cool as Speaker pro tempore.
Respectfully submitted,
DAVID TKACHUK
Chair
The Honourable Senator Tkachuk 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon:
That, for the remainder of the current session,
(a) when the Senate sits on a Wednesday or a Thursday, it shall sit at 1:30 p.m. notwithstanding rule 5(1)(a);
(b) when the Senate sits on a Wednesday, it stand adjourned at 4 p.m., unless it has been suspended for the purpose of taking a deferred vote or has earlier adjourned; and
(c) when a vote is deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings, immediately prior to any adjournment but no later than 4 p.m., to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and that committees be authorized to meet during the period that the sitting is suspended.
The question being put on the motion, it was adopted.
° ° °
Consideration of Her Excellency the Governor General's Speech from the Throne at the Opening of the First Session of the Fortieth Parliament.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Champagne, P.C.:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Michaëlle Jean, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Second reading of Bill S-201, An Act to amend the Bankruptcy and Insolvency Act (student loans).
The Honourable Senator Goldstein moved, seconded by the Honourable Senator Lovelace Nicholas, that the bill be read the second time.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nancy Ruth, 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 S-202, An Act respecting commercial electronic messages.
The Honourable Senator Goldstein moved, seconded by the Honourable Senator Cordy, that the bill be read the second time.
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.
° ° °
Order No. 3 was called and postponed until the next sitting.
° ° °
Second reading of Bill S-204, An Act to amend the Library and Archives of Canada Act (National Portrait Gallery).
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Fairbairn, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Segal 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.
° ° °
Orders No. 5 to 11 were called and postponed until the next sitting.
Second reading of Bill S-212, An Act to amend the Constitution Act, 1867 (Property qualifications of Senators).
The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, that the bill be read the second time.
After debate,
The Honourable Senator Tkachuk 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.
° ° °
Second reading of Bill S-213, An Act respecting World Autism Awareness Day.
The Honourable Senator Munson moved, seconded by the Honourable Senator Hubley, that the bill be read the second time.
After debate,
The Honourable Senator Keon moved, seconded by the Honourable Senator Oliver, 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 Banks moved, seconded by the Honourable Senator Moore:
That,
Whereas, in the 1st Session of the 40th Parliament, a bill has been introduced in the Senate to amend the Constitution of Canada by repealing the provision that requires that a person, in order to qualify for appointment to the Senate and to maintain their place in the Senate after being appointed, own land with a net worth of at least four thousand dollars within the province for which he or she is appointed;
Whereas a related provision of the Constitution makes reference, in respect of the province of Quebec, to the real property qualification that is proposed to be repealed;
Whereas, in respect of a Senator who represents Quebec, the real property qualification must be had in the electoral division for which the Senator is appointed or the Senator must be resident in that division;
Whereas the division of Quebec into 24 electoral divisions, corresponding to the 24 seats in the former Legislative Council of Quebec, reflects the historic boundaries of Lower Canada and no longer reflects the full territorial limits of the province of Quebec;
And whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;
Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by Her Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.
SCHEDULE
AMENDMENT TO THE CONSTITUTION OF CANADA
1. Section 22 of the Constitution Act, 1867 is amended by striking out the second paragraph of that section, beginning with "In the Case of Quebec'' and ending with "the Consolidated Statutes of Canada.''.
2. (1) Paragraph (5) of section 23 of the Act is replaced by the following:
(5) He shall be resident in the Province for which he is appointed.
(2) Paragraph (6) of section 23 of the Act is repealed.
Citation
3. This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Quebec: electoral divisions and real property qualifications of Senators).
After debate,
The Honourable Senator Tkachuk 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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Canadian Centre for Occupational Health and Safety, together with the Auditor General's Report, for the fiscal year ended March 31, 2008, pursuant to the Canadian Centre for Occupational Health and Safety Act, R.S.C. 1985, c. C-13, sbs. 26(2).—Sessional Paper No. 1/40-19.
Report of the Canadian International Trade Tribunal for the fiscal year ended March 31, 2008, pursuant to the Canadian International Trade Tribunal Act, R.S.C. 1985, c. 47 (4th Supp.), s. 42.—Sessional Paper No. 1/40-20.
Reports of the Department of Canadian Heritage 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. 1/40-21.
Report of the Canadian Dairy Commission, together with the Auditor General's Report, for the dairy year ended July 31, 2008, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/ 40-22.
Report of the Canadian Dairy Commission for the fiscal year ended March 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/40-23.
Reports of the Canadian Food Inspection Agency 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. 1/40-24.
Summaries of the Corporate Plan for the period 2008-2009 to 2012-2013 and of the Operating and Capital Budgets of the Canadian Dairy Commission for the dairy year ending July 31, 2009, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). — Sessional Paper No. 1/40-25.
Biennial Report of the Cree-Naskapi Commission for the year 2008, pursuant to the Cree-Naskapi (of Quebec) Act, S.C. 1984, c. 18, sbs. 171(1).—Sessional Paper No. 1/40-26.
Reports of the Public Prosecution Service of Canada 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. 1/40- 27.
Letter from the Honourable Senator Raymond Lavigne addressed to the Clerk of the Senate pursuant to rule 136(5) of the Rules of the Senate.—Sessional Paper No. 1/40-38S.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:05 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Committee of Selection
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Carstairs (November 24).