Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
1st Session, 40th Parliament
Issue 7
Tuesday, December 2, 2008
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Campbell, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fox, Fraser, Furey, Goldstein, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, St. Germain, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Campbell, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fox, Fraser, Furey, Goldstein, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, *Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, St. Germain, 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
The Honourable Senator Comeau tabled the following:
Document entitled "Protecting Canada's Future — Economic and Fiscal Statement, November 27, 2008''.—Sessional Paper No. 1/40-62.
Public Accounts of Canada for the fiscal year ended March 31, 2008, Volume I—Summary Report and Financial Statements, Volume II—Details of Expenses and Revenues, Volume III—Additional Information and Analyses, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 64(1). —Sessional Paper No. 1/40-63.
° ° °
The Honourable the Speaker tabled the following:
Reports of the Office of the Commissioner of Official Languages 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. 1/40-64.
Reports of the Office of the Privacy Commissioner 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/ 40-65.
Reports of the Chief Electoral Officer 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. 1/40-66.
Introduction and First Reading of Government Bills
The Honourable Senator Comeau presented a Bill S-2, An Act to amend the Customs Act.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen, 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 Goldstein tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at I. the Parliamentary Mission to the Country that will hold the next European Union Presidency; II. the Visit to Normandy; III. the Meeting of the Committee on Economic Affairs and Development of the Council of Europe Parliamentary Assembly at the Organization for Economic Co-operation and Development; and IV. the Third Part of the 2008 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Paris, Normandy and Strasbourg, France, from June 17 to 27, 2008.—Sessional Paper No. 1/40-67.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
Resuming debate on the motion of the Honourable Senator Meighen, 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 Andreychuk moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Comeau moved, seconded by the Honourable Senator Brown:
That the expenditures set out in Supplementary Estimates (B) for the fiscal year ending March 31, 2009, be referred to a Committee of the Whole for examination on Wednesday, December 3, 2008, with the Senate resolving itself into said Committee at the conclusion of Question Period;
That television cameras be authorized in the Senate Chamber to broadcast the proceedings of the Committee of the Whole, with the least possible disruption of the proceedings; and that photographers be authorized in the Senate Chamber to photograph proceedings, with the least possible disruption of the proceedings; and
That, notwithstanding the Order adopted by the Senate on Tuesday, November 25, 2008, when the Senate sits on Wednesday, December 3, 2008, it continue its proceedings beyond 4 p.m. and follow the normal adjournment procedure according to Rule 6(1); and
That Rule 13(1) be suspended on Wednesday, December 3, 2008.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Atkins, Banks, Bryden, Callbeck, Campbell, Chaput, Cook, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Eggleton, Fox, Fraser, Furey, Goldstein, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Losier-Cool, Mercer, Merchant, Milne, Mitchell, Moore, Murray, Pépin, Phalen, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Stollery, Tardif, Watt—41
NAYS
The Honourable Senators
Andreychuk, Angus, Brown, Champagne, Cochrane, Comeau, Di Nino, Eyton, Johnson, Keon, LeBreton, Nolin, Oliver, St. Germain , Stratton, Tkachuk—16
ABSTENTIONS
The Honourable Senators
Nil
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 14 were called and postponed until the next sitting.
Other
Order No. 2 (motion) was called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Comeau called the attention of the Senate to the 250th anniversary of representative government in Canada.
After debate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Day:
That the Standing Senate Committee on Banking, Trade and Commerce be authorized to examine and report on the credit and debit card systems in Canada and their relative rates and fees, in particular for businesses and consumers; and
That the Committee report to the Senate no later than June 30, 2009, and that the Committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
After debate,
The Honourable Senator Di Nino 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.
° ° °
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser:
That a Special Committee of the Senate be appointed to examine and report upon the expenditures set out in Supplementary Estimates (B) for the fiscal year ending March 31, 2009;
That, notwithstanding rule 85(1)(b), the Committee be comprised of twelve members, namely the Honourable Senators Biron, Callbeck, Chaput, Day, De Bané, P.C., Eggleton, P.C., Mitchell, Ringuette, and four additional members to be named by the Leader of the Government in the Senate following the process set out in Rule 85(5);
That four members constitute a quorum;
That the Committee have power to send for persons, papers and records; to examine witnesses; and to print such papers and evidence from day to day as may be ordered by the Committee;
That the Committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;
That the Committee have power to sit when the Senate is sitting, and that the application of Rule 95(4) be suspended in relation thereto; and
That, pursuant to Rule 95(3)(a), the Committee be authorized to meet during any adjournment of the Senate that exceeds one week.
Debate.
Pursuant to rule 13(1), the Speaker left the chair to resume the same at 8 p.m.
The sitting resumed.
The Senate resumed debate on the motion of the Honourable Senator Tardif, seconded by the Honourable Senator Fraser:
That a Special Committee of the Senate be appointed to examine and report upon the expenditures set out in Supplementary Estimates (B) for the fiscal year ending March 31, 2009;
That, notwithstanding rule 85(1)(b), the Committee be comprised of twelve members, namely the Honourable Senators Biron, Callbeck, Chaput, Day, De Bané, P.C., Eggleton, P.C., Mitchell, Ringuette, and four additional members to be named by the Leader of the Government in the Senate following the process set out in Rule 85(5);
That four members constitute a quorum;
That the Committee have power to send for persons, papers and records; to examine witnesses; and to print such papers and evidence from day to day as may be ordered by the Committee;
That the Committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;
That the Committee have power to sit when the Senate is sitting, and that the application of Rule 95(4) be suspended in relation thereto; and
That, pursuant to Rule 95(3)(a), the Committee be authorized to meet during any adjournment of the Senate that exceeds one week.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Brown, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Tardif moved, seconded by the Honourable Senator Rompkey, P.C.:
That it be an order of the Senate to the Committee of Selection that it meet on the first day the Senate sits after the adoption of this motion and that it then present its report nominating the Senators to serve on the several select committees, except the Committee on Conflict of Interest for Senators, no later than the second day the Senate sits following the adoption of this motion.
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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the International Centre for Human Rights and Democratic Development, together with the Auditor General's Report, for the fiscal year ended March 31, 2008, pursuant to the International Centre for Human Rights and Democratic Development Act, R.S.C. 1985, c. 54, (4th Supp.), sbs. 31(3). —Sessional Paper No. 1/40-39.
Reports of the International Centre for Human Rights and Democratic Development 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. 1/40-40.
Report on the activities of the Courts Administration Service for the fiscal year ended March 31, 2008, pursuant to the Courts Administration Service Act, S.C. 2002, c. 8, sbs. 12(2).—Sessional Paper No. 1/40-41.
Report on the applications for ministerial review (miscarriages of justice) for the fiscal year ended March 31, 2008, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, s. 696.5.—Sessional Paper No. 1/40-42.
Reports of the Canadian Human Rights Commission 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- 43.
Reports of the Canadian International Development 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/ 40-44.
Reports of the Public Health Agency 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. 1/40-45.
Reports of the Department of Foreign Affairs and International Trade 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. 1/40-46.
Report on the administration of the Canadian Forces Superannuation Act, together with the Auditor General's Report, for the fiscal year ended March 31, 2007, R.S.C. 1985, c. C-17, ss. 57, 59.7 and 72.—Sessional Paper No. 1/40- 47.
Report of the Canadian Museum of Civilization Corporation for the fiscal year ended March 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/40-48.
Report of the Canadian Museum of Nature for the fiscal year ended March 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20. s. 8.—Sessional Paper No. 1/40-49.
Report of the National Gallery of 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. 1/40-50.
Report of the National Museum of Science and Technology for the fiscal year ended March 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/40-51.
Reports of the Historic Sites and Monuments Board of Canada for the fiscal year ended March 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/ 40-52.
Reports of Parks Canada Agency for the fiscal year ended March 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2).— Sessional Paper No. 1/40-53.
Reports of the Canadian Environmental Assessment Agency for the fiscal year ended March 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R. S. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/ 40-54.
Reports of the Department of Environment for the fiscal year ended March 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/40-55.
Reports of the National Round Table on the Environment and the Economy for the fiscal year ended March 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/40-56.
Reports of the Canada Emission Reduction Incentives Agency for the fiscal year ended March 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/ 40-57.
Report of the operations under the Fisheries Development Act for the fiscal year ended March 31, 2008, pursuant to the Fisheries Development Act, R.S. 1985, c. F-21, s. 10.—Sessional Paper No. 1/40-58.
Report of the Freshwater Fish Marketing Corporation, together with the Auditor General's Report, for the fiscal year ended April 30, 2008, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/40-59.
Reports of the Office of Indian Residential Schools Resolution of Canada for the fiscal year ended March 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2). — Sessional Paper No. 1/40-60.
Report on the Public Servants Disclosure Protection Act for the fiscal year ended March 31, 2008, pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46, sbs. 38.1(4).—Sessional Paper No. 1/40-61.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 8:30 p.m. the Senate was continued until 1:30 p.m. tomorrow.)