Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 23
Tuesday, December 7, 2004
2:00 p.m.
The Honourable Shirley Maheu, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Downe, Eyton, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Fraser, Gill, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Downe, Eyton, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Fraser, Gill, *Grafstein, Gustafson, Harb, *Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Maheu, Speaker pro tempore, took the Chair, pursuant to Rule 11.
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Rompkey, P.C., tabled the following:
Report of the President of the Treasury Board, entitled: Canada's Performance 2004.—Sessional Paper No. 1/38- 325.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Oliver Chair of the Standing Senate Committee on National Finance presented its second report (Supplementary Estimates (A) 2004-2005).
(The report is printed as an appendix)
The Honourable Senator Oliver moved, seconded by the Honourable Senator Andreychuk, 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 third report entitled: Canadian Security Guide Book, 2005 Edition: An Update of Security Problems in Search of Solutions. —Sessional Paper No. 1/38-326S.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Moore, 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.
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 p.m. today, 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.
Presentation of Petitions
The Honourable Senator Milne presented petitions:
Of Residents of Canada concerning the Statistics Act (census records).
ORDERS OF THE DAY
A Point of Order was raised respecting rule 46.
After debate,
The Speaker pro tempore reserved her decision.
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Grafstein, for the second reading of Bill C-6, An Act to establish the Department of Public Safety and Emergency Preparedness and to amend or repeal certain Acts.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Banks moved, seconded by the Honourable Senator Callbeck, that the bill be referred to the Standing Senate Committee on National Security and Defence.
The question being put on the motion, it was adopted on division.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-5, An Act to provide financial assistance for post-secondary education savings, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Moore, moved, seconded by the Honourable Senator Phalen, that the bill be placed on the Orders of the Day for a second reading at the next sitting.
The question being put on the motion, it was adopted.
A Message was brought from the House of Commons with a Bill C-14, An Act to give effect to a land claims and self-government agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, to make related amendments to the Mackenzie Valley Resource Management Act 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 Sibbeston moved, seconded by the Honourable Senator Christensen, 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
Order No. 5 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Plamondon, seconded by the Honourable Senator Ringuette, for the second reading of Bill S-19, An Act to amend the Criminal Code (criminal interest rate).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Plamondon moved, seconded by the Honourable Senator Hubley, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Orders No. 5 to 9 were called and postponed until the next sitting.
Second reading of Bill S-21, An act to amend the criminal Code (protection of children).
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Losier-Cool, that the bill be read the second time.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Forrestall, 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
Second reading of Bill C-302, An act to change the name of the electoral district of Kitchener—Wilmot—Wellesley—Woolwich.
The Honourable Senator Mercer moved, seconded by the Honourable Senator Hubley, 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 Mercer moved, seconded by the Honourable Senator Hubley, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Trenholme Counsell, seconded by the Honourable Senator Adams, for adoption of the first report of the Standing Joint Committee on the Library of Parliament (mandate and quorum) presented in the Senate on November 24, 2004.
After debate,
The question being put on the motion, it was adopted.
Ordered, That Order No. 2 under Commons Public Bills be again called.
Second reading of Bill C-304, An act to change the name of the electoral district of Battle River.
The Honourable Senator Kinsella moved, seconded by the Honourable Senator LeBreton, 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 Kinsella moved, seconded by the Honourable Senator LeBreton, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Reports of Committees
Orders No. 2 to 4 were called and postponed until the next sitting.
Other
Orders No. 58 (motion), 6, 4, and 1 (inquiries) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Callbeck called the attention of the Senate to the present inequities of the Veterans Independence Program.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator LeBreton, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Hubley called the attention of the Senate to the merits of establishing a universal publicly- funded system of post-secondary education in Canada as a national social and economic program, and to the adoption of federal legislation setting out the mission, role, and responsibilities of the government with respect to post-secondary education.
After debate,
The Honourable Senator LeBreton for the Honourable Senator Stratton moved, seconded by the Honourable Senator Forrestall, that further debate on the inquiry 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):
Amended Operating Budget Summary for 2004-2005 of Atomic Energy of Canada Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-318.
Report of the Inuvialuit Final Agreement Implementation Coordinating Committee for the fiscal year ended March31, 2003. —Sessional Paper No. 1/38-319.
Report of the Implementation Committee on the Gwich'in Comprehensive Land Claim Agreement for the fiscal year ending March 31, 2003.—Sessional Paper No. 1/38-320.
Report of the Implementation Committee on the Sahtu Dene and Metis Comprehensive Land Claim Agreement for the fiscal year ended March 31, 2003.—Sessional Paper No. 1/38-321.
Report of the Canadian Forces Provost Marshal for the fiscal year ended March 31, 2004.—Sessional Paper No. 1/ 38-322.
Report of the President of the Treasury Board on Official Languages in Federal Institutions for the fiscal year ended March 31, 2004, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 48.—Sessional Paper No. 1/ 38-323.
Report of the Chief of the Defence Staff for 2003-2004. —Sessional Paper No. 1/38-324.
ADJOURNMENT
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:57 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 Agriculture and Forestry
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Downe (December 2).
The name of the Honourable Senator Mahovlich removed from the membership (December 2).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Robichaud (December 2).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Forrestall substituted for that of the Honourable Senator St. Germain (December 6).
Standing Senate Committee on Fisheries and Oceans
The name of the Honourable Senator Downe substituted for that of the Honourable Senator Mahovlich (December 6).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Ferretti Barth (December 6).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Lynch-Staunton (December 6).
The name of the Honourable Senator Lynch-Staunton substituted for that of the Honourable Senator Nolin (December 7).