Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 35
Tuesday, February 15, 2005
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Carney, Carstairs, Chaput, Christensen, Comeau, Cools, Corbin, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Kinsella, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Munson, Murray, Oliver, Pearson, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tkachuk, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Carney, Carstairs, Chaput, Christensen, *Cochrane, Comeau, *Cook, Cools, Corbin, *Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, *Keon, Kinsella, *Kirby, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, *Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Munson, Murray, Oliver, Pearson, *Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tkachuk, *Trenholme Counsell, Watt
PRAYERS
WRITTEN DECLARATION OF ROYAL ASSENT
At 2:04 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
February 10, 2005
Mr. Speaker:
I have the honour to inform you that the Honourable Marie Deschamps, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 10th day of February, 2005, at 5:40 p.m.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Thursday, February 10, 2005
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 (Bill C-14, Chapter 1, 2005)
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Rompkey, P.C., tabled the following:
The February 2005 Report of the Auditor General of Canada to the House of Commons, pursuant to the Auditor General Act, S.C. 1995, c. 43, s. 3.—Sessional Paper No. 1/38-388.
With leave of the Senate,
The Honourable Senator Hays tabled the following:
Report of the Speaker of the Senate respecting his attendance at the European Conference of Presidents of Parliaments at the Palais de l'Europe in Strasbourg, France, from May 17 to 19, 2004.—Sessional Paper No. 1/38- 389S.
Report of the Senate parliamentary delegation, led by the Speaker of the Senate, which traveled to Belgium from September 19 to 21, 2004, on the invitation of the Speaker of the Belgian Senate.—Sessional Paper No. 1/38-390S.
Report of the Senate parliamentary delegation, led by the Speaker of the Senate, which traveled to Germany from September 21 to 26, 2004, on the invitation of the President of the Bundesrat.—Sessional Paper No. 1/38-391S.
Report of the Speaker of the Senate respecting his attendance at the official opening of the new Scottish Parliament on October 9, 2004.—Sessional Paper No. 1/38-392S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Transport and Communications, presented its fourth report (Bill C-4, An Act to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, without amendment).
The Honourable Senator Phalen moved, seconded by the Honourable Senator Moore, that the bill be placed on the Orders of the Day for a third reading two days hence.
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-29, An Act to amend the Patent Act, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Day moved, seconded by the Honourable Senator Ferretti Barth, 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.
Presentation of Petitions
The Honourable Senator Di Nino presented a petition:
Of the Boy Scouts of Canada, a body incorporated by chapter 130 of the Statutes of Canada 1914; praying for the passage of An Act to amend its Act of incorporation in order to consolidate the statutes governing it, to change its name to "Scouts Canada'' and to make such other technical and incidental changes to the Act as may be appropriate.
ORDERS OF THE DAY
A point of order was raised as to the acceptability of the procedure followed in the passage of Bill C-14 during the Daily Routine of Business on Thursday, February 10, 2005.
After debate,
The Speaker reserved his decision.
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill C-10, An Act to amend the Criminal Code (mental disorder) and to make consequential amendments to other Acts.
The Honourable Senator Callbeck moved, seconded by the Honourable Senator Bacon, that the bill be read the second time.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator LeBreton, 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 C-20, An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts.
The Honourable Senator Fitzpatrick moved, seconded by the Honourable Senator Bacon, that the bill be read the second time.
After debate,
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator LeBreton, 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 12 were called and postponed until the next sitting.
Private Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the fourth report (second interim) of the Standing Senate Committee on Social Affairs, Science and Technology entitled: Mental Health Policies and Programs in Selected Countries, tabled in the Senate on November 23, 2004.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 13 (inquiry), 69 and 58 (motions), 4 (inquiry), 78 (motion), 11, 5, 6, and 2 (inquiries) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Canadian Nuclear Safety Commission for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-369.
Report of the Canadian Forces Personnel Support Agency for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-370.
Report of the Canadian Security Intelligence Service for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(5).—Sessional Paper No. 1/38-371.
Report of the Communications Security Establishment for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-372.
Report of the National Energy Board for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-373.
Report of the National Film Board of Canada for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-374.
Report of the National Research Council of Canada for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-375.
Report of the Natural Sciences and Engineering Research Council of Canada for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-376.
Report of the Office of the Auditor General of Canada for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-377.
Report of the Office of the Superintendent of Financial Institutions Canada for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-378.
Report of the Statistical Survey Operations for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-379.
Report of the Social Sciences and Humanities Research Council for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3). —Sessional Paper No. 1/38-380.
Report of the Federal Public Service for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(1).—Sessional Paper No. 1/38-381.
Report of the Canadian Food Inspection Agency for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-382.
Report of Canada Customs and Revenue Agency for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-383.
Report of Parks Canada for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-384.
Report of the Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38- 385.
Report of the Royal Canadian Mounted Police (RCMP) for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-386.
Report of National Defence for the fiscal year ended March 31, 2004, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/38-387.
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 4:03 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 Banking, Trade and Commerce
The names of the Honourable Senators Kelleher and Moore substituted for those of the Honourable Senators Oliver and Banks (February 10).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Finnerty substituted for that of the Honourable Senator Gill (February 10).
The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Finnerty (February 15).
Standing Senate Committee on Official Languages
The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Jaffer (February 14).
The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Losier-Cool (February 15).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Chaput (February 14).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Cordy (February 15).