Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 38
Tuesday, February 22, 2005
2:00 p.m.
The Honourable Fernand Robichaud, Acting Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gill, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Massicotte, Meighen, Mercer, Milne, Moore, Munson, Murray, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, 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, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Day, De Bané, *Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gill, *Grafstein, Gustafson, Harb, *Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, *Mahovlich, Massicotte, Meighen, Mercer, Milne, Moore, Munson, Murray, *Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Clerk at the Table informed the Senate that the Honourable the Speaker and the Honourable the Speaker pro tempore were unavoidably absent.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Kinsella:
That during the absence of the Honourable the Speaker and the Honourable the Speaker pro tempore, the Honourable Senator Robichaud, P.C., do preside as Speaker.
Whereupon the Honourable Senator Robichaud, P.C., took the Chair.
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon presented the following:
Tuesday, February 22, 2005
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
FIFTH REPORT
Your Committee, to which was referred Bill C-36, An Act to change the boundaries of the Acadie—Bathurst and Miramichi electoral districts, has, in obedience to the Order of Reference of Tuesday, February 1st, 2005, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
LISE BACON
Chair
(The observations are printed as an Appendix)
The Honourable Senator Bacon moved, seconded by the Honourable Senator Banks, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Andreychuk presented the following:
Tuesday, February 22, 2005
The Standing Senate Committee on Human Rights has the honour to present its
NINTH REPORT
Your Committee, which was authorized by the Senate on Wednesday, November 3, 2004, to examine and report upon Canada's international obligations in regard to the rights and freedoms of children. In particular, the Committee was authorized to examine: Our obligations under the United nations Convention on the Rights of the Child; and, whether Canada's legislation as it applies to children meets our obligations under this Convention, respectfully requests that the date of presenting its final report be extended from March 22, 2005 to March 31, 2006 and that the Committee retain until April 30, 2006 all powers necessary to publicize its findings.
Respectfully submitted,
A. RAYNELL ANDREYCHUK
Chair
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Cochrane, 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 Andreychuk presented the following:
Tuesday, February 22, 2005
The Standing Senate Committee on Human Rights has the honour to present its
TENTH REPORT
Your Committee, which was authorized by the Senate on Wednesday, November 3, 2004, to examine and monitor issues relating to human rights and, inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations, respectfully requests that the date of presenting its final report be extended from December 23, 2005 to March 31, 2006 and that the Committee retain until April 30, 2006 all powers necessary to publicize its findings.
Respectfully submitted,
A. RAYNELL ANDREYCHUK
Chair
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Cochrane, 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 Andreychuk presented the following:
Tuesday, February 22, 2005
The Standing Senate Committee on Human Rights has the honour to present its
ELEVENTH REPORT
Your Committee, which was authorized by the Senate on Wednesday, November 3, 2004, to invite from time to time the President of Treasury Board, the President of the Public Service Commission, their officials, as well as other witnesses to appear before the Committee for the purpose of examining cases of alleged discrimination in the hiring and promotion practices of the Federal Public Service and to study the extent to which targets to achieve employment equity for minority groups are being met, respectfully requests that the date of presenting its final report be extended from December 23, 2005 to March 31, 2006 and that the Committee retain until April 30, 2006 all powers necessary to publicize its findings.
Respectfully submitted,
A. RAYNELL ANDREYCHUK
Chair
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Cochrane, 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 Andreychuk presented the following:
Tuesday, February 22, 2005
The Standing Senate Committee on Human Rights has the honour to present its
TWELFTH REPORT
Your Committee, which was authorized by the Senate on Wednesday, November 3, 2004, to invite the Minister of Indian and Northern Affairs to appear with his officials before the Committee for the purpose of updating the members of the Committee on actions taken concerning the recommendations contained in the Committee's report entitled A Hard Bed to lie in: Matrimonial Real Property on Reserve, tabled in the Senate November 4, 2003, respectfully requests that the date of presenting its final report be extended from March 31, 2005 to March 31, 2006 and that the Committee retain until April 30, 2006 all powers necessary to publicize its findings.
Respectfully submitted,
A. RAYNELL ANDREYCHUK
Chair
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Comeau, 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, presented its fifth report (Bill C-6, An Act to establish the Department of Public Safety and Emergency Preparedness and to amend or repeal certain Acts, without amendment).
The Honourable Senator Kenny moved, seconded by the Honourable Senator Banks, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
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-39, An Act to amend the Federal-Provincial Fiscal Arrangements Act and to enact An Act respecting the provision of funding for diagnostic and medical equipment, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., 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
Second reading of Bill C-24, An Act to amend the Federal-Provincial Fiscal Arrangements Act and to make consequential amendments to other Acts (fiscal equalization payments to the provinces and funding to the territories).
The Honourable Senator Massicotte moved, seconded by the Honourable Senator Bacon, 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 Massicotte moved, seconded by the Honourable Senator Bacon, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Phalen, seconded by the Honourable Senator Moore, for the third reading of 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.
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. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Callbeck, seconded by the Honourable Senator Bacon, for the second reading of Bill C-10, An Act to amend the Criminal Code (mental disorder) and to make consequential amendments to other Acts.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Callbeck moved, seconded by the Honourable Senator Bacon, 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.
Orders No. 5 and 6 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator St. Germain, P.C., seconded by the Honourable Senator LeBreton, for the second reading of Bill S-16, An Act providing for the Crown's recognition of self-governing First Nations of Canada.
After debate,
In amendment, the Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that Bill S-16 be not now read the second time but that the subject-matter thereof be referred to the Standing Senate Committee on Aboriginal Peoples; and
That the Order to resume debate on the motion for the second reading of the bill remain on the Order Paper and Notice Paper.
The question being put on the motion in amendment, it was adopted.
Orders No. 3 to 8 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Losier-Cool, for the second reading of Bill S-21, An act to amend the criminal Code (protection of children).
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Cools.
Orders No. 10 and 11 were called and pursuant to rule 27(3) were dropped from the Order Paper.
Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Keon, for the second reading of Bill S-8, An Act to amend the Judges Act.
After debate,
The Honourable Senator Cools 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.
Commons Public Bills
Third 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 Joyal, P.C., that the bill be read the third time.
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.
Third 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 Stratton, that the bill be read the third time.
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.
Private Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Reports of Committees
Consideration of the second report of the Standing Senate Committee on Foreign Affairs (budget—study on Africa—power to hire staff) presented in the Senate on February 17, 2005.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Corbin, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on Foreign Affairs (budget—study on issues relating to foreign relations—power to hire staff) presented in the Senate on February 17, 2005.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Corbin, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Committee on Internal Economy, Budgets and Administration (budget of Foreign Affairs Committee—legislation) presented in the Senate on February 17, 2005.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 4 and 5 were called and postponed until the next sitting.
Consideration of the first report of the Special Senate Committee on the Anti-terrorism Act (budget—review of the provisions and operation of the Anti-terrorism Act—power to hire staff) presented in the Senate on February 17, 2005.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Cook, that the report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 11, 2 and 13 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Kinsella seconded by the Honourable Senator Stratton:
That the Senate urge the government to reduce personal income taxes for low and modest income earners;
That the Senate urge the government to stop overcharging Canadian employees and reduce Employment Insurance rates so that annual program revenues will no longer substantially exceed annual program expenditures;
That the Senate urge the government in each budget henceforth to target an amount for debt reduction of not less than 2/7 of the net revenue expected to be raised by the federal Goods and Services Tax; and
That a message be sent to the House of Commons requesting that House to unite with the Senate for the above purpose.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 58 (motion), 4 (inquiry), and 78 (motion) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Stollery calling the attention of the Senate to the World Trade Organisation negotiations on the Doha Round.
Debate concluded.
Order No. 6 (inquiry) was called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Blue Water Bridge Authority, together with the Auditor General's Report, for the year 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/38-395.
Summaries of the Corporate Plan for 2005-2009 and of the Operating and Capital Budgets for 2005 of the Pacific Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-396.
Report of the Canadian Wheat Board, together with the Auditors' Report, for the crop year ended July 31, 2004, pursuant to the Canadian Wheat Board Act, R.S.C. 1985, c. C-24, sbs. 9(2). —Sessional Paper No. 1/38-397.
Report on the administration and operation of the Canada Health Act for the fiscal year ended March 31, 2004, pursuant to the Act, R.S.C. 1985, c. C-6, s. 23.—Sessional Paper No. 1/38-398.
Report of the Northern Pipeline Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Northern Pipeline Act, R.S.C. 1985, C. N-26, ss. 13 and 14.—Sessional Paper No. 1/ 38-399.
List of Commissions issued for the year 2004, pursuant to the Public Officers Act, R.S. 1985, c. P-31, s. 4.—Sessional Paper No. 1/38-400.
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 5:43 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Committee on Internal Economy, Budgets and Administration
The names of the Honourable Senators Banks and Cook substituted for those of the Honourable Senators Stollery and Rompkey (February 17).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Mercer (February 17).
The name of the Honourable Senator Stollery substituted for that of the Honourable Senator Munson (February 21).
The names of the Honourable Senators Cordy and Munson substituted for those of the Honourable Senators Losier-Cool and Stollery (February 22).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator St. Germain (February 21).