Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 44
Thursday, March 10, 2005
1:30 p.m.
The Honourable Fernand Robichaud, Acting Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Austin, Bacon, Baker, Biron, Bryden, Callbeck, Carney, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Downe, Ferretti Barth, Finnerty, Fitzpatrick, Furey, Grafstein, Harb, Hervieux-Payette, Hubley, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Lavigne, Léger, Losier-Cool, Massicotte, Mercer, Moore, Murray, Oliver, Pearson, Pépin, Plamondon, Poy, Prud'homme, Robichaud, Rompkey, Sibbeston, Smith, Stratton, Watt
The Members in attendance to business were:
The Honourable Senators
*Adams, Andreychuk, *Angus, *Atkins, Austin, Bacon, Baker, *Banks, Biron, Bryden, *Buchanan, Callbeck, Carney, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Downe, Ferretti Barth, Finnerty, Fitzpatrick, *Forrestall, Furey, Grafstein, Harb, *Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Lavigne, Léger, Losier-Cool, Massicotte, *Meighen, Mercer, *Milne, Moore, *Munson, Murray, *Nolin, Oliver, Pearson, Pépin, Plamondon, Poy, Prud'homme, Robichaud, Rompkey, Sibbeston, Smith, Stratton, 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 Kinsella moved, seconded by the Honourable Senator Austin, P.C.:
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
WRITTEN DECLARATION OF ROYAL ASSENT
At 1:34 p.m. the Honourable the Acting Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
March 10, 2005
Mr. Speaker:
I have the honour to inform you that the Honourable Ian Binnie, Puisne Judge of the Supreme Court of Canada, in his 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 March, 2005, at 12:38 p.m.
Yours sincerely,
Curtis Barlow
Deputy Secretary, Policy, Program and Protocol
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Thursday, March 10, 2005
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) (Bill C-24, Chapter 7, 2005)
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Rompkey, P.C., tabled the following:
Report on the Canadian Landmine Fund for the fiscal year ended March 31, 2004.—Sessional Paper No. 1/38-419.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Cordy, for the Honourable Senator Kirby, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its ninth report (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, without amendment).
The Honourable Senator Cordy moved, seconded by the Honourable Senator Carstairs, P.C., 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 Sibbeston, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its fourth report (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, without amendment).
The Honourable Senator Fitzpatrick moved, seconded by the Honourable Senator Corbin, 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, Chair of the Standing Senate Committee on Human Rights, presented its thirteenth report (budget—study on the rights and freedoms of children).
(The report is printed as appendix "A'')
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, Chair of the Standing Senate Committee on Human Rights, presented its fourteenth report (budget—study on Canada's human rights obligations).
(The report is printed as appendix "B'')
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, Chair of the Standing Senate Committee on Human Rights, presented its fifteenth report (budget—study on the Federal Public Service).
(The report is printed as appendix "C'' )
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 Andreychuk, Chair of the Standing Senate Committee on Human Rights, presented its sixteenth report (budget—study on an invitation to the Minister of Indian and Northern Affairs).
(The report is printed as appendix "D'')
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 Furey presented the following:
Thursday, March 10, 2005
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
FIFTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2005-2006.
Rules, Procedures and the Rights of Parliament
Professional and Other Services $ 14,400 Transportation and Communications — Other Expenditures — Total $ 14,400
Respectfully submitted,
GEORGE FUREY
Chair
The Honourable Senator Furey 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Harb tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the meeting of the Committee on Economic Affairs and Development at the European Bank for Reconstruction and Development (EBRD), held in London, United Kingdom, on January 20 and 21, 2005, and at the First Part of the 2005 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from January 24 to 28, 2005.—Sessional Paper No. 1/38-420.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Ferretti Barth, for the third 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 Honourable Senator Cools 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 negatived on division.
The Senate resumed debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Ferretti Barth, for the third reading of Bill C-6.
After debate,
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Pépin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 and 4 were called and postponed until the next sitting.
Motions
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That the Standing Senate Committees on Human Rights, National Security and Defence and Official Languages be empowered, in accordance with rule 95(3), to sit on Monday, March 21, 2005, even though the Senate may then be adjourned for a period exceeding one week.
After debate,
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
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,
In amendment, the Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Austin, P.C., that Bill S-21 be not now read the second time but that the subject-matter thereof be referred to the Standing Senate Committee on Legal and Constitutional Affairs; 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.
After debate,
With leave of the Senate and pursuant to Rule 30, the motion in amendment was withdrawn.
The Senate resumed 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,
The question being put on the motion, it was adopted on division.
The bill was then read the second time, on division.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Pearson, 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. 2 to 6 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Bryden, seconded by the Honourable Senator Milne, for the second reading of Bill S-24, An Act to amend the Criminal Code (cruelty to animals).
After debate,
The question being put on the motion, it was adopted on division.
The bill was then read the second time, on division.
The Honourable Senator Bryden moved, seconded by the Honourable Senator Pearson, 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. 8 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Harb, seconded by the Honourable Senator Mercer, for the second reading of Bill S-22, An Act to amend the Canada Elections Act (mandatory voting).
After debate,
The Honourable Senator Austin, 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. 10 and 11 were called and postponed until the next sitting.
Private Bills
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill S-27, An Act respecting Scouts Canada.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Murray, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Di Nino, for the Honourable Senator Jaffer, moved, seconded by the Honourable Senator Murray, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Moore, for the adoption of the seventh report of the Standing Senate Committee on National Security and Defence (budget—study on the necessity for a National Security policy), presented in the Senate on February 24, 2005.
After debate,
The question being put on the motion, it was adopted, on division.
Orders No. 2 and 3 were called and postponed until the next sitting.
Other
Orders No. 58 (motion), and 6 (inquiry) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Kinsella calling the attention of the Senate to the budget presented by the Minister of Finance in the House of Commons on February 23, 2005.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Johnson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 78, 69 (motions), 11, 2, 13 and 4 (inquiries) were called and postponed until the next sitting.
With leave,
The Senate reverted to Senator's Statements.
An Honourable Senator made a statement.
INQUIRIES
The Honourable Senator Prud'homme, P.C., called the attention of the Senate to the Israeli-Palestinian question and Canada's responsibility.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Chaput, 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 Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That, pursuant to Rule 95(3)(a), the Standing Senate Committee on Transport and Communications be authorized to meet on Monday, March 21, 2005, even though the Senate may then be adjourned for a period exceeding one week.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Carstairs, P.C.,:
That when the Senate adjourns today, it do stand adjourned until Monday, March 21, 2005 at 6 p.m. and that rule 13(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
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 6:11 p.m. the Senate was continued until Monday, March 21, 2005 at 6 p.m.)