Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 45
Monday, March 21, 2005
6:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Banks, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Day, De Bané, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Grafstein, Gustafson, Harb, Hays, Hubley, Johnson, Joyal, Kelleher, Keon, Kinsella, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Massicotte, Mercer, Milne, Moore, Munson, Murray, Oliver, Pearson, Pépin, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Smith, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Banks, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Comeau, Cook, Cools, Corbin, *Cordy, Day, De Bané, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Grafstein, Gustafson, Harb, Hays, *Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, *Kirby, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Massicotte, *Meighen, Mercer, Milne, Moore, Munson, Murray, *Nolin, Oliver, Pearson, Pépin, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, *St. Germain, *Sibbeston, Smith, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell
PRAYERS
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That the Standing Senate Committee on Official Languages have power to continue sitting while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Keon, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its tenth report (Bill S-14, An Act to protect heritage lighthouses, without amendment).
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Eyton, 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-3, An Act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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.
With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator Fairbairn, P.C., Chair of the Special Senate Committee on the Anti-terrorism Act, presented its second report (budget—study on the provisions and operation of the Anti-terrorism Act).
(The report is printed as an appendix)
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Carstairs, P.C., 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.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-17, An Act to implement an agreement, conventions and protocols concluded between Canada and Gabon, Ireland, Armenia, Oman and Azerbaijan for the avoidance of double taxation and the prevention of fiscal evasion,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of 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.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Pépin, that the bill be read the third time.
After debate,
The Honourable Senator Keon moved, seconded by the Honourable Senator Carney, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Third 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 Ferretti Barth, that the bill be read the third time.
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.
Resuming debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Losier-Cool, for the third reading of Bill S-18, An Act to amend the Statistics Act;
And on the motion in amendment of the Honourable Senator Comeau, seconded by the Honourable Senator Cochrane, that Bill S-18 be not now read a third time but that it be amended in clause 1, on page 1, by replacing line 8, with the following:
"between 1910 and 1918 is no longer subject to''.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Forrestall, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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,
In amendment, the Honourable Senator Cools moved, seconded by the Honourable Senator Tkachuk, that Bill C-6 be not now read a third time but that it be amended
(a) on page 1,
(i) by replacing, in the English version, the heading preceding line 7 with the following:
"ESTABLISHMENT OF THE DEPARTMENT; SOLICITOR GENERAL'', and
(ii) in clause 2, by replacing lines 13 to 15 with the following:
"(2) The Minister is ex officio Her Majesty's Solicitor General of Canada, and holds office during pleasure and has the management and direction of the Department.'';
(b) in clause 3, on page 1,
(i) by replacing line 16 with the following:
"3. (1) The Governor in Council may appoint a'', and
(ii) by adding after line 20 the following:
"(2) The Deputy Minister is ex officio the Deputy Solicitor General.'';
(c) on page 3, by adding after line 3 the following:
"POWERS, DUTIES AND FUNCTIONS OF THE SOLICITOR GENERAL
6.1 The Solicitor General of Canada
(a) is entrusted with the powers and charged with the duties that belong to the office of the Solicitor General of England by law or usage, in so far as those powers and duties are applicable to Canada, and also with the powers and duties that, by the laws of the several provinces, belonged to the office of solicitor general of each province up to the time when the Constitution Act, 1867, came into effect, in so far as those laws under the provisions of the said Act are to be administered and carried into effect by the Government of Canada;
(b) shall continue to exercise the powers and perform the duties and functions of the second Law Officer of the Crown under the common law; and
(c) shall carry out such other duties as are assigned by the Governor in Council to the Solicitor General of Canada.'';
(d) in clause 8, on page 3, by replacing line 44 with the following:
"duty or function, or unless that power, duty or function vests in or is exercisable by the Solicitor General of Canada or the Deputy Solicitor General of Canada by virtue of section 6.1.'';
(e) on page 7, by adding immediately before line 9 the following:
"17.1 Subparagraph (b)(i) of the definition "justice system participant'' in section 2 of the Criminal Code is replaced by the following:
(i) the Minister of Public Safety and Emergency Preparedness and Solicitor General of Canada, and a Minister responsible for policing in a province,'';
(f) in clause 18, on page 7, by replacing line 10 with the following:
"Act are replaced by the following:'';
(g) on page 13, by adding after line 12 the following:
"Salaries Act
33.1 Paragraph 4(2)(k) of the Salaries Act is replaced by the following:
(k) the Minister of Public Safety and Emergency Preparedness and Solicitor General;''; and
(h) in clause 34,
(i) on page 13, by deleting lines 37 and 38,
(ii) on page 14, by renumbering subparagraphs (ii) to (xiv) of paragraph (1)(f) as subparagraphs (i) to (xiii), and
(iii) on page 15,
(A) by deleting line 32, and
(B) by relettering paragraphs (v) to (y) of subclause (1) as paragraphs (u) to (x).
After debate,
The question being put on the motion in amendment, it was negatived, on division.
The question being put 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, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Hubley, for the second reading of Bill C-8, An Act to amend the Financial Administration Act, the Canada School of Public Service Act and the Official Languages Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
Order No. 6 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 9 were called and postponed until the next sitting.
Private Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Reports of Committees
Consideration of the thirteenth report of the Standing Senate Committee on Human Rights (budget—study on the rights and freedoms of children) presented in the Senate on March 10, 2005.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Comeau, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fourteenth report of the Standing Senate Committee on Human Rights (budget—study on Canada's human rights obligations) presented in the Senate on March 10, 2005.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fifteenth report of the Standing Senate Committee on Human Rights (budget—study on the Federal Public Service) presented in the Senate on March 10, 2005.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator LeBreton, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the sixteenth report of the Standing Senate Committee on Human Rights (budget—study on an invitation to the Minister of Indian and Northern Affairs) presented in the Senate on March 10, 2005.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Keon, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 5 to 7 were called and postponed until the next sitting.
Other
Orders No. 15, 12 (inquiries), 58 (motion), 6 (inquiry), 78, 69 (motions), 11 and 2 (inquiries) were called and postponed until the next sitting.
Ordered, That Order No. 58 (motion) be again called.
Resuming debate on the motion of the Honourable Senator Lavigne, seconded by the Honourable Senator Robichaud, P.C.:
That the Rules of the Senate be amended by adding after rule 135 the following:
135.1 Every Senator shall, after taking his or her Seat, take and subscribe an oath of allegiance to Canada, in the following form, before the Speaker or a person authorized to take the oath:
I, (full name of the Senator), do swear (or solemnly affirm) that I will be faithful and bear true allegiance to Canada.
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. 13 and 4 (inquiries) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 2004, pursuant to the Act, S.C. 1992, c. 46, s. 67.—Sessional Paper No. 1/38-421.
Report on the Public Service Pension Plan for the fiscal year ended March 31, 2004, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, s. 46.—Sessional Paper No. 1/38-422.
Report of the Governor of the Bank of Canada and Statement of Accounts for the year 2004, pursuant to the Bank of Canada Act, R.S.C. 1985, c. B-2, sbs. 30(3).—Sessional Paper No. 1/38-423.
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 8:27 p.m. the Senate was continued until 2 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Lynch-Staunton substituted for that of the Honourable Senator Nolin (March 10).