Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 46
Tuesday, March 22, 2005
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Banks, Biron, Bryden, Buchanan, Carney, Carstairs, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Grafstein, Harb, Hays, Hubley, Johnson, Joyal, Kelleher, Keon, Kinsella, Lapointe, Lavigne, LeBreton, 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, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Banks, Biron, Bryden, Buchanan, *Callbeck, Carney, Carstairs, Chaput, Christensen, Comeau, Cook, Cools, Corbin, *Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Grafstein, Harb, Hays, *Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, *Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Lynch-Staunton, Mahovlich, Massicotte, 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, Watt
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the memory of the Honourable Royce Frith, former Senator, whose death occurred March 17, 2005.
Senators' Statements
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
With leave of the Senate,
The Honourable Senator Hays presented the following:
Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to the United Arab Emirates from January 13 to 16, 2005, to the Kingdom of Bahrain from January 16 to 19, 2005 and to the United Kingdom from January 19 to 21, 2005.—Sessional Paper No. 1/38-433S.
Report of the Speaker of the Senate respecting his attendance at the inauguration of the President of Afghanistan on December 7, 2004.—Sessional Paper No. 1/38-434S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey presented the following:
Tuesday, March 22, 2005
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SIXTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2005-2006.
Agriculture and Forestry (Legislation)
Professional and Other Services $ 2,400 Transport and Communications 1,000 Other Expenditures 1,300 Total $ 4,700
Energy, the Environment and Natural Resources (Legislation)
Professional and Other Services $ 18,000 Transport and Communications — Other Expenditures 2,000 Total $ 20,000
Foreign Affairs (Legislation)
Professional and Other Services $ 3,000 Transport and Communications 750 Other Expenditures 750 Total $ 4,500
Scrutiny of Regulations (Legislation)
Professional and Other Services $ 2,820 Transport and Communications 1,650 Other Expenditures 2,640 Total $ 7,110
Social Affairs (Legislation)
Professional and Other Services $ 6,000 Transport and Communications — Other Expenditures 2,000 Total $ 8,000
Transport and Communications (Legislation)
Professional and Other Services $ 10,000 Transport and Communications — Other Expenditures 2,000 Total $ 12,000
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Fitzpatrick, 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:
Tuesday, March 22, 2005
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SEVENTH REPORT
Your Committee recommends a 2.5% economic increase effective April 1, 2004, a 2.4% economic increase effective April 1, 2005, and minor changes to the terms and conditions of employment to unrepresented employees of the Senate Administration.
Respectfully submitted,
GEORGE J. 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.
The Honourable Senator Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its sixth report (budget—study on emerging issues).
(The report is printed as appendix "A'')
The Honourable Senator Banks moved, seconded by the Honourable Senator Ferretti Barth, 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 Fraser, Chair of the Standing Senate Committee on Transport and Communications, presented its fifth report (budget—study on the Canadian news media).
(The report is printed as appendix "B'')
The Honourable Senator Fraser moved, seconded by the Honourable Senator Massicotte, 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 Fraser presented the following:
Tuesday, March 22, 2005
The Standing Senate Committee on Transport and Communications has the honour to present its
SIXTH REPORT
Your Committee, to which was referred Bill C-18, An Act to amend the Telefilm Canada Act and another Act, has, in obedience to the Order of Reference of Wednesday, February 23, 2005, examined the said Bill and now reports the same without amendment. Your Committee appends to this report certain observations relating to the Bill.
Respectfully submitted,
JOAN FRASER
Chair
Observations to the Sixth Report of the Standing Senate Committee on Transport and Communications
Your Committee notes that the Bill does not include specific definitions of the audio-visual and sound recording industries. Your Committee further observes that clarity is always desirable in legislation. Your Committee notes, however, that the Minister has undertaken to include specific definitions in the new Act, which will be forthcoming, to modernize Telefilm Canada.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Mercer, 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 Oliver, Chair of the Standing Senate Committee on National Finance presented its fourth report (Supplementary Estimates "B'' 2004-2005).
(The report is printed as appendix "C'')
With leave of the Senate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Andreychuk, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Oliver, Chair of the Standing Senate Committee on National Finance presented its fifth report (2004-2005 Estimates).
(The report is printed as appendix "D'' )
With leave of the Senate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Comeau, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Oliver, Chair of the Standing Senate Committee on National Finance presented its sixth report (first interim) (2005-2006 Estimates).
(The report is printed as appendix "E'' )
With leave of the Senate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Johnson, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
SPEAKER'S STATEMENT
On Wednesday, March 9, Senator Bryden raised a point of order to complain about sound interference that has been occurring lately several times every sitting day. Some other Senators joined in on the point of order which quickly focused on the growing use of Blackberries in the Chamber as the possible source of the problem.
At the time, I agreed that the problem is an annoyance that can interfere with a Senator's ability to listen and participate in debate. I also said that I would ask the Table to investigate the matter further.
In the time that has lapsed, the Information Systems Directorate has conducted a study of the problem and has prepared a brief report which I have had distributed to all Senators.
Informatics has confirmed that certain types of Blackberries can create problems with the sound system which we use in this Chamber. While I do not pretend to understand all aspects of this problem, it seems to be that certain Blackberries use wireless technology that does cause feedback problems with the Senate sound system. These same Blackberries are causing similar problems in the House of Commons and its committees. As a consequence, the House has issued an instruction to turn off certain Blackberry devices when the Members are in the Chamber or in committees. I do not know if the Senate will want to take the same course of action.
In saying this, I am reminded of the intervention of Senator Joyal on March 9. The Senator correctly cited rule 19(4) prohibiting the introduction of any electronic device which produces any sound. In this case the Blackberries do not actually produce the sound, but cause a sound to be produced by interfering with the Senate's audio system.
For the time being, I would ask Senators to be mindful of the Blackberry models which have been identified by the Information Systems Directorate as the source of this feedback problem. If the Senators who possess Blackberries with the wireless platform that cause interference can turn them off when in the Chamber, it should go some way in reducing the problem of interference. I want Honourable Senators to know that I also intend to bring this matter to the Speakers' Advisory Committee for their advice as to the best approach for establishing an effective solution to this problem.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Pépin, for the 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.
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 Plamondon moved, seconded by the Honourable Senator Trenholme Counsell, that further debate on the motion in amendment 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.
Motions
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That, notwithstanding the Order of the Senate of November 2, 2004, when the Senate sits on Wednesday, March 23, 2005, it continue its proceedings beyond 4 pm and follow the normal adjournment procedure according to rule 6(1); and
That committees of the Senate scheduled to meet on Wednesday, March 23, 2005 be authorized to sit 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.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That, pursuant to rule 95(3), the committees of the Senate scheduled to meet on Thursday, March 24, 2005, be authorized to sit even though the Senate may then be adjourned for a period exceeding a week.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the fourth report of the Standing Senate Committee on National Finance (Supplementary Estimates "B'' 2004-2005) presented in the Senate earlier this day.
The Honourable Senator Oliver, moved, seconded by the Honourable Senator Johnson, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the fifth report of the Standing Senate Committee on National Finance (2004-2005 Estimates) presented in the Senate earlier this day.
The Honourable Senator Oliver, 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 sixth report (first interim) of the Standing Senate Committee on National Finance (2005-2006 Estimates) presented in the Senate earlier this day.
The Honourable Senator Oliver, moved, seconded by the Honourable Senator Comeau, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-14, An Act to protect heritage lighthouses.
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Carney, P.C., that the bill be read the third time.
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. 2 to 10 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 second report of the Special Senate Committee on the Anti-terrorism Act (budget—study on the provisions and operation of the Anti-terrorism Act) presented in the Senate on March 21, 2005.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Pépin, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No.2 to 4 were called and postponed until the next sitting.
Other
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.
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 LeBreton, for the Honourable Senator Di Nino, moved, seconded by the Honourable Senator Keon, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 12, 6 (inquiries), 78, 69 (motions), 11, 2, 13 and 4 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Ferretti Barth:
That, notwithstanding the Order of the Senate adopted on Thursday, November 18, 2004, the Standing Senate Committee on Banking, Trade and Commerce, which was authorized to examine and report on issues dealing with charitable giving in Canada, be empowered to extend the date of presenting its final report from March 31, 2005 to November 30, 2005; and
That the Committee retain until January 31, 2006 all powers necessary to publicize its findings.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson:
That the Senate of Canada calls upon the Government of Canada to establish a specific timetable that will enable Canada to meet its longstanding commitment to provide 0.7 per cent of its Gross National Income as official international development assistance; and
That the Senate of Canada calls upon the Government of Canada to provide funds, within the budgetary process, to achieve this objective at latest by the year 2015, beginning with an immediate 100 per cent increase in official development assistance in the next fiscal year.
After debate,
The Honourable Senator Pearson moved, seconded by the Honourable Senator Poy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That the Senate do now adjourn at pleasure to reassemble at the call of the Chair at approximately 7 p.m.; and
That those committees scheduled to meet this afternoon be authorized to sit while the Senate is adjourned at pleasure.
The question being put on the motion, it was adopted.
(Accordingly, at 5:02 p.m. the sitting was adjourned during pleasure.)
The sitting resumed.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-41, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2005, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, 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-42, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2006, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, 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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the administration of the Canada Small Business Financing Act for the fiscal year ended March 31, 2004, pursuant to the Act, S.C. 1998, c. 36, ss. 18 and 20.—Sessional Paper No. 1/38-424.
Summaries of the Corporate Plan for 2005-2009 and of the Operating and Capital Budgets for 2005 of the Canada Mortgage and Housing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-425.
Report on operations under the Bretton Woods and Related Agreements Act for the year 2004, pursuant to the Act, S.C. 1993, c. 34, s. 11.—Sessional Paper No. 1/38-426.
Report on operations under the European Bank for Reconstruction and Development Agreement Act for the year 2004, pursuant to the Act, S.C. 1993, c. 34, s. 66.—Sessional Paper No. 1/38-427.
Debt Management Strategy for the fiscal year 2005-2006, pursuant to the Financial Administration Act, S.C. 1999, c. 26, s. 23.—Sessional Paper No. 1/38-428.
Summaries of the Corporate Plan for 2005-2009 and of the Capital Budget for 2005 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/38-429.
Report on the administration of student financial assistance programs for the loan year 2002-2003, pursuant to the Canada Student Financial Assistance Act, S.C. 2003, c.15, s. 12.—Sessional Paper No. 1/38-430.
Copy of the Complementary Agreement No. 18 to the James Bay and Northern Quebec Agreement concerning the Inuit of Nunavik, together with a copy of the Order in Council P.C. 2004-1100, dated September 30, 2004, pursuant to the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32, sbs. 5(1).—Sessional Paper No. 1/38-431.
Copy of the Complementary Agreement No. 3 to the Northeastern Quebec Agreement with the Naskapis of Schefferville (Québec), together with a copy of the Order in Council P.C. 2004-1099, dated September 30, 2004, pursuant to the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32, sbs. 5(1).—Sessional Paper No. 1/38-432.
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 7:05 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 name of the Honourable Senator Day substituted for that of the Honourable Senator Hervieux-Payette (March 21).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Lapointe substituted for that of the Honourable Senator Sibbeston (March 21).
The name of the Honourable Senator Léger substituted for that of the Honourable Senator Ringuette (March 22).
Standing Senate Committee on National Finance
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Downe (March 21).
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Mercer (March 22).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Stollery substituted for that of the Honourable Senator Kenny (March 21).
The name of the Honourable Senator Kenny substituted for that of the Honourable Senator Stollery (March 22).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Pearson substituted for that of the Honourable Senator Maheu (March 21).
Standing Committee on Internal Economy, Budgets and Administration
The names of the Honourable Senators Stollery and Kenny substituted for those of the Honourable Senators Kenny and Stollery (March 22).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Hubley and Phalen substituted for those of the Honourable Senators Phalen and Hubley (March 22).