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Journals of the Senate

54 Elizabeth II, A.D. 2005, Canada

Journals of the Senate

1st Session, 38th Parliament


Issue 60

Monday, May 16, 2005
6:00 p.m.

The Honourable Daniel Hays, Speaker


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Callbeck, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Downe, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gill, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lapointe, LeBreton, Léger, Losier-Cool, Maheu, McCoy, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Oliver, Pearson, Pépin, Phalen, Poy, Prud'homme, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Callbeck, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Downe, Fairbairn, Ferretti Barth, Finnerty, *Forrestall, Fraser, Furey, Gill, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, *Kenny, *Keon, Kinsella, *Kirby, Lapointe, LeBreton, Léger, Losier-Cool, Maheu, McCoy, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, *Nolin, Oliver, Pearson, Pépin, Phalen, Poy, Prud'homme, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell

PRAYERS

SENATORS' STATEMENTS

Some honourable senators made statements.

DAILY ROUTINE OF BUSINESS

Introduction and First Reading of Government Bills

The Honourable Senator Rompkey, P.C., presented a Bill S-33, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts.

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.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Cools presented a Bill S-34, An Act to amend the Department of Justice Act and the Supreme Court Act to remove certain doubts with respect to the constitutional role of the Attorney General of Canada and to clarify the constitutional relationship between the Attorney General of Canada and Parliament.

The bill was read the first time.

The Honourable Senator Cools moved, seconded by the Honourable Senator LeBreton, 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.

Notices of Motions

With leave of the Senate,

The Honourable Senator Bacon moved, seconded by the Honourable Senator Joyal, P.C.:

That the Standing Senate Committee on Legal and Constitutional Affairs have the power to sit at 4:00 p.m. tomorrow, Tuesday, May 17, 2005, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

After debate,

The question being put on the motion, it was adopted, on division.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third 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 Joyal, P.C., 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.

Second reading of Bill C-13, An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act.

The Honourable Senator Pearson moved, seconded by the Honourable Senator Poy, 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 Pearson moved, seconded by the Honourable Senator Gill, 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.

Second reading of Bill S-31, An Act to authorize construction and maintenance of a bridge over the St. Lawrence River and a bridge over the Beauharnois Canal for the purpose of completing Highway 30.

The Honourable Senator De Bané, P.C., moved, seconded by the Honourable Senator Smith, P.C., that the bill be read the second time.

After debate,

The Honourable Senator Stratton, for the Honourable Senator Nolin, 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.

Second reading of Bill C-40, An Act to amend the Canada Grain Act and the Canada Transportation Act.

The Honourable Senator Mitchell moved, seconded by the Honourable Senator Downe, 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 Mitchell moved, seconded by the Honourable Senator Cowan, that the bill be referred to the Standing Senate Committee on Agriculture and Forestry.

The question being put on the motion, it was adopted.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 14 were called and postponed until the next sitting.

Reports of Committees

Resuming debate on the motion of the Honourable Senator Smith, P.C., seconded by the Honourable Senator Robichaud, P.C., for the adoption of the third report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Conflict of Interest Code for Senators), tabled in the Senate on May 11, 2005.

After debate,

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., 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 and 3 were called and postponed until the next sitting.

Other

Orders No. 6 (inquiry), 85 and 78 (motions) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Stratton:

That the Senate call on the Government of Canada to support the request of the Government of Taiwan to obtain observer status at the World Health Organization.

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. 11 (inquiry), 82 (motion), 14, 20, 16 (inquiries), 69 (motion) and 18 (inquiry) were called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Mitchell calling the attention of the Senate to the Province of Alberta and the role it plays in Canada.

After debate,

The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Hubley, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Orders No. 22 (inquiry), 91, 58 (motions), 2, 15, 4 and 12 (inquiries) were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Banks moved, seconded by the Honourable Senator Moore:

That the Standing Senate Committee on Energy, the Environment and Natural Resources be instructed to meet at 9:00 a.m. on Tuesday May 17, 2005 for the purpose of clause-by-clause study of Bill C-15.

The question being put on the motion, it was adopted.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Order amending Part I of Schedule I to the Hazardous Products Act (Surface Coating Materials), pursuant to the Act, R.S.C. 1985, c. H-3, sbs. 7(1).—Sessional Paper No. 1/38-527.

Report of Farm Credit Canada for the fiscal year ended March 31, 2005, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/38-528.

Reports of Farm Credit Canada for the fiscal year ended March 31, 2005, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/38-529.

Employment Insurance Monitoring and Assessment Report for the fiscal year ended March 31, 2004, pursuant to the Employment Insurance Act, S.C. 1996, c. 23, sbs. 3(3).—Sessional Paper No. 1/38-530.

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 8:29 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 Energy, the Environment and Natural Resources

The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Kenny (May 12).

Standing Senate Committee on Human Rights

The name of the Honourable Senator Baker substituted for that of the Honourable Senator Pépin (May 12).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Banks (May 12).

Standing Senate Committee on National Finance

The name of the Honourable Senator Comeau substituted for that of the Honourable Senator Kinsella (May 12).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Trenholme Counsell substituted for that of the Honourable Senator Milne (May 12).


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