Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 63
Thursday, May 19, 2005
1:30 p.m.
The Honourable Shirley Maheu, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Bacon, Baker, Banks, Buchanan, Callbeck, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Day, De Bané, Di Nino, Doody, Eggleton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Gill, Grafstein, Harb, Hubley, Joyal, Keon, Kinsella, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, McCoy, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Oliver, Pearson, Pépin, Phalen, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Angus, Atkins, *Austin, Bacon, Baker, Banks, *Biron, Buchanan, Callbeck, *Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Day, De Bané, Di Nino, Doody, *Downe, Eggleton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, *Forrestall, Fraser, *Furey, Gill, Grafstein, Harb, *Hays, *Hervieux-Payette, Hubley, Joyal, *Kelleher, *Kenny, Keon, Kinsella, *Kirby, Lavigne, LeBreton, Léger, Losier-Cool, *Lynch-Staunton, Maheu, Mahovlich, McCoy, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Oliver, Pearson, Pépin, Phalen, *Plamondon, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Rompkey, P.C., tabled the following:
Report entitled: The Anti-terrorism Act—Annual Report concerning Investigative Hearings and Recognizance with Conditions (December 24, 2003—December 23, 2004). —Sessional Paper No. 1/38-544.
Report entitled: Annual Report on the Use of Arrests Without Warrant pursuant to the Anti-terrorism Act (2004).—Sessional Paper No. 1/38-545.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Oliver Chair of the Standing Senate Committee on National Finance, tabled its eleventh report (second interim) (2005-2006 Main Estimates—Foundations). —Sessional Paper No. 1/38-546S.
The Honourable Senator Oliver 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 Oliver, Chair of the Standing Senate Committee on National Finance, tabled its twelfth report (third interim) (2005-2006 Main Estimates—Officers of Parliament). —Sessional Paper No. 1/38-547S.
The Honourable Senator Oliver 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 Fairbairn, P.C., Chair of the Standing Senate Committee on Agriculture and Forestry, tabled its seventh report (interim) entitled: Cattle Slaughter Capacity in Canada.—Sessional Paper No. 1/38-548S.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Joyal, 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.
The Honourable Senator Comeau, Chair of the Standing Senate Committee on Fisheries and Oceans, tabled its third report (interim) entitled: Interim Report on Canada's New and Evolving Policy Framework for Managing Fisheries and Oceans.—Sessional Paper No. 1/38-549S.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, 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.
Introduction and First Reading of Government Bills
The Honourable Senator Rompkey, P.C., presented a Bill S-36, An Act to amend the Export and Import of Rough Diamonds Act.
The bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Sibbeston, 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.
The Honourable Senator Rompkey, P.C., presented a Bill S-37, An Act to amend the Criminal Code and the Cultural Property Export and Import Act.
The bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Baker, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Bacon tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Second Part of the 2005 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from April 25 to 29, 2005.—Sessional Paper No. 1/38-550.
The Honourable Senator Cordy tabled the following:
Report of the Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Annual Spring Session of the NATO Parliamentary Assembly, held in Bratislava, Slovakia, from May 28 to June 1, 2004. —Sessional Paper No. 1/38-551.
Report of the Delegation of the Canadian NATO Parliamentary Association respecting its participation at the 50th Annual Session of the NATO Parliamentary Assembly, held in Venice, Italy, from November 12 to 16, 2004.—Sessional Paper No. 1/38-552.
Report of the Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meeting of the Defence and Security Committee, the Economics and Security Committee and the Political Committee, held in Brussels, Belgium, from February 20 to 21, 2005, and at the Annual Economics and Security Committee Consultation with the OECD, held in Paris, France, on February 22, 2005. —Sessional Paper No. 1/38-553.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third 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 Callbeck, 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-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 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.
Second reading of Bill S-33, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts.
The Honourable Senator Munson moved, seconded by the Honourable Senator Mercer, that the bill be read the second time.
After debate,
The Honourable Senator Stratton 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.
Order No. 4 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 14 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Resuming debate on the consideration of the second report of the Standing Senate Committee on Agriculture and Forestry, entitled: Value-added Agriculture in Canada, tabled in the Senate on December 14, 2004.
After debate,
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. 12 (inquiry) and 94 (motion) 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 Fraser, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6 (inquiry), 85, 78 (motions), 11, 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 Fraser calling the attention of the Senate to the work of the IPU.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Ringuette, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 91, 58 (motions), 2, 15, and 4 (inquiries) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Léger called the attention of the Senate to the importance of artistic creation to a nation's vitality and the priority the federal government should give to culture, as defined by UNESCO, in its departments and other agencies under its authority.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator LeBreton, 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., for the Honourable Senator Bacon, moved, seconded by the Honourable Senator Robichaud, P.C.:
That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to invite, when appropriate, the Minister of Justice and Attorney General for Canada, the Minister of Health, their officials, as well as other witnesses to appear before the Committee for the purpose of examining the provisions of the Criminal Code related to mental disorder, and in particular to consider the increasing use of the criminal justice system to address issues of mental health; and
That the Committee continue to monitor developments on the subject and submit a final report to the Senate no later than May 19, 2006.
After debate,
The question being put on the motion, it was adopted.
Ordered, That the Senate do now adjourn at pleasure to reassemble at the call of the chair and that the bells ring for fifteen minutes.
(Accordingly, at 3:08 p.m. the sitting was adjourned during pleasure.)
At 3:31 p.m. the sitting resumed.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-25, An Act to amend the Act of incorporation of The General Synod of the Anglican Church of Canada,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
Ordered, That the Senate do now adjourn at pleasure to reassemble at the call of the chair and that the bells ring for fifteen minutes.
(Accordingly, at 3:32 p.m. the sitting was adjourned during pleasure.)
At 4:30 p.m. the sitting resumed.
WRITTEN DECLARATION OF ROYAL ASSENT
At 4:30 p.m. the Honourable the Speaker pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
May 19, 2005
Mr. Speaker:
I have the honour to inform you that the Honourable Morris Fish, 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 bills listed in the Schedule to this letter on the 19th day of May, 2005, at 4:05 p.m.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, May 19, 2005
An Act to amend the Criminal Code (mental disorder) and to make consequential amendments to other Acts (Bill C-10, Chapter 22, 2005)
An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999 (Bill C-15, Chapter 23, 2005)
An Act to amend the Canada Grain Act and the Canada Transportation Act (Bill C-40, Chapter 24, 2005)
An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act (Bill C-13, Chapter 25, 2005)
An Act to amend the Act of incorporation of The General Synod of the Anglican Church of Canada (Bill S-25)
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 Robichaud, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, May 31, 2005 at 2 p.m.
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 Canadian Environmental Protection Act for the fiscal year ended March 31, 2004, pursuant to the Act, S.C. 1999, c. 33, sbs. 342(1).—Sessional Paper No. 1/38-535.
Report of the Species at Risk Act for the period of June 2003 to December 2004, pursuant to the Act, S.C. 2002, c. 29, s. 126. —Sessional Paper No. 1/38-536.
Summaries of the Corporate Plan and of the Operating and Capital Budgets for 2005-2006 to 2009-2010 and of the Operating and Capital Budgets for 2005-2006 of the National Capital Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-537.
Summaries of the Corporate Plan for 2005-2006 to 2009-2010 and of the Operating and Capital Budgets for 2005- 2006 of the Canada Science and Technology Museum Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-538.
Summaries of the Corporate Plan for 2005-2006 to 2009-2010 and of the Operating and Capital Budgets for 2005- 2006 of the Canadian Museum of Nature, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-539.
Summaries of the Corporate Plan for 2005-2006 to 2009-2010 and of the Operating and Capital Budgets for 2005- 2006 of the Canadian Museum of Civilization Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/38-540.
Summaries of the Corporate Plan and of the Operating and Capital Budgets for 2005-2006 to 2009-2010 of the National Gallery of Canada and its affiliate, the Canadian Museum of Contemporary Photography, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-541.
Summaries of the Corporate Plan for 2002-06 and of the Operating and Capital Budgets for 2002 of VIA Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/ 38- 542.
Summaries of the Corporate Plan for 2005-2006 to 2009-2010 and of the Operating and Capital Budgets for 2005- 2006 of the Canada Lands Company Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-543.
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 4:36 p.m. the Senate was continued until Tuesday, May 31, 2005 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Human Rights
The name of the Honourable Senator Baker substituted for that of the Honourable Senator Pépin (May 18).
Standing Senate Committee on Fisheries and Oceans
The name of the Honourable Senator De Bané substituted for that of the Honourable Senator Cowan (May 19).