Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 76
Thursday, June 23, 2005
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Atkins, Austin, Bacon, Baker, Banks, Bryden, Buchanan, Callbeck, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, De Bané, Di Nino, Doody, Downe, Eggleton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Grafstein, Harb, Hays, Hervieux-Payette, Joyal, Kelleher, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Maheu, Massicotte, Mercer, Mitchell, Murray, Nancy Ruth, Pearson, Pépin, Peterson, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Smith, Spivak, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, *Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Bryden, Buchanan, Callbeck, *Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, De Bané, Di Nino, Doody, Downe, Eggleton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Grafstein, Harb, Hays, Hervieux-Payette, Joyal, Kelleher, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Maheu, *Mahovlich, Massicotte, Mercer, *Milne, Mitchell, Murray, Nancy Ruth, Pearson, Pépin, Peterson, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Smith, Spivak, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
PRAYERS
The Senate observed a minute of silence in memory of the twentieth anniversary of the Air India tragedy.
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
First Annual Report on Democratic Reform (June 22, 2005). —Sessional Paper No.1/38-633.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Grafstein presented the following:
Thursday, June 23, 2005
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
SIXTEENTH REPORT
Your Committee, to which was referred Bill S-19, An Act to amend the Criminal Code (criminal interest rate), has, in obedience to the Order of Reference of Tuesday, December 7, 2004, examined the said Bill and now reports the same with the following amendment:
Page 1, clause 1:
(a) Replace line 4 with the following:
"1. (1) The definitions "criminal rate'' and''; and
(b) Add after line 32 the following:
"(2) Section 347 of the Act is amended by adding the following after subsection (8):
(9) This section does not apply to any agreement or arrangement under which the credit advanced exceeds one hundred thousand dollars.''.
Respectfully submitted,
JERAHMIEL S. GRAFSTEIN
Chair
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Plamondon, 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., presented the following:
Thursday, June 23, 2005
The Standing Senate Committee on Agriculture and Forestry has the honour to present its
EIGHTH REPORT
Your Committee, to which was referred Bill S-38, An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries, has, in obedience to the Order of Reference of Wednesday, June 15, 2005, examined the said Bill and now reports the same with the following amendments:
1. Page 2, clause 3, replace lines 3 to 9 with the following:
"3. (1) No person shall use the name of a spirit drink referred to in sections 1 to 5 of the schedule to sell a product as a spirit drink except in accordance with those sections.
(2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada.
(3) Subsection (1) does not prevent the use of any registered trademark that was applied for before January 1, 1996. ".
2. Page 2, add after line 9, the following:
"3.1 (1) No person shall use the name of a spirit drink referred to in sections 6 to 14 of the schedule to sell a product as that spirit drink except in accordance with those sections.
(2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada. ".
3. Page 6, replace sections 1 to 7 of the schedule, with the following:
"1. (1) A spirit drink may be sold using the name Grappa if it has been produced exclusively in Italy.
(2) A spirit drink may be sold using the name Grappa di Ticino if it has been produced in the Ticino region of Switzerland.
2. A spirit drink may be sold using the name Jägertee, Jagertee or Jagatee if it has been produced exclusively in Austria.
3. A spirit drink may be sold using the name Korn or Kornbrand if it has been produced exclusively in Germany or Austria.
4. A spirit drink may be sold using the name Ouzo or Ouzo if it has been produced exclusively in Greece.
5. A spirit drink may be sold using the name Pacharán if it has been produced exclusively in Spain.
6. Scotch whisky may be sold under that name if it has been distilled in Scotland as Scotch whisky for domestic consumption in accordance with the laws of the United Kingdom.
7. Irish whisky may be sold under that name if it has been distilled in Northern Ireland or in the Republic of Ireland as Irish whisky for domestic consumption in accordance with the laws of Northern Ireland or the Republic of Ireland.''.
Respectfully submitted,
JOYCE FAIRBAIRN
Chair
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Cowan, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 10 were called and postponed until the next sitting.
Ordered, That notwithstanding rule 27(3), Order No. 11 (Bill S-32) remain on the Order Paper for another fifteen consecutive sitting days.
Commons Public Bills
Second reading of Bill C-259, An Act to amend the Excise Tax Act (elimination of excise tax on jewellery).
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Keon, that the bill be read the second time.
After debate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Robichaud, 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
Orders No. 1 and 2 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Corbin, seconded by the Honourable Senator Poulin, that the Sixth Report of the Standing Senate Committee on Official Languages, entitled French-Language Education in a Minority Setting: A Continuum from Early Childhood to the Postsecondary Level, tabled in the Senate on June 14, 2005, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Canadian Heritage, the Minister of Social Development, the Minister of Justice and the Minister responsible for Official Languages being identified as Ministers responsible for responding to the report.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Murray, 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. 4 to 8 were called and postponed until the next sitting.
Other
Orders No. 18 (inquiry), 113 (motion), 6 (inquiry), 85 (motion), 23, 2, 25, 17, 26, 11, 15 (inquiries), 91 (motion), 4, 24, 21, 22 and 12 (inquiries) were called and postponed until the next sitting.
Ordered, That notwithstanding rule 27(3), Order No. 78 (motion) remain on the Order Paper for another fifteen consecutive sitting days.
Orders No. 14, 20 (inquiries) and 69 (motion) were called and postponed until the next sitting.
Ordered, That the Senate do now adjourn at pleasure to reassemble at the call of the chair and that the bells ring for five minutes.
(Accordingly, at 3:11 p.m. the sitting was adjourned during pleasure.)
At 4:55 p.m. the sitting resumed.
WRITTEN DECLARATION OF ROYAL ASSENT
At 4:55 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
June 23, 2005
Mr. Speaker:
I have the honour to inform you that the Right Honourable Adrienne Clarkson, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 23rd day of June, 2005, at 4:10 p.m.
Yours sincerely,
Curtis Barlow
Deputy Secretary Policy, Program and Protocol
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, June 23, 2005
An Act to establish the Economic Development Agency of Canada for the Regions of Quebec (Bill C-9, Chapter 26, 2005)
An Act to give effect to the Labrador Inuit Land Claims Agreement and the Labrador Inuit Tax Treatment Agreement (Bill C-56, Chapter 27, 2005)
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2006 (Bill C-58, Chapter 28, 2005)
An Act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act (Bill C-3, Chapter 29, 2005)
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That when the Senate adjourns today, it do stand adjourned until Tuesday, June 28, 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):
Actuarial Report (including the certificate of assets) on the Pension Plan for the Members of Parliament for the fiscal year ended March 31, 2004, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c.13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 1/38-624.
Reports of the Treasury Board of Canada Secretariat 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- 625.
Reports of the Public Service Integrity Officer 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. 1/38-626.
Reports of Parks Canada Agency 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. 1/38-627.
Summaries of the Corporate Plan for the period 2004-2005 and of the Operating and Capital Budgets for 2004-2005 of the Parc Downsview Park Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-628.
Reports of the Immigration and Refugee Board 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. 1/38-629.
Reports of Citizenship and Immigration 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. 1/38-630.
Report of the Canadian Tourism Commission for the year ended December 31, 2004, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/38-631.
Reports of the Natural Sciences and Engineering Research Council of 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. 1/38-632.
ADJOURNMENT
The Honourable Senator Robichaud, 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 5:02 p.m. the Senate was continued until Tuesday, June 28, 2005 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The names of the Honourable Senators Chaput, Robichaud, Callbeck, Gill and Hubley substituted for those of the Honourable Senators Gill, Hubley, Ringuette, Chaput and Robichaud (June 22).
Standing Senate Committee on National Finance
The name of the Honourable Senator Tardif substituted for that of the Honourable Senator Biron (June 21).
The name of the Honourable Senator Tkachuk substituted for that of the Honourable Senator Comeau (June 22).
Standing Senate Committee on Aboriginal Peoples
The names of the Honourable Senators Christensen and Léger substituted for those of the Honourable Senators Adams and Rompkey (June 22).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Johnson substituted for that of the Honourable Senator Lynch-Staunton (June 22).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Johnson (June 22).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Baker substituted for that of the Honourable Senator Moore (June 22).