Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 94
Tuesday, November 1, 2005
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Bryden, Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dyck, Eggleton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Mitchell, Moore, Murray, Nancy Ruth, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Prud'homme, Rivest, Robichaud, Rompkey, St. Germain, Segal, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Bryden, Callbeck, Carney, Carstairs, *Champagne, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, *Dallaire, Dawson, Day, De Bané, Di Nino, *Downe, Dyck, Eggleton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fox, Fraser, Furey, *Gill, Goldstein, Grafstein, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Maheu, Mahovlich, Massicotte, Meighen, Mercer, *Milne, Mitchell, Moore, Murray, Nancy Ruth, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), *Poy, Prud'homme, *Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, *Sibbeston, *Smith, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Rompkey, P.C., tabled the following:
First report of the Commission of Inquiry into the Sponsorship Program and Advertising Activities (Gomery Commission), entitled: Who Is Responsible? (Summary—Fact Finding Report—Forensic Audit), dated November 1, 2005.—Sessional Paper No. 1/38-862.
Annual Report to Parliament on Immigration for the year 2005, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 94(1).—Sessional Paper No. 1/38-863.
Departmental Performance Reports for the period ended March 31, 2005:
Agriculture and Agri-Food Canada
Atlantic Canada Opportunities Agency
Canada Border Services Agency
Canada Customs and Revenue Agency
Canada Firearms Centre
Canada Industrial Relations Board
Canada School of Public Service
Canadian Artists and Producers Professional Relations Tribunal
Canadian Centre for Occupational Health and Safety
Canadian Environmental Assessment Agency
Canadian Food Inspection Agency
Canadian Forces Grievance Board
Canadian Grain Commission
Canadian Heritage
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Canadian Institutes of Health Research
Canadian Intergovernmental Conference Secretariat
Canadian International Development Agency
Canadian International Trade Tribunal
Canadian Nuclear Safety Commission
Canadian Radio-television and Telecommunications Commission
Canadian Space Agency
Canadian Transportation Agency
Citizenship and Immigration Canada
Commission for Public Complaints Against the Royal Canadian Mounted Police
Competition Tribunal
Copyright Board Canada
Correctional Service Canada
Courts Administration Service
Department of Finance Canada
Department of Foreign Affairs and International Trade Canada (Foreign Affairs)
Department of Foreign Affairs and International Trade Canada (International Trade)
Department of Justice Canada
Economic Development Agency of Canada for the Regions of Quebec
Environment Canada
Financial Transactions and Reports Analysis Centre of Canada
Fisheries and Oceans Canada
Hazardous Materials Information Review Commission Canada
Health Canada
Human Resources and Skills Development Canada
Immigration and Refugee Board
Indian and Northern Affairs Canada and Canadian Polar Commission
Indian Residential Schools Resolution Canada
Industry Canada
Infrastructure Canada
Law Commission of Canada
Library and Archives Canada
Military Police Complaints Commission of Canada
NAFTA Secretariat, Canadian Section
National Defence
National Energy Board
National Film Board of Canada
National Parole Board
National Research Council Canada
National Round Table on the Environment and the Economy
Natural Resources Canada
Natural Sciences and Engineering Research Council of Canada
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs
Office of the Commissioner of Official Languages
Office of the Superintendent of Financial Institutions Canada
Offices of the Information and Privacy Commissioners of Canada
Parks Canada
Patented Medicine Prices Review Board Canada
Privy Council Office
Public Health Agency of Canada
Public Safety and Emergency Preparedness Canada
Public Service Commission of Canada
Public Service Human Resources Management Agency of Canada
Public Service Labour Relations Board
Public Works and Government Services Canada
RCMP External Review Committee
Royal Canadian Mounted Police
Security Intelligence Review Committee
Social Development Canada
Social Sciences and Humanities Research Council of Canada
Statistics Canada
Status of Women Canada
Supreme Court of Canada
The Correctional Investigator
The National Battlefields Commission
Transport Canada
Transportation Appeal Tribunal of Canada
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Veterans Affairs Canada
Western Economic Diversification Canada.—Sessional Paper No. 1/38-864.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kenny presented the following:
Tuesday, November 1, 2005
The Standing Senate Committee on National Security and Defence has the honour to present its
FIFTEENTH REPORT
Your Committee, to which was referred Bill C-26, An Act to Establish the Canada Border Services Agency, has, in accordance to the Order of Reference of June 29, 2005, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
COLIN KENNY
Chair
Observations to the Fifteenth Report of the
Standing Senate Committee on
National Security and Defence
The Committee adopted Bill C-26, An Act to establish the Canada Border Services Agency, without amendment. However, during its consideration of the Bill, Committee members expressed concern with regard to clauses 15.1 (1) and 15.1 (2).
The Committee questioned the effect of Clause 15.1 (2) on Clause 15.1 (1) and on the Minister's stated goal of improving transparency and openness within her department and its portfolio agencies.
The Committee supports the obligation to report to Parliament annually on the operations and performance of the Canada Border Services Agency as is imposed by Clause 15.1 (1). The Committee's concern centres on whether the type of annual report that may be required by Treasury Board, which Clause 15.1(2) states may satisfy the obligation imposed by Clause 15.1(1), is an adequate vehicle for such reporting.
Specifically, the Committee questions whether a Treasury Board-mandated report would include sufficient data on issues such as critical incidents faced by Border Services Officers, indeterminate vs. temporary staffing levels by Port of Entry, and traffic volume by Port of Entry. The Committee recommended that the Canada Border Services Agency increase the data being reported to Parliament annually in the Committee's June 2005 report, Borderline Insecure.1
The Minister stated that she was open to considering an additional report to Parliament, in addition to that which is required by Treasury Board. The Committee expects the Minister to consider this option seriously.
Senator Michael Forrestall questioned Minister of Public Safety and Emergency Preparedness Canada Anne McLellan with regard to the need for greater transparency and the adequacy of current reports to Parliament. Their exchange follows:
Senator Forrestall: Minister, we are talking a lot today about transparency and openness. You may recall, during the debate in the Senate chamber, some of us expressed concern about the absence of provision for an annual report. The suggestion from the government was that the report by Treasury Board be considered the annual report of the Border Services Agency. I ask whether or not you might have had a change of heart; and, if so, in light of the need for apparent transparency —
Ms. McLellan: Are you asking if I, as minister, would submit an annual report to Parliament?
Senator Forrestall: I would submit that the agency should submit an annual report to Parliament through you.
Ms. McLellan: It is being done. Mr. Jolicoeur tells me that.
Mr. Jolicoeur: There was an amendment to our legislation to ensure that we would provide that report to Parliament. It is done through the normal Treasury Board initiative of asking each department to provide the departmental performance report.
Senator Forrestall: That is not quite good enough. Your report has been filtered through another hand before it comes to the public. In fairness to the proposition of fairness and transparency and openness, I think you should be seen to be speaking for yourselves.
Ms. McLellan: Can I take that back and think about it in the next day or so?
Senator Forrestall: I wish you would.
Ms. McLellan: I will.
Source: Senate Standing Committee on National Security and Defence, Unrevised Evidence (October 31, 2005).
1 Senate Standing Committee on National Security and Defence, Borderline Insecure (June 2005), 35.
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, 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.
Presentation of Petitions
The Honourable Senator Kinsella presented petitions:
Of Residents of the Province of Ontario concerning the treatment of Autism.
The Honourable Senator Meighen presented petitions:
Of Residents of Canada concerning LNG tankers.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Mercer, seconded by the Honourable Senator Goldstein, for the second reading of Bill C-28, An Act to amend the Food and Drugs 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 Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Cordy, for the second reading of Bill C-49, An Act to amend the Criminal Code (trafficking in persons).
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 Fox, P.C., 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.
Resuming debate on the motion of the Honourable Senator Peterson, seconded by the Honourable Senator Zimmer, for the second reading of Bill C-25, An Act governing the operation of remote sensing space systems.
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 Pearson, that the bill be referred to the Standing Senate Committee on Foreign Affairs.
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Eggleton, P.C.:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (A) for the fiscal year ending March 31, 2006.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Second reading of Bill S-45, An Act to amend the Canadian Human Rights Act.
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Meighen, that the bill be read the second 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. 4 and 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Ferretti Barth, for the second reading of Bill S-43, An Act to amend the Criminal Code (suicide bombings).
After debate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Cordy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 7 to 15 were called and postponed until the next sitting.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Other
Resuming debate on the motion of the Honourable Senator Stratton, seconded by the Honourable Senator LeBreton:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report upon the state of preparedness for a pandemic on the part of the Canadian Government and in particular on measures that Canadians and Canadian businesses and organizations can take to prepare for a pandemic; and
That the Committee submit its report no later than December 8, 2005.
The question being put on the motion, it was adopted.
Orders No. 2, 32 (inquiries), 130, 119, 126 (motions), 23, 4, 27 (inquiries), 127 (motion), 24 (inquiry) and 120 (motion) were called and postponed until the next sitting.
Order No. 18 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
Resuming debate on the motion of the Honourable Senator Poulin, seconded by the Honourable Senator Poy:
That a Special Committee of the Senate be appointed to examine the growing gap between regional and urban Canada;
That research be gathered to consolidate and update current facts and figures regarding this gap;
That testimony be heard to provide an overview of the challenges facing regional areas in several socio-economic areas as transportation, communications, employment, the environment;
That this special committee be authorized to hear testimony in Ottawa and in regions;
That this Special committee be comprised of five members, and that three members constitute a quorum; and that two members be sufficient for the purposes of hearing witnesses;
That the committee be authorized to send for persons, papers and records, whenever required, and to print from day to day such papers and evidence as may be ordered by it;
That, pursuant to rule 95(3), the committee be authorized to meet even though the Senate may then be adjourned;
That the committee be authorized to permit coverage by electronic media of its public proceedings, with the least possible disruption of the hearings;
That the committee submit its final report no later than June 30, 2006, and that the committee retain all powers necessary to publicize its findings until September 30, 2006;
That the committee be permitted, notwithstanding usual practices, to deposit its reports with the Clerk of the Senate if the Senate is not then sitting, and that any report so deposited be deemed to have been tabled in the Chamber.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Callbeck moved, seconded by the Honourable Senator Joyal, 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. 21, 22 (inquiries), 78 (motion), 14, 20 (inquiries) and 69 (motion) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Andreychuk called the attention of the Senate to the failure of the government to address the issue of climate change in a meaningful, effective and timely way and, in particular, to the lack of early government action to attempt to reach the targets set in the Kyoto Protocol.
After debate,
The Honourable Senator Rompkey, P.C., for the Honourable Senator McCoy moved, seconded by the Honourable Senator Losier-Cool, that further debate on the inquiry be adjourned until 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 of the Association of Canada Lands Surveyors for the year ended December 31, 2005, pursuant to the Canada Land Surveyors Act, S.C. 1998, c. 14, sbs. 70(2).—Sessional Paper No. 1/38-855.
Report of the Security Intelligence Review Committee for the fiscal year ended March 31, 2005, pursuant to the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23, s. 53. —Sessional Paper No. 1/38-856.
Regulations Amending the Official Languages (Communication with and Services to the Public) Regulations (JUS- 607874), pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th supp.), sbs. 85(1).—Sessional Paper No. 1/38- 857.
Report of the Canadian International Trade Tribunal entitled ``Market Disruption Safety Inquiry into Barbecues Originating in the People's Republic of China'', (Safeguard Inquiry No. CS-2005-001), pursuant to the Canadian International Trade Tribunal Act, S.C. 2002, c.19, s. 4.—Sessional Paper No. 1/38-858.
Report of the Canada Customs and Revenue Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2005, pursuant to the Canada Customs and Revenue Agency Act, S.C. 1999, c. 17, sbs. 88(1).—Sessional Paper No. 1/38-859.
Proposed Protection of Passenger Information Regulations (JUS-607049), pursuant to the Immigration and Refugee Protection Act, S.C. 2004, c. 15, s. 70.—Sessional Paper No. 1/38-860.
Report of the Canadian Dairy Commission, together with the Auditor General's Report, for the year ended July 31, 2005, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/38-861.
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 5:02 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Special Senate Committee on the Anti-terrorism Act
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Smith (October 27).
The name of the Honourable Senator Smith substituted for that of the Honourable Senator Chaput (November 1).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Watt substituted for that of the Honourable Senator Fitzpatrick (October 31).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Fitzpatrick substituted for that of the Honourable Senator Goldstein (October 31).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Phalen substituted for that of the Honourable Senator Robichaud (October 31).