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Journals of the Senate

56 Elizabeth II, A.D. 2007, Canada

Journals of the Senate

1st Session, 39th Parliament


Issue 66

Tuesday, February 6, 2007
2:00 p.m.

The Honourable Rose-Marie Losier-Cool, Speaker pro tempore


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Carney, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Gill, Goldstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Joyal, Keon, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Munson, Murray, Nolin, Oliver, Pépin, Phalen, Poulin (Charette), Poy, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Carney, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Gill, Goldstein, *Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Joyal, Keon, *Kinsella, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Munson, Murray, *Nancy Ruth, Nolin, Oliver, Pépin, Phalen, Poulin (Charette), Poy, *Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, *Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell

The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Losier-Cool, Speaker pro tempore, took the Chair, pursuant to rule 11.

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill S-1001, An Act respecting Scouts Canada,

And to acquaint the Senate that the Commons has passed this bill, without amendment.

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 LeBreton, P.C., seconded by the Honourable Senator Comeau, for the second reading of Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure).

After debate,

The Honourable Senator Hervieux-Payette, P.C., for the Honourable Senator Furey, moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Carstairs, Chaput, Cook, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Downe, Dyck, Fairbairn, Fox, Fraser,Gill, Harb, Hays, Hervieux-Payette, Hubley, Joyal, Lovelace Nicholas, Mahovlich, Merchant, Milne, Munson, Phalen, Poulin, Poy, Ringuette, Robichaud, Rompkey, Spivak, Stollery, Tardif, Trenholme Counsell—42

NAYS

The Honourable Senators

Andreychuk, Carney, Cochrane, Comeau, Di Nino, Gustafson, Keon, LeBreton, Meighen, Nolin, Oliver, Segal, St. Germain , Stratton, Tkachuk—15

ABSTENTIONS

The Honourable Senators

Cools—1

Orders No. 3 and 4 were called and postponed until the next sitting.

Reports of Committees

Order No. 1 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 4 were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Carstairs, P.C., for the second reading of Bill S-215, An Act to amend the Income Tax Act in order to provide tax relief.

After debate,

The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, 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 S-222, An Act to amend the Immigration and Refugee Protection Act and to enact certain other measures, in order to provide assistance and protection to victims of human trafficking.

The Honourable Senator Phalen moved, seconded by the Honourable Senator Day, that the bill be read the second time.

After debate,

The Honourable Senator Moore, for the Honourable Senator Jaffer, moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting.

A point of order was raised with respect to the adjournment motion.

After debate,

The Speaker pro tempore reserved her decision.

The question then being put on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting, it was adopted.

Reports of Committees

Order No. 1 was called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Fraser, for the adoption of the second report of the Special Senate Committee on Senate Reform (motion to amend the Constitution of Canada (western regional representation in the Senate), without amendment but with observations), presented in the Senate on October 26, 2006;

And on the motion in amendment of the Honourable Senator Tkachuk, seconded by the Honourable Senator Campbell, that the second report of the Special Senate Committee on Senate Reform be not now adopted but that the motion to amend the Constitution of Canada (western regional representation in the Senate), be amended as follows:

(a) by replacing, in the third paragraph of the motion, the words "British Columbia be made a separate division represented by 12 Senators;'' with the following:

"British Columbia be made a separate division represented by 24 Senators;'';

(b) by replacing, in clause 1 of the Schedule to the motion, in section 21, the words "consist of One hundred and seventeen Members'' with the following:

"consist of One hundred and twenty-nine Members'';

(c) by replacing, in clause 1 of the Schedule to the motion, in section 22, the words "British Columbia by Twelve Senators;'' with the following:

"British Columbia by Twenty-four Senators;'';

(d) by striking out, in clause 2 of the Schedule to the motion, in section 27, the words "or, in the case of British Columbia, Twelve Senators,''; and

(e) by replacing, in clause 2 of the Schedule to the motion, in section 28, the words "exceed One hundred and twenty-seven.'' with the following:

"exceed One hundred and thirty-nine.''.

After debate,

The Honourable Senator Nolin moved, seconded by the Honourable Senator Oliver, that further debate on the motion in amendment be adjourned until the next sitting.

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

Orders No. 3 to 6 were called and postponed until the next sitting.

Consideration of the fifth report of the Standing Senate Committee on Aboriginal Peoples entitled: Negotiation or Confrontation: It's Canada's Choice, tabled in the Senate on December 12, 2006.

The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Segal:

That the fifth report of the Standing Senate Committee on Aboriginal Peoples entitled Negotiation or Confrontation: It's Canada's Choice, tabled in the Senate on December 12, 2006, be adopted and that, pursuant to Rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Indian Affairs and the Minister of Justice being identified as Ministers responsible for responding to the report.

After debate,

The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that further debate on the motion be adjourned until the next sitting.

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

Other

Orders No. 14, 19, 11 (inquiries), 5 and 81 (motions) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Tkachuk, for the Honourable Senator Segal, seconded by the Honourable Senator Stratton:

That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine and report on the effectiveness of Canada's promotion of democratic development abroad; the role of the Parliament of Canada in this context; and

That the Committee shall present its final report no later than December 31, 2007, and that the Committee shall retain all powers necessary to publicize the findings of the Committee as set forth in its final report until March 31, 2008.

After debate,

The Honourable Senator Corbin 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. 18, 23, 9 (inquiries), 92 (motion), 8, 12 (inquiries) and 104 (motion) were called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Dallaire calling the attention of the Senate to the situation in the Darfur region of Sudan and the importance of Canada's commitment to the people of this war-torn country.

After debate,

The Honourable Senator Tardif 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. 119 (motion), 20 and 15 (inquiries) were called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Dallaire, calling the attention of the Senate to the final phase of the restoration of the Canadian National Vimy Memorial, begun in 2001 under the auspices of the Canadian Battlefield Memorials Restoration Project.

After debate,

The Honourable Senator Meighen moved, seconded by the Honourable Senator Segal, that further debate on the inquiry 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 Mitchell calling the attention of the Senate to the stated intention of the Canadian government to weaken the Kyoto Protocol, and to dismantle 15 climate change programs, including the One-Tonne Challenge and the EnerGuide program.

After debate,

The Honourable Senator Tardif moved, seconded by the Honourable Senator Milne, 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 Canadian Intellectual Property Office, together with the Auditors' Report, for the fiscal year ended March 31, 2006, pursuant to the Patent Act, R.S.C. 1985, c. P-4, s. 26. —Sessional Paper No. 1/39-650.

Summary of the Corporate Plan for 2006-2010 of the Canadian Tourism Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-651.

Summary of the Corporate Plan for 2007-2011 of the Canadian Tourism Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-652.

ADJOURNMENT

The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:

That the Senate do now adjourn.

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

(Accordingly, at 5:52 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 Aging

The name of the Honourable Senator Johnson removed from the membership (February 1).

Standing Senate Committee on Banking, Trade and Commerce

The names of the Honourable Senators Massicotte and Moore substituted for those of the Honourable Senators Chaput and Campbell (February 1).

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Kenny substituted for that of the Honourable Senator Peterson (February 1).

Standing Senate Committee on Human Rights

The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Pépin (February 1).

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Munson substituted for that of the Honourable Senator Mercer (February 1).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Munson substituted for that of the Honourable Senator Trenholme Counsell (February 1).

The name of the Honourable Senator Carstairs substituted for that of the Honourable Senator Zimmer (February 5).

Standing Senate Committee on National Finance

The names of the Honourable Senators Segal and Oliver substituted for those of the Honourable Senators Nancy Ruth and Di Nino (February 5).

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Merchant substituted for that of the Honourable Senator Peterson (February 5).

The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Mercer (February 6).

Standing Senate Committee on Foreign Affairs and International Trade

The name of the Honourable Senator Merchant substituted for that of the Honourable Senator Mitchell (February 5).

Committee of Selection

The name of the Honourable Senator Cowan substituted for that of the Honourable Senator Cook (February 5).


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