Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 76
Wednesday, February 28, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Banks, Biron, Bryden, Callbeck, Campbell, Carney, Carstairs, Champagne, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Fairbairn, Fitzpatrick, Fortier, Fox, Furey, Gill, Goldstein, Grafstein, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Keon, Kinsella, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Merchant, Milne, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Banks, Biron, Bryden, Callbeck, Campbell, Carney, Carstairs, Champagne, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Fairbairn, Fitzpatrick, Fortier, Fox, Furey, Gill, Goldstein, Grafstein, Gustafson, *Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Keon, Kinsella, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Merchant, Milne, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, St. Germain, Segal, *Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey, Chair of the Standing Committee on Internal Economy, Budgets and Administration presented its thirteenth report (Senate Estimates 2007-2008).
(The report is printed as an appendix)
The Honourable Senator Furey moved, seconded by the Honourable Senator Phalen, 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
A message was brought from the House of Commons with a Bill C-37, An Act to amend the law governing financial institutions and to provide for related and consequential matters, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, 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 Milne tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association, respecting its participation at the meeting of the Committee on Economic Affairs and Development of the Parliamentary Assembly of the Council of Europe, held in London, United Kingdom, on January 18 and 19, 2007, and its participation at the first part of the 2007 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from January 22 to 26, 2007.—Sessional Paper No. 1/39-687.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Eyton, seconded by the Honourable Senator Meighen, for the second reading of Bill C-26, An Act to amend the Criminal Code (criminal interest rate).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Estimates for the fiscal year ending March 31, 2008, with the exception of Parliament Vote 10.
The question being put on the motion, it was adopted.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the Standing Joint Committee on the Library of Parliament be authorized to examine the expenditures set out in Parliament Vote 10 of the Estimates for the fiscal year ending March 31, 2008; and
That a message be sent to the House of Commons to acquaint that House accordingly.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Di Nino:
1. That pursuant to subsection 83.32(1) of the Criminal Code, the application of sections 83.28, 83.29 and 83.3 of that Act be extended for a period of three years from the first day on which this resolution is passed by both Houses of Parliament.
2. That this Resolution come into force on the day on which it has been passed by both Houses of Parliament.
After debate,
The Honourable Senator Carstairs, P.C., 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.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 6 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Robichaud, P.C., for the second reading of Bill S-219, An Act to amend the Parliamentary Employment and Staff Relations Act.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Angus, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 8 was called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Trenholme Counsell, for the second reading of Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Tkachuk.
Reports of Committees
Orders No. 1 to 11 were called and postponed until the next sitting.
Other
Orders No. 12 (inquiry), 140 (motion) and 14 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Fraser, for the Honourable Senator Grafstein, seconded by the Honourable Senator Cook:
That the following Resolution on Combating Anti-Semitism and other forms of intolerance which was adopted at the 15th Annual Session of the OSCE Parliamentary Association, in which Canada participated in Brussels, Belgium on July 7, 2006, be referred to the Standing Senate Committee on Human Rights for consideration and that the Committee table its final report no later than March 31, 2007:
RESOLUTION ON
COMBATING ANTI-SEMITISM
AND OTHER FORMS OF INTOLERANCE
1. Calling attention to the resolutions on anti-Semitism adopted unanimously by the OSCE Parliamentary Assembly at its annual sessions in Berlin in 2002, Rotterdam in 2003, Edinburgh in 2004 and Washington in 2005,
2. Intending to raise awareness of the need to combat anti-Semitism, intolerance and discrimination against Muslims, as well as racism, xenophobia and discrimination, also focusing on the intolerance and discrimination faced by Christians and members of other religions and minorities in different societies,
The OSCE Parliamentary Assembly:
3. Recognizes the steps taken by the OSCE and the Office for Democratic Institutions and Human Rights (ODIHR) to address the problems of anti-Semitism and other forms of intolerance, including the work of the Tolerance and Non-Discrimination Unit at the Office for Democratic Institutions and Human Rights, the appointment of the Personal Representatives of the Chairman-in-Office, and the organization of expert meetings on the issue of anti- Semitism;
4. Reminds its participating States that "Anti-Semitism is a certain perception of Jews, which may be expressed as hatred towards Jews. Rhetorical and physical manifestations of anti-Semitism are directed towards Jewish or non-Jewish individuals and/or their property, towards Jewish community institutions and religious facilities'', this being the definition of anti-Semitism adopted by representatives of the European Monitoring Centre on Racism and Xenophobia (EUMC) and ODIHR;
5. Urges its participating States to establish a legal framework for targeted measures to combat the dissemination of racist and anti-Semitic material via the Internet;
6. Urges its participating States to intensify their efforts to combat discrimination against religious and ethnic minorities;
7. Urges its participating States to present written reports, at the 2007 Annual Session, on their activities to combat anti-Semitism, racism and discrimination against Muslims;
8. Welcomes the offer of the Romanian Government to host a follow-up conference in 2007 on combating anti- Semitism and all forms of discrimination with the aim of reviewing all the decisions adopted at the OSCE conferences (Vienna, Brussels, Berlin, Córdoba, Washington), for which commitments were undertaken by the participating States, with a request for proposals on improving implementation, and calls upon participating States to agree on a decision in this regard at the forthcoming Ministerial Conference in Brussels;
9. Urges its participating States to provide the OSCE Office for Democratic Institutions and Human Rights (ODIHR) with regular information on the status of implementation of the 38 commitments made at the OSCE conferences (Vienna, Brussels, Berlin, Córdoba, Washington);
10. Urges its participating States to develop proposals for national action plans to combat anti-Semitism, racism and discrimination against Muslims;
11. Urges its participating States to raise awareness of the need to protect Jewish institutions and other minority institutions in the various societies;
12. Urges its participating States to appoint ombudspersons or special commissioners to present and promote national guidelines on educational work to promote tolerance and combat anti-Semitism, including Holocaust education;
13. Underlines the need for broad public support and promotion of, and cooperation with, civil society representatives involved in the collection, analysis and publication of data on anti-Semitism and racism and related violence;
14. Urges its participating States to engage with the history of the Holocaust and anti-Semitism and to analyze the role of public institutions in this context;
15. Requests its participating States to position themselves against all current forms of anti-Semitism wherever they encounter it;
16. Resolves to involve other inter-parliamentary organizations such as the IPU, the Council of Europe Parliamentary Assembly (PACE), the Euro-Mediterranean Parliamentary Assembly (EMPA) and the NATO Parliamentary Assembly in its efforts to implement the above demands.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Comeau, 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 and 8 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Tkachuk:
That the Senate refer to the Standing Committee on Rules, Procedures and the Rights of Parliament the issue of developing a systematic process for the application of the Charter of Rights and Freedoms as it applies to the Senate of Canada.
After debate,
The question being put on the motion, it was adopted.
Resuming debate on the inquiry of the Honourable Senator Fraser calling the attention of the Senate to the Government response to the second report of the Standing Senate Committee on Transport and Communications entitled: Final Report on the Canadian News Media.
After debate,
The Honourable Senator Banks 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.
Orders No. 17, 25 (inquiries), 81, 119 (motions), 20, 15, 3, 6, 19, 11 (inquiries), 5 (motion), 18 and 23 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Trenholme Counsell calling the attention of the Senate to concerns regarding the Agreements in Principle signed by the Government of Canada and the Provincial governments between April 29, 2005 and November 25, 2005 entitled Moving Forward on Early Learning and Child Care, as well as the funding agreements with Ontario, Manitoba and Québec, and the Agreements in Principle prepared for the Yukon, the Northwest Territories and Nunavut.
After debate,
Further debate on the Inquiry was adjourned until the next sitting in the name of the Honourable Senator Mercer.
MOTIONS
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Joyal, P.C.:
That, pursuant to rule 95(3)(a), the Standing Senate Committee on Agriculture and Forestry be authorized to sit between Monday, March 5, 2007 and Friday, March 9, 2007, inclusive, even though the Senate may then be adjourned for a period exceeding one week.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:58 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Oliver and Ringuette substituted for those of the Honourable Senators Di Nino and Baker (February 27).
Standing Senate Committee on Foreign Affairs and International Trade
The names of the Honourable Senators Andreychuk, Segal, Di Nino and Oliver removed from the membership (February 27).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Baker substituted for that of the Honourable Senator Ringuette (February 27).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Phalen substituted for that of the Honourable Senator Fox (February 27).
Standing Senate Committee on Energy, the Environment and Natural Resources
The names of the Honourable Senators Fraser and Chaput substituted for those of the Honourable Senators Sibbeston and Lavigne (February 27).