Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 7
Tuesday, October 30, 2007
2:00 p.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Biron, Brown, Callbeck, Campbell, Carney, Champagne, Charette-Poulin, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, Dawson, Day, De Bané, Di Nino, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Keon, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Massicotte, Meighen, Merchant, Milne, Mitchell, Moore, Nancy Ruth, Nolin, Oliver, Pépin, Phalen, Poy, Prud'homme, Robichaud, St. Germain, Segal, Sibbeston, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Biron, Brown, Callbeck, Campbell, Carney, *Carstairs, Champagne, Charette-Poulin, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, Dawson, Day, De Bané, Di Nino, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, *Fraser, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Keon, *Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Massicotte, Meighen, Merchant, Milne, Mitchell, Moore, Nancy Ruth, Nolin, Oliver, Pépin, Phalen, Poy, Prud'homme, Robichaud, St. Germain, Segal, Sibbeston, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Government Response, dated October 28, 2007, to the eighth report of the Standing Senate Committee on Official Languages entitled: Relocation of Head Offices of Federal Institutions: Respect for Language Rights, tabled in the Senate on May 17, 2007.—Sessional Paper No. 2/39-154S.
Supplementary Estimates (A) 2007-2008.—Sessional Paper No. 2/39-155.
Report of the Correctional Investigator for the fiscal year ending March 31, 2007 pursuant to the Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 192.—Sessional Paper No. 2/39-156.
Annual Report 2000-2001, 2001-2002 and 2002-2003 on The James Bay and Northern Quebec Agreement and on the Northeastern Quebec Agreement.—Sessional Paper No. 2/39-157.
The Honourable the Speaker pro tempore tabled the following:
The October 2007 Report of the Auditor General of Canada to the House of Commons and an addendum to the report (Environmental Petitions), pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 7(5).—Sessional Paper No. 2/39-158.
Report of the Commissioner of the Environment and Sustainable Development to the House of Commons (2007), pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 23(3).—Sessional Paper No.2/39-159.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-10, An Act to amend the Income Tax Act, including amendments in relation to foreign investment entities and non-resident trusts, and to provide for the bijural expression of the provisions of that Act, 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 Tkachuk, 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.
A message was brought from the House of Commons with a Bill C-11, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act, 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 Carney, 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.
A message was brought from the House of Commons with a Bill C-12, An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, the Wage Earner Protection Program Act and chapter 47 of the Statutes of Canada, 2005, 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 Champagne, 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.
A message was brought from the House of Commons with a Bill C-13, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments), 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 Keon, 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Carney, P.C. presented a Bill S-215, An Act to protect heritage lighthouses.
The bill was read the first time.
The Honourable Senator Carney, P.C., moved, seconded by the Honourable Senator Keon, 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 Mitchell presented a Bill S-216, An Act to amend the Access to Information Act and the Canadian Wheat Board Act.
The bill was read the first time.
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Merchant, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Brown:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Michaëlle Jean, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator Hubley moved, seconded by the Honourable Senator Fairbairn, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Second reading of Bill S-213, An Act to amend the Criminal Code (lottery schemes).
The Honourable Senator Lapointe moved, seconded by the Honourable Senator Joyal, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6 to 10 were called and postponed until the next sitting.
Second reading of Bill S-208, An Act to require the Minister of the Environment to establish, in co-operation with the provinces, an agency with the power to identify and protect Canada's watersheds that will constitute sources of drinking water in the future.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin, that the bill be read the second time.
After debate,
The Honourable Senator Nolin moved, seconded by the Honourable Senator Di Nino that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 12 to 14 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees
Consideration of the second report of the Committee of Selection (membership of Senate committees), presented in the Senate on October 23, 2007.
The Honourable Senator Segal moved, seconded by the Honourable Senator Champagne, P.C., that the report be adopted.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Lovelace Nicholas, 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
Adams, Bacon, Baker, Banks, Biron, Callbeck, Cook, Cools, Corbin, Cordy, Dallaire, Dawson, Day, De Bané, Eggleton, Fairbairn, Fitzpatrick, Fox, Goldstein, Grafstein, Hervieux-Payette, Hubley, Jaffer, Joyal, Lovelace Nicholas, Merchant, Milne, Mitchell, Moore, Pépin, Phalen, Poulin, Robichaud, Sibbeston, Stollery, Tardif, Watt, Zimmer—38
NAYS
The Honourable Senators
Andreychuk, Brown, Champagne, Comeau, Di Nino, Eyton, Gustafson, Johnson, Keon, LeBreton, Nancy Ruth, Nolin, Oliver, Segal, St. Germain, Stratton, Tkachuk—17
ABSTENTIONS
The Honourable Senators
Nil
Other
Orders No. 3 (inquiry), 3 and 5 (motions) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fairbairn, P.C.:
That a Special Committee of the Senate be appointed to examine and report upon the implications of an aging society in Canada;
That, pursuant to rule 85(1)(b), the committee be comprised of seven members, to be nominated by the Committee of Selection and that three members constitute a quorum;
That the Committee examine the issue of aging in our society in relation to, but not limited to:
promoting active living and well being;
housing and transportation needs;
financial security and retirement;
abuse and neglect;
health promotion and prevention; and
health care needs, including chronic diseases, medication use, mental health, palliative care, home care and caregiving;
That the Committee review public programs and services for seniors, the gaps that exist in meeting the needs of seniors, and the implications for future service delivery as the population ages;
That the Committee review strategies on aging implemented in other countries;
That the Committee review Canada's role and obligations in light of the 2002 Madrid International Plan of Action on Ageing;
That the Committee consider the appropriate role of the federal government in helping Canadians age well;
That the Committee have power to send for persons, papers and records, to examine witnesses, to report from time to time and to print such papers and evidence from day to day as may be ordered by the Committee;
That the Committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;
That, pursuant to rule 95(3)(a), the Committee be authorized to meet during periods that the Senate stands adjourned for a period exceeding one week;
That the papers and evidence received and taken and work accomplished by the Committee on this subject during the First Session of the Thirty-ninth Parliament be referred to the Committee; and
That the Committee submit its final report no later than June 30, 2008, and that the Committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
After debate,
In amendment, the Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that the motion be amended by replacing the words "June 30, 2008'' with "March 31, 2008'' in the last paragraph.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Pépin, that the debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon:
WHEREAS the Canadian public has never been consulted on the structure of its government (Crown, Senate and House of Commons);
AND WHEREAS there has never been a clear and precise expression by the Canadian public on the legitimacy of the Upper House since the constitutional agreement establishing its existence;
AND WHEREAS a clear and concise opinion might be obtained by putting the question directly to the electors by means of a referendum;
THAT the Senate urge the Governor in Council to obtain by means of a referendum, pursuant to section 3 of the Referendum Act, the opinion of the electors of Canada on whether the Senate should be abolished; and
THAT a message be sent to the House of Commons requesting that House to unite with the Senate for the above purpose.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that further debate on the motion 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 Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2007, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, sbs. 71(1).—Sessional Paper No. 2/39-142.
Reports of the Bank of Canada for the fiscal year ended March 31, 2007, pursuant to the Access to Information Act and to the Privacy Act, R.S.C.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 2/39-143.
Reports of the Canadian Food Inspection Agency for the fiscal year ended March 31, 2007, pursuant to the Access to Information Act and to the Privacy Act, R.S.C.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 2/39-144.
Reports of the Department of National Defence for the fiscal year ended March 31, 2007, 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. 2/39-145.
Actuarial Report of the Superintendent of Financial Institutions on the Canada Pension Plan dated December 31, 2006, pursuant to the Canada Pension Plan Act, S.C. 1997, c. 40, s. 96.—Sessional Paper No. 2/39-146.
Actuarial Report on the Benefit Plan financed through the Royal Canadian Mounted Police (Dependants) Pension Fund for the period of April 1, 2004 to March 31, 2007, pursuant to the Royal Canadian Mounted Police Pension Continuation Act, R.S.C. 1970, c. R-10, sbs. 56(3).—Sessional Paper No. 2/39-147.
Reports of the Department of Finance for the fiscal year ended March 31, 2007, 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. 2/39-148.
Report on the receipts and disbursements of the Office of the Auditor General for the fiscal year ended March 31, 2007, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 21(2).—Sessional Paper No. 2/39-149.
Report of Public Service Labour Relations Board on the administration of Part I (Staff Relations) of the Parliamentary Employment and Staff Relations Act for the fiscal year ended March 31, 2007, pursuant to the Act, R.S.C. 1985, c. 33 (2nd Supp.), s. 84.—Sessional Paper No. 2/39-150.
Report of the Public Service Labour Relations Board on the administration of the Public Service Labour Relations Act for the fiscal year ended March 31, 2007, pursuant to the Act, 2003, c. 22, s. 2 "251(2)''.—Sessional Paper No. 2/39- 151.
Summary of the Corporate Plan for 2007-2008 to 2011-2012 of the Canadian Broadcasting Corporation, pursuant to the Broadcasting Act, S.C. 1991, c. 11, sbs. 55(4).—Sessional Paper No. 2/39-152.
Reports of the Economic Development Agency of Canada for the Regions of Quebec for the fiscal year ended March 31, 2007, 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. 2/39-153.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:07 p.m. the Senate was continued until 1:30 p.m. tomorrow.)