Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 9
Thursday, November 1, 2007
1:30 p.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Campbell, Carney, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Fairbairn, Fitzpatrick, Fortier, Fox, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, LeBreton, Losier-Cool, Mahovlich, Massicotte, Merchant, Milne, Mitchell, Moore, Munson, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Campbell, Carney, *Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Fairbairn, Fitzpatrick, Fortier, Fox, *Fraser, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, *Kinsella, LeBreton, Losier-Cool, Mahovlich, Massicotte, Merchant, Milne, Mitchell, Moore, Munson, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Rivest, Robichaud, Rompkey, 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 Comeau tabled the following:
Report of Defence Construction (1951) Limited, for the fiscal year ended March 31, 2007, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/39-166.
Annual Report to Parliament on Immigration for the year 2007, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 94(1).—Sessional Paper No. 2/39-167.
Departmental Performance Reports for the period ended March 31, 2007:
Agriculture and Agri-Food Canada
Assisted Human Reproduction Canada
Atlantic Canada Opportunities Agency
Canada Border Services Agency
Canada Industrial Relations Board
Canada Public Service Agency
Canada Revenue Agency
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 RCMP
Copyright Board Canada
Correctional Service Canada
Courts Administration Service
Department of Finance Canada
Department of Foreign Affairs and International Trade Canada
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 Social Development Canada
Immigration and Refugee Board of Canada
Indian and Northern Affairs Canada, Canadian Polar Commission and Indian Specific Claims 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
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 Registrar of Lobbyists
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 and Public Appointments Commission Secretariat
Public Health Agency of Canada
Public Safety Canada
Public Service Commission of Canada
Public Service Labour Relations Board
Public Service Staffing Tribunal
Public Works and Government Services Canada
RCMP External Review Committee
Registry of the Competition Tribunal
Royal Canadian Mounted Police
Security Intelligence Review Committee
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. 2/39-168.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons in the following words:
Wednesday, October 31, 2007
IT WAS ORDERED,—That the list of members and associate members for Standing Joint Committees of the House be as follows:
Library of Parliament
Members: Mike Allen, Gérard Asselin, Carolyn Bennett, Gerry Byrne, Blaine Calkins, Ken Dryden, Cheryl Gallant, Peter Goldring, Gurbax Malhi, Fabian Manning, Louis Plamondon, Denise Savoie—(12).
Associate Members: Jim Abbott, Harold Albrecht, Dean Allison, Rob Anders, David Anderson, Dave Batters, Leon Benoit, James Bezan, Steven Blaney, Sylvie Boucher, Garry Breitkreuz, Gord Brown, Patrick Brown, Rod Bruinooge, Ron Cannan, Colin Carrie, Rick Casson, Michael Chong, Joe Comuzzi, John Cummins, Patricia Davidson, Dean Del Mastro, Barry Devolin, Norman Doyle, Rick Dykstra, Ken Epp, Ed Fast, Brian Fitzpatrick, Steven Fletcher, Gary Goodyear, Jacques Gourde, Nina Grewal, Art Hanger, Richard Harris, Luc Harvey, Laurie Hawn, Russ Hiebert, Betty Hinton, Rahim Jaffer, Brian Jean, Randy Kamp, Gerald Keddy, Wajid Khan, Ed Komarnicki, Maka Kotto, Daryl Kramp, Mike Lake, Guy Lauzon, Denis Lebel, Pierre Lemieux, Tom Lukiwski, James Lunney, Dave MacKenzie, Inky Mark, Colin Mayes, Ted Menzies, Rob Merrifield, Larry Miller, Bob Mills, James Moore, Rob Moore, Richard Nadeau, Rick Norlock, Deepak Obhrai, Brian Pallister, Glen Pearson, Daniel Petit, Pierre Poilievre, Joe Preston, James Rajotte, Scott Reid, Lee Richardson, Gary Schellenberger, Bev Shipley, Carol Skelton, Joy Smith, Kevin Sorenson, Bruce Stanton, Brian Storseth, David Sweet, Myron Thompson, David Tilson, Bradley Trost, Merv Tweed, Dave Van Kesteren, Maurice Vellacott, Mike Wallace, Mark Warawa, Chris Warkentin, Jeff Watson, John Williams, Lynne Yelich.
Scrutiny of Regulations
Members: Sue Barnes, David Christopherson, Ken Epp, Carole Freeman, Monique Guay, Rahim Jaffer, Denis Lebel, Derek Lee, Rick Norlock, Pierre Poilievre, Paul Szabo, Tom Wappel—(12).
Associate Members: Jim Abbott, Harold Albrecht, Mike Allen, Dean Allison, Rob Anders, David Anderson, Dave Batters, Leon Benoit, James Bezan, Steven Blaney, Sylvie Boucher, Garry Breitkreuz, Gord Brown, Patrick Brown, Rod Bruinooge, Blaine Calkins, Ron Cannan, Colin Carrie, Rick Casson, Michael Chong, Joe Comuzzi, John Cummins, Patricia Davidson, Dean Del Mastro, Barry Devolin, Norman Doyle, Rick Dykstra, Ed Fast, Brian Fitzpatrick, Steven Fletcher, Cheryl Gallant, Peter Goldring, Gary Goodyear, Jacques Gourde, Nina Grewal, Art Hanger, Richard Harris, Luc Harvey, Laurie Hawn, Russ Hiebert, Betty Hinton, Brian Jean, Randy Kamp, Gerald Keddy, Wajid Khan, Ed Komarnicki, Daryl Kramp, Mario Laframboise, Mike Lake, Guy Lauzon, Pierre Lemieux, Tom Lukiwski, James Lunney, Dave MacKenzie, Fabian Manning, Inky Mark, Colin Mayes, Réal Ménard, Serge Ménard, Ted Menzies, Rob Merrifield, Larry Miller, Bob Mills, James Moore, Rob Moore, Deepak Obhrai, Brian Pallister, Daniel Petit, Joe Preston, James Rajotte, Scott Reid, Lee Richardson, Gary Schellenberger, Bev Shipley, Carol Skelton, Joy Smith, Kevin Sorenson, Bruce Stanton, Brian Storseth, David Sweet, Myron Thompson, David Tilson, Bradley Trost, Merv Tweed, Dave Van Kesteren, Maurice Vellacott, Mike Wallace, Mark Warawa, Chris Warkentin, Jeff Watson, John Williams, Lynne Yelich.
That a message be sent to the Senate to acquaint their Honours of the names of the Members to serve on behalf of this House on the Standing Joint Committees.
ATTEST:
AUDREY O'BRIEN
The Clerk of the House of Commons
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 Angus, seconded by the Honourable Senator Brown, for the second reading of Bill S-2, An Act to amend the Canada- United States Tax Convention Act, 1984.
The Honourable Senator Cowan moved, seconded by the Honourable Senator Cook, that the debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
Orders No. 3 to 6 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 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.
Orders No. 2 and 3 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 14 were called and postponed until the next sitting.
Second reading of Bill S-215, An Act to protect heritage lighthouses.
The Honourable Senator Carney, P.C. moved, seconded by the Honourable Senator Nolin, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin, 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, Andreychuk, Bacon, Brown, Bryden, Callbeck, Campbell, Chaput, Cochrane, Comeau, Cook, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Eggleton, Fairbairn, Goldstein, Gustafson, Hervieux-Payette, Hubley, Joyal, Keon, LeBreton, Mahovlich, Milne, Mitchell, Moore, Munson, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Poulin, Smith, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt—44
NAYS
The Honourable Senators
Carney, Cools—2
ABSTENTIONS
The Honourable Senators
Banks, Stollery—2
Order No. 16 was called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Second reading of Bill C-292, An Act to implement the Kelowna Accord.
The Honourable Senator Campbell moved, seconded by the Honourable Senator Peterson, that the bill be read the second time.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Brown, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Champagne, P.C., for the adoption of the second report of the Committee of Selection (membership of Senate committees), presented in the Senate on October 23, 2007.
A point of order was raised with respect to the nomination process and the acceptability of the report.
Debate.
SPEAKER PRO TEMPORE'S RULING
Senator Cools, our rules allow that when the Speaker feels that the chair has heard enough to make a decision, it can.
Since last Tuesday night when you talked about the nominations, when the committee report was given out, I have looked at the rules. What we have now in front of us is the report. The dispute is over the nomination of the people who are on the committees. This report can be amended. I declare that there is no point of order.
The Senate resumed debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Champagne, P.C., for the adoption of the second report of the Committee of Selection (membership of Senate committees), presented in the Senate on October 23, 2007.
After debate,
The Honourable Senator Downe moved, seconded by the Honourable Senator Moore, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived on division.
The Senate resumed debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Champagne, P.C., for the adoption of the second report of the Committee of Selection (membership of Senate committees), presented in the Senate on October 23, 2007.
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Banks, Campbell, Chaput, Cochrane, Comeau, Corbin, Cordy, Cowan, Day, Di Nino, Eggleton, Fairbairn, Goldstein, Hubley, Keon, LeBreton, Munson, Nolin, Oliver, Peterson, Poulin, Robichaud, Smith, Tardif, Trenholme Counsell, Zimmer—26
NAYS
The Honourable Senators—Les honorables sénateurs
Cools, Downe, Sibbeston, Watt—4
ABSTENTIONS
The Honourable Senators
Milne—1
Ordered, That a message be sent to the House of Commons to acquaint that House of the names of the Honourable Senators appointed to serve on the standing joint committees.
Other
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;
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;
And on the motion in amendment of the Honourable Senator Comeau, 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 question being put on the main motion, as amended, it was adopted.
Orders No. 6 (motion), 3 (inquiry), 3 and 5 (motions) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan:
That a Special Committee of the Senate be appointed to consider any matters relating to anti-terrorism that may be referred to it by the Senate from time to time;
That, notwithstanding rule 85(1)(b), the special committee comprise nine members namely the Honourable Senators Kinsella, Andreychuk, Nolin, Day, Fairbairn, P.C., Fraser, Jaffer, Smith, P.C., and Joyal, P.C., and that four members constitute a quorum;
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, notwithstanding rule 92(1), the committee be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering specialized or sensitive information;
That the committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings; and
That the papers and evidence received and taken on the subject by the Special Senate Committee on the Anti- terrorism Act during the First Session of the Thirty-Ninth Parliament be referred to the Committee.
After debate,
In amendment, the Honourable Senator Sibbeston moved, seconded by the Honourable Senator Watt, that the motion be amended, in the second paragraph, by increasing the number of members from nine to ten and by adding the name of the Honourable Senator Cools after that of the Honourable Senator Smith, P.C.
After debate,
The Honourable Senator Comeau 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.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fairbairn, P.C.:
That Committees be authorized, pursuant to Rule 95(3)(a), to meet between Monday, November 5, 2007 and Monday, November 12, 2007, inclusive, for the purposes of holding organization meetings, even though the Senate may then be adjourned for a period exceeding one week.
After debate,
In amendment, the Honourable Senator Comeau moved, seconded by the Honourable Senator Cochrane, that the motion be amended by inserting, after the word "week'' the words ", provided that both whips have given approval''.
After debate,
The question being put on the motion in amendment, it was adopted.
The question was then put on the motion, as amended, of the Honourable Senator Tardif, seconded by the Honourable Senator Fairbairn, P.C.:
That Committees be authorized, pursuant to Rule 95(3)(a), to meet between Monday, November 5, 2007 and Monday, November 12, 2007, inclusive, for the purposes of holding organization meetings, even though the Senate may then be adjourned for a period exceeding one week, provided that both whips have given approval.
The question being put on the motion as amended, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That when the Senate adjourns today, it do stand adjourned until Tuesday, November 13, 2007, 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):
Report of the Canadian Dairy Commission, together with the Auditor General's Report, for the year ended July 31, 2007, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/39-163.
Summaries of the Corporate Plan for the period 2007-2008 to 2011-2012 and of the Operating and Capital Budgets of the Canadian Dairy Commission for the dairy year ending July 31, 2008, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-164.
Reports of the Department of Indian Affairs and Northern Development 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. 2/39-165.
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 5:28 p.m. the Senate was continued until Tuesday, November 13, 2007, at 2 p.m.)