Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 31
Thursday, February 7, 2008
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Biron, Brown, Callbeck, Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Harb, Hervieux-Payette, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Pépin, Phalen, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Biron, Brown, Callbeck, *Campbell, Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dawson, Day, De Bané, Di Nino, Downe, *Dyck, Eggleton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Harb, Hervieux-Payette, *Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, *Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, *Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, *Oliver, Pépin, *Peterson, Phalen, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, *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
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Final Report of the Independent Panel on Canada's Future Role in Afghanistan (January 2008).—Sessional Paper No. 2/39-397.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon presented the following:
Thursday, February 7, 2008
The Standing Senate Committee on Transport and Communications has the honour to present its
THIRD REPORT
Your Committee, to which was referred the document "Department of Industry User Fee Proposal for a Spectrum Licence Fee for Broadband Public Safety Communications in the Frequency Band 4940-4990 MHz'' has, in obedience to the Order of Reference of Wednesday, January 30, 2008, examined the proposed new user fee and, in accordance with section 5 of the User Fees Act, recommends that it be approved. Your Committee appends to this report certain observations relating to the proposal.
Respectfully submitted,
LISE BACON
Chair
Observations Appended to the Third Report of the Standing Senate Committee on Transport and Communications
Your Committee supports the philosophy behind the proposal, namely that the radio spectrum is a valuable asset that should be well-managed for the benefit of all Canadians. The proposed fee, chosen to reflect the economic value of the spectrum band, is an attempt to use the price system for the efficient allocation of a scarce resource. This is commendable, but your committee has several concerns with the proposal.
Your committee's first concern is that the users of this spectrum band are public safety entities (police departments, fire departments, ambulance services, etc.). These are generally non-commercial entities, often financed by some level of government and often engaged in emergency services. Many would argue that public safety entities should not pay fees that reflect the alternative use of spectrum by commercial users.
Your committee's second concern is that the fee proposed is, at best, an imprecise reflection of the economic value of the 4940-4990 MHz spectrum band. Industry Canada looked at other countries but did not find a useful model, so they took fees for commercial (and exclusive) use of spectrum in Canada and adjusted downward because the public safety spectrum would be shared. In practice, the department chose the lower end of the range for commercial-use fees and divided by four. The proposed fee is thus based on several subjective elements.
Your committee's third concern is that the quest for a fee that reflected "economic value'' led the department to reject a fee based on cost recovery. In the U.S. fees for the 4940-4990 MHz spectrum band will not be chosen to reflect economic value; non-auctioned spectrum in the U.S. may only reflect the cost recovery for the management of the spectrum.
Your committee accepts the current proposal but urges Industry Canada to revisit its policy for the pricing of spectrum to be used by public safety entities. In particular, the department should consider the efficiency issues associated with fees based on cost recovery.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Robichaud, P.C., 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.
The Honourable Senator Rompkey, P.C., Chair of the Standing Senate Committee on Fisheries and Oceans, presented its second report (budget—study on the federal government's current and evolving policy framework).
(The report is printed as appendix "A'' at pages 500-505 (available in print format PDF).)
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Fraser, 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.
The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its fifth report (budget—study on child care—power to hire staff).
(The report is printed as appendix "B'' at pages 506-511 (available in print format PDF).)
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Adams, 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.
The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its sixth report (budget—study on issues relating to the federal government's new Science and Technology Strategy).
(The report is printed as appendix "C'' at pages 512-516 (available in print format PDF).)
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Adams, 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.
The Honourable Senator Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its fourth report (budget—study on the review of the Canadian Environmental Protection Act).
(The report is printed as appendix "D'' at pages 517-522 (available in print format PDF).)
The Honourable Senator Banks moved, seconded by the Honourable Senator Losier-Cool, 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.
The Honourable Senator Chaput, Chair of the Standing Committee on Standing Senate Committee on Official Languages, presented its second report (budget—study on the Official Languages Act—power to hire staff and to travel).
(The report is printed as appendix "E'' at pages 523-532 (available in print format PDF).)
The Honourable Senator Chaput moved, seconded by the Honourable Senator Lapointe, 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.
The Honourable Senator Furey presented the following:
Thursday, February 7, 2008
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
THIRD REPORT
Your Committee recommends that the following funds be released for fiscal year 2007-2008.
Special Committee on Anti-terrorism (Legislation)
Professional and Other Services $ 5,000 Transportation and Communications — All Other Expenditures 1,000 TOTAL $ 6,000
Legal and Constitutional Affairs (Legislation)
Professional and Other Services $ 26,000 Transportation and Communications 21,070 All Other Expenditures 4,000 TOTAL $ 51,070
Social Affairs, Science and Technology (Legislation)
Professional and Other Services $ 6,000 Transportation and Communications — All Other Expenditures 1,000 TOTAL $ 7,000
Respectfully submitted,
GEORGE J. FUREY
Chair
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.
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its fifth report (Bill C-41, An Act respecting payments to a trust established to provide provinces and territories with funding for community development, without amendment).
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson, that the bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That, at the end of Orders of the Day, Inquiries, and Motions today, the sitting be suspended to the call of the Chair, if either the Leader or Deputy Leader of the Government in the Senate so requests, with the bells to ring for five minutes prior to the sitting resuming.
After debate,
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the National Conference of State Legislatures - Strong States Strong Nation Legislative Summit: 2007 Annual Meeting, held in Boston, Massachusetts, from August 5 to 9, 2007.—Sessional Paper No. 2/39-398.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Southern Governors' Association: 73rd Annual Meeting, held in Biloxi, Mississippi, from August 25 to 27, 2007.—Sessional Paper No. 2/39-399.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-41, An Act respecting payments to a trust established to provide provinces and territories with funding for community development.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
With leave of the Senate,
The Honourable Senator Day tabled the following:
Document entitled: PM announces funding for Saskatchewan under new national Community Development Trust, dated January 17, 2008, and document entitled: Community Development Trust, (English Texts).—Sessional Paper No. 2/39-400S.
Second reading of Bill C-3, An Act to amend the Immigration and Refugee Protection Act (certificate and special advocate) and to make a consequential amendment to another Act.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Meighen, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Di Nino, that the bill be referred to the Special Senate Committee on Anti-terrorism.
The question being put on the motion, it was adopted.
Third reading of Bill C-11, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act, as amended.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that the bill, as amended, be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill, as amended, was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, with an amendment, to which it desires its concurrence.
With leave of the Senate,
The Honourable Senator Watt tabled the following:
Proceedings of the Standing Senate Committee on Legal and Constitutional Affairs of Wednesday and Thursday, December 12 and 13, 2007 (Issue No. 4).—Sessional Paper No. 2/39-401S.
Document entitled: Inuit of Northern Quebec Offshore Claims Negotiation Framework Agreement, dated August 19, 1993. —Sessional Paper No. 2/39-402S.
The Nunavik Inuit Land Claims Agreement.—Sessional Paper No. 2/39-403S.
Unrevised transcript for the meeting of the Standing Senate Committee on Legal and Constitutional Affairs on its study of Bill C-11, dated Wednesday, January 30, 2008 (English Text). —Sessional Paper No. 2/39-404S.
Orders No. 2 and 4 were called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That the Special Senate Committee on Anti-Terrorism be authorized to sit at any time from Monday, February 11, 2008 to Friday, February 15, 2008, even though the Senate may then be sitting, and that the application of Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 14 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Goldstein, seconded by the Honourable Senator Chaput, for the second reading of Bill S-205, An Act to amend the Bankruptcy and Insolvency Act (student loans).
After debate,
The Honourable Senator Comeau 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. 16 to 19 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Other
Orders No. 4, 10 (inquiries), 62, 76 (motions) and 9 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Keon:
That the Senate call upon the Government of Canada to engage in negotiations with the European Union towards a free trade agreement, in order to encourage investment, free movement of people and capital.
After debate,
The Honourable Senator Fraser 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.
Orders No. 3 (inquiry), 5 (motion), 7 (inquiry), 6, 3, 11, 69 (motions), 6 (inquiry) and 65 (motion) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator De Bané, P.C., called the attention of the Senate to the review of Canada's development cooperation program published by the Organization for Economic Cooperation and Development on October 19, 2007.
Debate concluded.
MOTIONS
The Honourable Senator Harb moved, seconded by the Honourable Senator Goldstein:
That the Senate take note of the proposed sale of the Canadarm, RADARSAT satellite business to American arms- maker Alliant Techsystems for $1.325 billion;
That the Senate note that this nationally significant technology was funded by Canadian taxpayers through grants and other technology subsidies for civilian and commercial purposes;
That the Senate note that this sale threatens to put Canada in breach of the 1997 international landmines treaty it was instrumental in writing;
That the Senate acknowledge that although Industry Canada will do a mandatory review of the trade issues relating to the sale there are many vital social, political, moral and technological issues that need to be examined;
That the Senate of Canada urge the Government of Canada to block the proposed sale of the nationally significant Canadarm, RADARSAT satellite business to American arms-maker Alliant Techsystems; and
That a message be sent to the House of Commons to acquaint that House with the above.
After debate,
The Honourable Senator Di Nino 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.
WRITTEN DECLARATION OF ROYAL ASSENT
At 5:31 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
February 7th, 2008
Mr. Speaker:
I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 7th day of February, 2008, at 4:41 p.m.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Thursday, February 7, 2008
An Act respecting payments to a trust established to provide provinces and territories with funding for community development (Bill C-41, Chapter 1, 2008)
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, February 12, 2008, 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 Employment Equity in the Federal Public Service for the fiscal year ended March 31, 2006, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(1).—Sessional Paper No. 2/39-396.
DECLARATIONS OF PRIVATE INTERESTS
Pursuant to subsection 14.(1) of the Conflict of Interest Code for Senators, a declaration of private interest was made as follows:
—By oral declaration, the Honourable Senator Joyal, P.C. (Bill C-3).
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:34 p.m. the Senate was continued until Tuesday, February 12, 2008, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator McCoy substituted for that of the Honourable Senator Campbell (February 6).