Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 36
Wednesday, February 27, 2008
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Brown, Bryden, Callbeck, Campbell, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, 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, Brown, Bryden, Callbeck, Campbell, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, *Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Ringuette, 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 the Speaker tabled the following:
Statement of the Clerk's Receipts and Disbursements for the Year Ended March 31, 2007, pursuant to the Senate Administrative Rules c. 3:05, sbs. 5(1).—Sessional Paper No. 2/39-453S.
The Honourable Senator Comeau tabled the following:
(1) "The Budget in Brief 2008'';
(2) "The Budget Plan 2008'';
(3) "Responsible Leadership — Overview''; and
(4) "Responsible Leadership — Tax-Free Savings Account''. —Sessional Paper No. 2/39-454.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Day presented the following:
Wednesday, February 27, 2008
The Standing Senate Committee on National Finance has the honour to present its
SIXTH REPORT
Your committee, to which was referred Bill S-201, An Act to amend the Financial Administration Act and the Bank of Canada Act (quarterly financial reports), has, in obedience to the order of reference of Wednesday, November 28, 2007, examined the said Bill and now reports the same with the following amendments:
1. Preamble, page 1: Replace lines 9 to 11 with the following:
"traded companies;''.
2. Clause 1, page 2:
(a) Replace lines 7 and 8 with the following:
"be prepared a quarterly financial report for'' ; and
(b) Delete lines 14 to 16;
(c) Reletter paragraphs 65.1(2)(b) to (e) as paragraphs 65.1(2)(a) to (d); and
(d) Replace lines 32 to 37 with the following:
"(3) The appropriate Minister shall cause the report referred to in subsection (1)
(a) to be made available to the public within 60 days after the end of each three-month period referred to in that subsection; and
(b) to be laid before each House of Parliament at the first reasonable opportunity.''.
3. Clause 2, page 3:
(a) Replace lines 3 and 4 with the following:
"prepared, in respect of itself and its'';
(b) Delete lines 12 to 14;
(c) Reletter paragraphs 131.1(2)(b) to (f) as paragraphs 131.1(2)(a) to (e); and
(d) Replace lines 32 to 37 with the following:
"(3) The appropriate Minister shall cause the report referred to in subsection (1)
(a) to be made available to the public within 60 days after the end of each three-month period referred to in that subsection; and
(b) to be laid before each House of Parliament at the first reasonable opportunity.''.
4. Clause 3, page 4:
(a) Replace lines 2 and 3 with the following:
"Bank shall prepare a quarterly financial'';
(b) Delete lines 11 to 13;
(c) Reletter paragraphs 29.1(2)(b) to (f) as paragraphs 29.1(2)(a) to (e); and
(d) Replace lines 30 to 35 with the following:
"(3) The appropriate Minister shall cause the report referred to in subsection (1)
(a) to be made available to the public within 60 days after the end of each three-month period referred to in that subsection; and
(b) to be laid before each House of Parliament at the first reasonable opportunity.''.
Respectfully submitted,
JOSEPH A. DAY
Chair
The Honourable Senator Day 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 Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its eighth report (Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts, without amendment but with observations).
(The report is printed as an appendix.)
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, 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, on division.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Gustafson:
That, notwithstanding the Order of the Senate of October 18, 2007, the Senate continue its proceedings today beyond 4 p.m. and follow the normal adjournment procedure according to rule 6(1); and
That committees of the Senate scheduled to meet today be authorized to sit after 4 p.m. even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
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 and the First Part of the 2008 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in London, United Kingdom and Strasbourg, France, from January 17 to 25, 2008.—Sessional Paper No. 2/39-455.
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association, respecting its participation at the Meeting of the Standing Committee of Parliamentarians of the Arctic Region, held in Reykjavik, Iceland, on June 1, 2007. —Sessional Paper No. 2/39-456.
Presentation of Petitions
The Honourable Senator Comeau presented petitions:
Of Residents of Ontario concerning the age of consent to sexual activity.
A point of order was raised with respect to rule 23(8).
Debate.
SPEAKER'S RULING
I thank the Honourable Senator Nolin for raising the point of order. What is written is written; he is absolutely right. The rule book, which is the standing orders of this House, says exactly that. Maybe we will ask our table officers to rise a minute or so before the 30 minutes expire.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Gustafson, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Brown, Cochrane, Comeau, Di Nino, Gustafson, Johnson, Keon, Kinsella, LeBreton, Meighen, Nancy Ruth, Nolin, Oliver, Segal, St. Germain , Stratton, Tkachuk—19
NAYS
The Honourable Senators
Banks, Campbell, Cowan, Dyck, Fox, Fraser, Joyal, Massicotte, McCoy, Merchant, Milne, Moore, Murray, Prud'homme, Spivak, Watt—16
ABSTENTIONS
The Honourable Senators
Adams, Bacon, Bryden, Callbeck, Chaput, Cook, Cools, Corbin, Cordy, Dallaire, Dawson, Day, Downe, Eggleton, Fairbairn, Furey, Grafstein, Harb, Hervieux-Payette, Jaffer, Mahovlich, Mitchell, Munson, Pépin, Peterson, Phalen, Sibbeston, Smith, Stollery, Tardif, Trenholme Counsell—31
Accordingly, Bill C-2 was read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Second reading of Bill C-44, An Act to amend the Agricultural Marketing Programs Act.
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Andreychuk, 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 Gustafson moved, seconded by the Honourable Senator Nancy Ruth, that the bill be referred to the Standing Senate Committee on Agriculture and Forestry.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Gustafson:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:57 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 Foreign Affairs and International Trade
The name of the Honourable Senator Trenholme Counsell substituted for that of the Honourable Senator Smith (February 26).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Cowan and Campbell substituted for those of the Honourable Senators Carstairs and Cowan (February 26).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Downe substituted for that of the Honourable Senator Kenny (February 26).
Standing Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator Massicotte substituted for that of the Honourable Senator Bacon (February 27).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Mercer (February 26).
Standing Senate Committee on National Finance
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Tkachuk (February 26).