Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 38
Tuesday, March 4, 2008
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brown, Bryden, Callbeck, Campbell, Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dawson, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Keon, Kinsella, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Ringuette, 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, Brown, Bryden, Callbeck, Campbell, Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Cowan, Dawson, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Keon, Kinsella, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, *McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Ringuette, *Rivest, Robichaud, Rompkey, *St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
The Senate observed a minute of silence in memory of Trooper Michael Yuki Hayakaze, whose tragic death occurred yesterday while serving his country in Afghanistan.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Munson, Acting Chair of the Standing Senate Committee on Human Rights, presented its sixth report (Bill C-42, An Act to amend the Museums Act and to make consequential amendments to other Acts, without amendment).
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Andreychuk, that the bill be placed on the Orders of the Day for a third reading 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, tabled its sixth report entitled: The Canadian Environmental Protection Act (1999, c. 33) Rx: Strengthen and Apply Diligently. —Sessional Paper No. 2/39-466S.
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, 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 Smith, P.C., presented the following:
Tuesday, March 4, 2008
The Special Senate Committee on Anti-terrorism has the honour to present its
THIRD REPORT
Your committee, to which was referred Bill S-3, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions), has, in obedience to the order of reference of Wednesday, November 14, 2007, examined the said Bill and now reports the same with the following amendments:
1. Clause 1:
(a) Page 2: Replace lines 15 to 19 with the following:
"information that relates to the offence referred to in subparagraph (i), or that may reveal the whereabouts of an individual who the peace officer suspects may commit the offence referred to'';
(b) Page 6: Replace lines 28 to 30 with the following:
"(C) the detention is necessary to main-''.
2. Clause 3, page 8: Replace line 40 with the following:
"83.28, 83.29 and 83.3 and their operation shall''.
Respectfully submitted,
DAVID P. SMITH
Chair
With leave of the Senate,
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Nolin, 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 seventh report (Supplementary Estimates (B) 2007-2008).
(The report is printed as an appendix.)
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-9, An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).
The Honourable Senator Nolin moved, seconded by the Honourable Senator Di Nino, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill was then 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.
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Johnson, for the second reading of Bill C-40, An Act to amend the Canada Labour Code, the Canada Student Financial Assistance Act, the Canada Student Loans Act and the Public Service Employment Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Segal moved, seconded by the Honourable Senator Cochrane, that the bill be referred to the Standing Senate Committee on National Security and Defence.
The question being put on the motion, it was adopted.
Second reading of Bill C-37, An Act to amend the Citizenship Act.
The Honourable Senator Keon moved, seconded by the Honourable Senator Nolin, 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 Keon moved, seconded by the Honourable Senator Nolin, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Banks, for the second reading of Bill S-224, An Act to amend the Parliament of Canada Act (vacancies).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Moore moved, seconded by the Honourable Senator Day, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Orders No. 2 to 14 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Tardif, for the second reading of Bill S-209, An Act to amend the Criminal Code (protection of children).
After debate,
The Honourable Senator Andreychuk 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 and 17 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Stollery, for the second reading of Bill S-211, An Act to regulate securities and to provide for a single securities commission for Canada.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 19 was called and postponed until the next sitting.
Second reading of Bill S-229, An Act to amend the Constitution Act, 1867 (Property qualifications of Senators).
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that the bill be read the second time.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Gustafson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill S-230, An Act to amend the Excise Tax Act (zero-rating of supply of cut fresh fruit).
The Honourable Senator Milne moved, seconded by the Honourable Senator Cook, that the bill be read the second time.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Segal, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Goldstein, seconded by the Honourable Senator Campbell, for the second reading of Bill C-280, An Act to Amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Goldstein moved, seconded by the Honourable Senator Milne, that the bill be referred to the Standing Senate Committee on Human Rights.
The question being put on the motion, it was adopted.
Orders No. 3 to 6 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Consideration of the sixth report of the Standing Senate Committee on National Finance, (Bill S-201, An Act to amend the Financial Administration Act and the Bank of Canada Act (quarterly financial reports), with amendments), presented in the Senate on February 27, 2008.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Segal moved, seconded by the Honourable Senator Cochrane, that the bill, as amended, be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
Consideration of the fifth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (subject-matter 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), tabled in the Senate on February 28, 2008.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 7 was called and postponed until the next sitting.
Other
Resuming debate on the motion of the Honourable Senator Oliver seconded by the Honourable Senator Di Nino:
That the Senate take note of the important contribution of black Canadians to the settlement, growth and development of Canada, the diversity of the black community in Canada and its importance to the history of this country, and recognize February as Black History Month.
After debate,
The question being put on the motion, it was adopted.
Orders No. 68, 3, 69 (motions), 11, 4, 8 (inquiries), 79, 4, 78 (motions), 10 (inquiry), 62, 76 (motions), 9, 3 (inquiries), 5 (motion), 7 (inquiry) and 6 (motion) 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 whenever the Senate is sitting, the proceedings of the upper chamber, like those of the lower one, be televised, or otherwise audio-visually recorded, so that those proceedings can be carried live or replayed on CPAC, or any other television station, at times that are convenient for Canadians.
After debate,
The Honourable Senator Andreychuk 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.
Order No. 6 (inquiry) was called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Di Nino called the attention of the Senate to the voting age in Canada for federal elections and referendums.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fairbairn, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Banks moved, seconded by the Honourable Senator Corbin:
That,
WHEREAS, in the 2nd Session of the 39th Parliament, a bill has been introduced in the Senate to amend the Constitution of Canada by repealing the provision that requires that a person, in order to qualify for appointment to the Senate and to maintain their place in the Senate after being appointed, own land with a net worth of at least four thousand dollars within the province for which he or she is appointed;
AND WHEREAS a related provision of the Constitution makes reference, in respect of the province of Quebec, to the real property qualification that is proposed to be repealed;
AND WHEREAS, in respect of a Senator that represents Quebec, the real property qualification must be had in the electoral division for which the Senator is appointed or the Senator must be resident in that division;
AND WHEREAS the division of Quebec into 24 electoral divisions, corresponding to the 24 seats in the former Legislative Council of Quebec, reflects the historic boundaries of Lower Canada and no longer reflects the full territorial limits of the province of Quebec;
AND WHEREAS section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;
NOW THEREFORE the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by Her Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.
SCHEDULE
AMENDMENT TO THE CONSTITUTION OF CANADA
1. Section 22 of the Constitution Act, 1867 is amended by striking out the second paragraph of that section, beginning with the words "In the Case of Quebec'' and ending with "the Consolidated Statutes of Canada.''.
2. (1) Paragraph (5) of section 23 of the Act is replaced by the following:
(5) He shall be resident in the Province for which he is appointed.
(2) Paragraph (6) of section 23 of the Act is repealed.
Citation
3. This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Quebec: electoral divisions and real property qualifications of Senators).
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that the debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver:
That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine and report on the rise of China, India and Russia in the global economy and the implications for Canadian policy; and
That the committee present its final report no later than October 1, 2009, and retain all powers necessary to publicize its findings until March 31, 2010.
After debate,
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 Artists and Producers Professional Relations Tribunal for the fiscal year ended March 31, 2007, pursuant to the Status of the Artist Act, S.C. 1992, c. 33, s. 61. —Sessional Paper No. 2/39-463.
Report on the administration of student financial assistance programs for the loan year 2005-2006, pursuant to the Canada Student Financial Assistance Act, S.C. 2003, c.15, s. 12.—Sessional Paper No. 2/39-464.
Report of the Canadian International Trade Tribunal entitled "Recommendation Regarding Peerless Clothing Inc. (Polyester Tuxedo Facing)'' dated February 5, 2008, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.—Sessional Paper No. 2/39-465.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:00 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 Energy, the Environment and Natural Resources
The name of the Honourable Senator Spivak substituted for that of the Honourable Senator Phalen (February 28).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Meighen substituted for that of the Honourable Senator Oliver (March 3).
Standing Senate Committee on Human Rights
The names of the Honourable Senators Cowan, Zimmer and Mercer substituted for those of the Honourable Senators Jaffer, Dallaire and Zimmer (March 3).
The names of the Honourable Senators Kinsella, Jaffer and Dallaire substituted for those of the Honourable Senators Stratton, Cowan and Mercer (March 4).
Special Senate Committee on Anti-terrorism
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Tkachuk (March 3).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Meighen substituted for that of the Honourable Senator Nolin (March 3).