Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 41
Tuesday, March 11, 2008
2:00 p.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Gill, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Joyal, Keon, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Mercer, Merchant, Milne, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Smith, Stratton, Tardif, Tkachuk, Trenholme Counsell, Zimmer
The Members in attendance to business were:
The Honourable Senators
*Adams, Andreychuk, Angus, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Gill, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Joyal, Keon, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Mercer, Merchant, Milne, *Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Smith, *Spivak, *Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Zimmer
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Losier-Cool, Speaker pro tempore, took the Chair, pursuant to rule 11.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker pro tempore tabled the following:
Report of the Commissioner of the Environment and Sustainable Development to the House of Commons (2008), pursuant to the Auditor General Act, S.C. 1985, c. A-17, sbs. 23(3).—Sessional Paper No. 2/39-474.
The Honourable Senator Comeau tabled the following:
Public Works and Government Services Canada Ministry contract for the security fence used during the Leaders' summit in Montebello in August 2007 (contract no. M1500-081486/001/QD).—Sessional Paper No. 2/39-475.
Document entitled: Stronger Ties: A Shared Commitment to Railway Safety — Review of the Railway Safety Act, (November 2007).—Sessional Paper No. 2/39-476.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Carstairs, P.C., Chair of the Special Senate Committee on Aging, tabled its third report (interim) entitled: Issues and Options for an Aging Society.—Sessional Paper No. 2/39-477S.
With leave of the Senate,
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Pépin, that the report be placed on the Orders of the Day for consideration later this day.
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 ninth report entitled: The Financial Security for Seniors: Entitlements and Retroactivity Provisions under the Canada Pension Plan.
(The report is printed as appendix "A''.)
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, 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 tenth report (Final Report on Main Estimates 2007-2008).
(The report is printed as appendix "B''.)
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, 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
A point of order was raised with respect to Question Period.
After debate,
The Speaker pro tempore reserved her decision.
GOVERNMENT BUSINESS
Inquiries
Order No. 1 was called and postponed until the next sitting.
Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That, on Wednesday, March 12, 2008, at the end of the Orders of the Day, Inquiries, and Motions, but no later than 4 p.m., the sitting be suspended to reassemble at the call of the Chair, with a fifteen minute bell;
That, when the sitting resumes, it be either for the purpose of adjournment or to receive any Messages from the House of Commons with bills to grant to Her Majesty sums of money for the federal administration, which bills, if any, shall, upon being read a first time, be ordered placed on the Orders of the Day for second reading at the next sitting, and the provisions of Rule 57(1)(f) shall be suspended in relation thereto;
That, after dealing with any such Messages from the House of Commons, the Senate stand adjourned;
That the order adopted by the Senate on October 18, 2007, respecting automatic adjournment at 4 p.m. be suspended on Wednesday, March 12, 2008;
That the application of Rule 6(1) be suspended for that day, and the Senate continue sitting past midnight if necessary; and
That committees scheduled to meet on that day be authorized to sit after 4 p.m., and the application of Rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the eighth report (interim) of the Standing Senate Committee on National Finance (2008-2009 Estimates), presented in the Senate on March 6, 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.
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Grafstein, for the adoption of the seventh report of the Standing Senate Committee on National Finance (Supplementary Estimates (B) 2007-2008), presented in the Senate on March 4, 2008.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Harb, seconded by the Honourable Senator Biron, for the second reading of Bill S-223, An Act to amend the Non-smokers' Health Act.
After debate,
The Honourable Senator Hubley moved, seconded by the Honourable Senator Chaput, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 5 to 7 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Murray, P.C., for the Honourable Senator Carney, P.C., seconded by the Honourable Senator Day, for the second reading of Bill S-217, An Act to amend the International Boundary Waters Treaty Act (bulk water removal).
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. 9 to 18 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Cook, for the second reading of Bill C-298, An Act to add perfluorooctane sulfonate (PFOS) and its salts to the Virtual Elimination List under the Canadian Environmental Protection Act, 1999.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Milne moved, seconded by the Honourable Senator Fraser, that the bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.
The question being put on the motion, it was adopted.
Orders No. 4 to 6 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Keon, seconded by the Honourable Senator Di Nino, for the adoption of the eighth report of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: Maternal Health and Early Childhood Development in Cuba, tabled in the Senate on February 26, 2008.
After debate,
The question being put on the motion, it was adopted.
Ordered, That Order No. 1 under Senate Public Bills, be again called.
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Stratton, for the second reading of Bill S-225, An Act to amend the State Immunity Act and the Criminal Code (deterring terrorism by providing a civil right of action against perpetrators and sponsors of terrorism).
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Carstairs, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Order No. 3 was called and postponed until the next sitting.
Consideration of the fourth report of the Standing Senate Committee on National Security and Defence (budget—study on the national security policy of Canada), presented in the Senate on March 6, 2008.
The Honourable Senator Day moved, seconded by the Honourable Senator Robichaud, P.C., that the report be adopted.
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. 5 to 7 were called and postponed until the next sitting.
Consideration of the third report (interim) of the Special Senate Committee on Aging, entitled: Issues and Options for an Aging Society, tabled earlier today in the Senate.
After debate,
The Honourable Senator Stratton 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.
Other
Order No. 6 (motion) was 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,
In amendment, the Honourable Senator Banks moved, seconded by the Honourable Senator Segal, that the motion be amended by deleting all words after the first "That'' and replacing them by the following:
"the Senate approve in principle the installation of equipment necessary to the broadcast-quality audio-visual recording of its proceedings and other approved events in the Senate Chamber and in no fewer than four rooms ordinarily used for meetings by Committees of the Senate;
That for the purposes set out in the following paragraph, public proceedings of the Senate and of its Committees be recorded by this equipment, subject to policies, practices and guidelines approved from time to time by the Standing Committee on Internal Economy, Budgets and Administration ("the Committee'');
That selected and edited proceedings categorized according to subjects of interest be prepared and made available for use by any television broadcaster or distributor of audio-visual programmes, subject to the terms specified in any current or future agreements between the Senate and that broadcaster or distributor;
That such selected proceedings also be made available on demand to the public on the Parliamentary Internet;
That the Senate engage by contract a producer who shall, subject only to the direction of the Committee, make the determination of the programme content of the selected, edited and categorized proceedings of the Senate and of its Committees;
That equipment and personnel necessary for the expert selection, editing, preparation and categorization of broadcast-quality proceedings be secured for these purposes; and
That the Committee be instructed to take measures necessary to the implementation of this motion.''.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Nolin, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 13 (inquiry), 88, 68, 3 and 69 (motions) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Carstairs, P.C., calling the attention of the Senate to the custom of allowing Senate Public Bills to be considered free of the procedural obstacles that limit the consideration of Private Members' Bills in the other place, and the custom of ensuring all Senators the fair opportunity to have their proposals decided by the Senate.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Comeau, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 4, 8 (inquiries), 79, 4, 78 (motions), 10 (inquiry), 62, 76 (motions), 9, 3 (inquiries), 5 (motion) and 7 (inquiry) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Bacon moved, seconded by the Honourable Senator Robichaud, P.C.:
That, notwithstanding the order of the Senate adopted on November 14, 2007, the date for the presentation of the final report by the Standing Senate Committee on Transport and Communications on its consideration of containerized freight traffic handled by Canada's ports be extended from March 31, 2008, to June 19, 2008.
The question being put on the motion, it was adopted.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Andreychuk:
That the Special Senate Committee on Anti-terrorism be authorized to examine and report on the provisions governing the security certificate process set out in the Immigration and Refugee Protection Act, S.C. 2001, c. 27, as recently modified by An Act to amend the Immigration and Refugee Protection Act (certificate and special advocate) and to make a consequential amendment to another Act, S.C. 2008, c. 3, as well as to conduct a review of the operation of that process in the context of Canada's anti-terrorism framework;
That the papers and evidence received and taken, and the work accomplished by:
(a) the Special Senate Committee on the Anti-terrorism Act during the Thirty-eighth Parliament and the First Session of the Thirty-ninth Parliament; and
(b) the Special Senate Committee on Bill C-36 during the First Session of the Thirty-seventh Parliament;
be referred to the committee for the purposes of this study; and
That the committee submit its final report no later than December 31, 2008.
After debate,
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Comeau:
That the Standing Senate Committee on National Security and Defence be authorized to sit past 1:30 p.m. this Wednesday, March 12, 2008, even though the Senate may then be sitting, for the purposes of its consideration 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; and
That the application of rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:09 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 Banking, Trade and Commerce
The name of the Honourable Senator Segal substituted for that of the Honourable Senator Meighen (March 10).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Segal substituted for that of the Honourable Senator Meighen (March 11).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Mitchell (March 11).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Goldstein substituted for that of the Honourable Senator Lovelace Nicholas (March 10).
The name of the Honourable Senator Lovelace Nicholas substituted for that of the Honourable Senator Poy (March 11).