Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 51
Wednesday, April 16, 2008
1:30 p.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Banks, Biron, Brown, Campbell, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fox, Fraser, Gill, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Pépin, Peterson, Phalen, Pitfield, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Banks, Biron, Brown, Campbell, *Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, *Fortier, Fox, Fraser, *Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, *Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, *Oliver, Pépin, Peterson, Phalen, Pitfield, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Eggleton, P.C., presented the following:
Wednesday, April 16, 2008
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
ELEVENTH REPORT
Your committee, to which was referred Bill C-37, An Act to amend the Citizenship Act has, in obedience to the order of reference of Tuesday, March 4, 2008, examined the said Bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
ART EGGLETON
Chair
Observations Appended to the Eleventh Report of the Standing Senate Committee on Social Affairs, Science and Technology
Your committee has adopted Bill C-37, An Act to Amend the Citizenship Act, without amendment with the hope that the bill will receive speedy passage through the Senate and receive Royal Assent at the earliest time. Changes effected by Bill C-37 that restore or grant citizenship to those who have come to be known as the "lost Canadians'' are long overdue. Hundreds of such people, many of whom are elderly, have been waiting years, and in some cases, many decades for legal recognition of the Canadian citizenship to which they have been morally entitled all along.
When the Minister of Citizenship and Immigration, the Honourable Diane Finley, appeared before the committee on 10 April 2008 to speak in support of the bill, she explained that the problem of the loss of Canadian citizenship is being addressed through amending, rather than replacing, the existing Citizenship Act in order to ensure a faster and more certain resolution. Members of your committee appreciate the Minister's reasoning and support her objectives.
However, your committee wishes to focus the government's attention on the long-standing and obvious need for a new citizenship Act. Canada's current Act, which came into force in 1977, has been amended many times over the years. Today it is nothing short of a cumbersome patchwork of technically drafted provisions, many of which refer to other provisions in now-repealed legislation. Legal experts find the Citizenship Act difficult to understand; for other Canadians it is impossible to navigate.
Your committee is of the opinion that members of the public should be able to read Canada's citizenship legislation, understand the system and determine whether they are citizens. To this end the committee suggests that the government prioritize replacing the Citizenship Act entirely with new, clear and straightforward citizenship legislation in the near future.
The committee notes that Canada's existing Citizenship Act perpetuates distinctions drawn on grounds such as whether a child was born in or out of wedlock. Such distinctions are not compatible with the modern values set out in the Canadian Charter of Rights and Freedoms, and therefore should not be carried forward into any new citizenship legislation. Rather, the committee urges the government to ensure that all aspects of new citizenship legislation are Charter-compliant and consistent with Canadian values.
Your committee also takes note of the concerns voiced by Professor Donald Galloway who testified that provisions in Bill C-37 would deny citizenship by descent to those who are born or who are adopted outside Canada, where their Canadian parent is also born or will be adopted outside Canada. Such a distinction would grant citizenship to a first generation born outside Canada while denying it to their children and subsequent generations were they to be born abroad. Such a provision strikes your Committee as arbitrary and unfair. At the same time, your committee agrees with Minister Finley that those seeking Canadian citizenship must be able to demonstrate a connection to this country. Accordingly, and as Professor Galloway suggested, guidelines that do not use place of birth as a proxy should be developed indicating clearly how attachment to Canada is to be demonstrated.
Finally, committee members note that Bill C-37 will not resolve the problems experienced by a group of lost Canadians typified by descendants of Mennonites who were issued citizenship cards in "error.'' However, it is not our intention to delay resolution for the vast majority of lost Canadians by seeking an amendment to address the problems faced by this smaller group. Therefore, we urge the Minister to put in place a policy with a view to providing a fast and compassionate resolution for those who, through no fault of their own but at great personal cost, and for many years, have relied on the validity of such erroneously issued citizenship cards.
With leave of the Senate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Fox, P.C., 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.
The Honourable Senator Kenny presented the following:
Wednesday, April 16, 2008
The Standing Senate Committee on National Security and Defence has the honour to present its
FIFTH REPORT
Your committee, to which was referred 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 has, in obedience to the Order of Reference of Tuesday, March 4, 2008, examined the said Bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
COLIN KENNY
Chair
Observations Appended to the Fifth Report of the Standing Senate Committee on National Security and Defence
Your Committee notes that the Canadian Forces Liaison Council is an organization with valuable expertise in negotiating employer support for reservists. Therefore, we propose that in the process of drafting the regulations to be adopted under section 247.97 of the Canada Labour Code as amended by Bill C-40, the Minister of Labour consult with the Council, inter alia.
Your Committee also notes that the Public Safety Act 2002, which received Royal Assent on May 6, 2004, added to the National Defence Act new provisions to accord reservists job protection when called upon for duty in times of an "emergency,'' which is defined as an insurrection, riot, invasion, war or armed conflict. This amendment never came into force. We propose that the Minister of Labour consider conducting a study, jointly with the Minister of National Defence, to ensure that Bill C-40 and sections 285.01 to 285.13 of the National Defence Act are reconciled and do not unduly overlap.
Lastly, your Committee notes that it will be necessary to follow the progress of this bill, once entered into force, to ensure that all parties concerned are not negatively affected by this legislation. We therefore propose that the Canadian Forces Liaison Council be requested to monitor and follow up on the impact of Bill C-40 and to report its findings to the Minister of National Defence. We also propose that the Minister of National Defence, in turn, table these findings as a report in both Houses of Parliament.
With leave of the Senate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Cochrane, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Biron tabled the following:
Report of the Canadian Section of the Inter-parliamentary Forum of the Americas (FIPA), concerning its participation at the Trade Knowledge Workshop and Bilateral Visit, held in Port-of-Spain, Trinidad and Tobago, and Bridgetown, Barbados, from March 17 to 20, 2008.—Sessional Paper No. 2/39-537.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-37, An Act to amend the Citizenship Act.
The Honourable Senator Comeau 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.
Third 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.
The Honourable Senator Segal moved, seconded by the Honourable Senator Johnson, 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.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 10 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Hubley, for the second reading of Bill S-228, An Act to amend the Canadian Wheat Board Act (board of directors).
After debate,
The Honourable Senator Brown 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.
Commons Public Bills
Third reading of Bill C-293, An Act respecting the provision of official development assistance abroad.
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Bacon, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Segal moved, seconded by the Honourable Senator St. Germain, P.C., that Bill C-293, An Act respecting the provision of official development assistance abroad, be not now read a third time but that it be amended by:
(a) in Clause 2, on page 1, by replacing line 11 with the following:
"foreign policy, the principles of the Paris Declaration on Aid Effectiveness of March 2, 2005, sustainable development and'';
(b) in Clause 3, by replacing lines 12 to 15 on page 2 with the following:
""competent minister'' means the Minister of International Cooperation, the Minister of Finance, the Minister of Foreign Affairs or any other minister who is providing official development assistance.'';
(c) in Clause 3, by replacing lines 30 and 31 on page 2 with the following:
"rights conventions to which Canada is a party and on international customary law'';
(d) in Clause 4, by replacing lines 18 to 21 on page 3 with the following:
"(2) The competent minister shall consult with governments, international agencies and Canadian civil society organizations at least once every two years, and shall take their views and recommendations into consideration when forming an opinion described in subsection (1).'';
(e) in Clause 5, by adding after line 35 on page 4 the following:
"(4) Despite subsections (1) and (3), information shall not be reported under this section if its disclosure is prohibited by the policies of the Bretton Woods institutions.''.
After debate,
The question being put on the motion in amendment, it was adopted on division.
The question being put on the motion of the Honourable Senator Dallaire, seconded by the Honourable Senator Bacon, for the third reading of Bill C-293, as amended, 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 certain amendments, to which it desires its concurrence.
Orders No. 2 to 5 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Consideration of the sixth report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on the domestic and international financial system), presented in the Senate on April 15, 2008.
The Honourable Senator Angus moved, seconded by the Honourable Senator Stratton, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the fifth report of the Standing Senate Committee on Transport and Communications (budget—study on the examination of containerized freight traffic), presented in the Senate on April 15, 2008.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Joyal, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the sixth report of the Standing Senate Committee on Agriculture and Forestry (budget—study on the present state and future of agriculture and forestry), presented in the Senate on April 15, 2008.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Pépin, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the seventh report of the Standing Senate Committee on Agriculture and Forestry (budget—study on rural poverty), presented in the Senate on April 15, 2008.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the ninth report of the Standing Senate Committee on Legal and Constitutional Affairs (budget—study on the Canada Elections Act and the Income Tax Act—power to hire staff), presented in the Senate on April 15, 2008.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Committee on Conflict of Interest for Senators (budget—mandate pursuant to rule 86 (1)(t) of the Rules of the Senate), presented in the Senate on April 15, 2008.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the third report of the Standing Senate Committee on Aboriginal Peoples (budget—study on matters generally relating to the Aboriginal Peoples of Canada), presented in the Senate on April 15, 2008.
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Cochrane, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 10 to 13 were called and postponed until the next sitting.
Resuming debate on the consideration of the third report (interim) of the Special Senate Committee on Aging, entitled: Issues and Options for an Aging Society, tabled in the Senate on March 11, 2008.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Gustafson, 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.
Orders No. 15 to 17 were called and postponed until the next sitting.
Consideration of the fourth report of the Standing Special Senate Committee on Aging (budget—study on aging—power to travel), presented in the Senate on April 10, 2008.
The Honourable Senator Cordy moved, seconded by the Honourable Senator De Bané, P.C., that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Other
Order No. 76 (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 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.
The question being put on the motion, it was adopted.
Order No. 85 (motion) was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Di Nino:
That the Senate refer to the Standing Committee on Rules, Procedures and the Rights of Parliament the issue of developing a systematic process for the application of the Charter of Rights and Freedoms as it applies to the Senate of Canada.
After debate,
The question being put on the motion, it was adopted.
At 4 p.m., pursuant to the order adopted by the Senate on October 18, 2007, the Senate adjourned until 1:30 p.m. tomorrow.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Order amending Schedule I to the Hazardous Products Act (Children's Jewellery), pursuant to the Act, R.S.C. 1985, c. H-3, sbs. 7(1). —Sessional Paper No. 2/39-535.
Copies of Orders in Council P.C. 2008-247, P.C. 2008-272, P.C. 2008-387, P.C. 2008-388 and P.C. 2008-507, concerning federal-provincial agreements, pursuant to the Farm Income Protection Act, S.C. 1991, c. 22, sbs. 12(7).—Sessional Paper No. 2/39-536.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Segal substituted for that of the Honourable Senator Tkachuk (April 15).
Standing Senate Committee on Fisheries and Oceans
The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Meighen (April 15).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Callbeck (April 16).
Standing Senate Committee on National Finance
The name of the Honourable Senator Mitchell substituted for that of the Honourable Senator Chaput (April 16).
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Downe substituted for that of the Honourable Senator Kenny (April 16).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Milne (April 16).
Standing Senate Committee on Foreign Affairs and International Trade
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Dawson (April 16).