Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 58
Thursday, May 8, 2008
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Baker, Banks, Biron, Brown, Campbell, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Dyck, Eggleton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Hervieux-Payette, Hubley, Johnson, Joyal, Keon, Kinsella, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Merchant, Milne, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Spivak, Stollery, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Baker, Banks, Biron, Brown, Campbell, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, *De Bané, Di Nino, Dyck, Eggleton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Hervieux-Payette, Hubley, Johnson, Joyal, Keon, Kinsella, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, *Mercer, Merchant, Milne, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Spivak, Stollery, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, tabled its eleventh report (amendments made by An Act to amend the Canada Elections Act and the Income Tax Act (S.C. 2004, c. 24)).—Sessional Paper No. 2/39-580S.
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its twelfth report (Bill S-224, An Act to amend the Parliament of Canada Act (vacancies), without amendment).
The Honourable Senator Moore moved, seconded by the Honourable Senator Phalen, 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Murray, P.C., presented a Bill S-236, An Act to amend the Financial Administration Act (borrowing of money).
The bill was read the first time.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Banks, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Gill, seconded by the Honourable Senator Watt, for the second reading of Bill S-234, An Act to establish an assembly of the aboriginal peoples of Canada and an executive council.
A point of order was raised with respect to the acceptability of the bill.
After debate,
The Speaker reserved his decision.
Orders No. 3 to 10 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Spivak, seconded by the Honourable Senator McCoy, for the second reading of Bill S-227, An Act to amend the National Capital Act (establishment and protection of Gatineau Park).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Spivak moved, seconded by the Honourable Senator McCoy, 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. 12 and 13 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 7 were called and postponed until the next sitting.
Other
Orders No. 13 (inquiry), 11, 6 (motions), 8 (inquiry), 85 (motion), 14 (inquiry), 69, 88, 68 (motions), 16 (inquiry), 102, 96, 79, 78 (motions), 4, 12, 9, 3 and 7 (inquiries) 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 Comeau moved, seconded by the Honourable Senator Tkachuk, that further debate on the inquiry be adjourned until the next sitting.
A point of order was raised with respect to rule 27(3).
Debate.
SPEAKER'S RULING
I agree with Senator Dallaire. Rule 27(3) states:
Unless previously ordered, any item under ``Other Business'', ``Inquiries'' and ``Motions'' that has not been proceeded with during fifteen sittings shall be dropped from the Order Paper.
The motion currently before the Senate thus has nothing to do with this rule. The motion moved by Senator Comeau, seconded by Senator Tkachuk, is in order. It deals with adjourning debate to the next sitting of the Senate.
This motion is in order. However, I would like to emphasize the point Senator Dallaire made. This is and will continue to be part of the rules of the Senate until the Senate decides otherwise.
The motion before us is in order.
Accordingly, the question being put on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Tkachuk, it was adopted, on division.
Orders No. 76 (motion), 10 (inquiry) and 3 (motion) were called and postponed until the next sitting.
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, May 13, 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):
Copy of Regulations Amending the Regulations Implementing the United Nations Resolutions on Iran (P.C. 2008- 771 and SOR/JUS-610860), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 2/ 39-579.
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 3:09 p.m. the Senate was continued until Tuesday, May 13, 2008 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The names of the Honourable Senators Hubley and Campbell substituted for those of the Honourable Senators Callbeck and Mercer (May 7).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Dawson substituted for that of the Honourable Senator Mitchell (May 7).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Massicotte substituted for that of the Honourable Senator Mercer (May 7).
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Massicotte (May 8).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Moore substituted for that of the Honourable Senator Campbell (May 7).
The name of the Honourable Senator Cowan added to the membership (May 7).
The name of the Honourable Senator Campbell substituted for that of the Honourable Senator Moore (May 8).
Standing Senate Committee on National Finance
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Chaput (May 7).
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Peterson (May 8).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Trenholme Counsell (May 8).
Standing Senate Committee on Foreign Affairs and International Trade
The name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Massicotte (May 8).