Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 60
Wednesday, May 14, 2008
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Baker, Banks, Biron, Brown, Bryden, Campbell, Carstairs, Champagne, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Joyal, Keon, Kinsella, Lapointe, LeBreton, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Mercer, Merchant, Milne, Mitchell, Moore, Murray, Nancy Ruth, Oliver, Pépin, Poy, Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Baker, Banks, Biron, Brown, Bryden, Campbell, Carstairs, Champagne, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, *Dawson, *De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Joyal, Keon, Kinsella, Lapointe, LeBreton, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Mercer, Merchant, Milne, Mitchell, Moore, Murray, Nancy Ruth, *Nolin, Oliver, Pépin, Poy, Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, 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
With leave of the Senate,
The Honourable Senator Goldstein tabled the following:
Document entitled: Ensuring Student loan borrowers are treated fairly—A petition from the Coalition for Student Loan Fairness, dated May 2008 (English Text).—Sessional Paper No. 2/39-590S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey presented the following:
Wednesday, May 14, 2008
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SEVENTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2008-2009.
Internal Economy, Budgets and Administration
Professional and Other Services $ 5,000 Transportation and Communications — All Other Expenditures — TOTAL $ 5,000
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey 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 the Speaker informed the Senate that he had received a certified copy of Order in Council P.C. 2008-602, dated March 26, 2008, appointing Kevin MacLeod, Usher of the Black Rod, effective May 26, 2008.
ORDERS OF THE DAY
A point of order was raised with respect to Question Period.
Debate.
SPEAKER'S RULING
I thank the Honourable Senator for raising this point of order, as well as the manner in which he has raised it.
This was indeed the very first time the Speaker ever intervened, to my recollection, during Question Period; however, because of recent rulings around the Question Period process, the Chair has become quite familiar with the procedural jurisprudence and literature. The intervention was made today because it was clear to the Speaker that his duty, pursuant to rule 18, required the Speaker to preserve order and decorum. The Chair heard the question about committee business addressed to the Leader of the Government which is not within her purview. It was specific to a committee as the Chair heard the question, and that is why the Chair intervened to say that the question should have been asked of the chair of the committee.
I would hasten to add, Honourable Senators, that the conditio sine qua non of Honourable Senators being able to ask committee chairs questions is the presence of the committee chair in the Chamber during Question Period, as obviously the import of the presence of the Leader of the Government or a Minister who is also a Senator during Question Period.
On the point of order, the ruling is there was no breach of the rule during Question Period, and the explication is the Speaker was relying on the authority and the duty imposed by rule 18.
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Andreychuk, for the second reading of Bill C-31, An Act to amend the Judges Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Gustafson, 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.
Inquiries
Resuming debate on the inquiry of the Honourable Senator Comeau, calling the attention of the Senate to the budget entitled, Responsible Leadership, tabled in the House of Commons on February 26, 2008, by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on February 27, 2008.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Bryden, 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 Comeau moved, seconded by the Honourable Senator Di Nino:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (A) for the fiscal year ending March 31, 2009.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Ordered, That Order No. 3 under Reports of Committees be brought forward.
Resuming debate on the motion of the Honourable Senator Keon, seconded by the Honourable Senator Di Nino, for the adoption of the fifth report of the Standing Committee on Rules, Procedures and the Rights of Parliament (use of Aboriginal languages in the Senate Chamber), presented in the Senate on April 9, 2008.
After debate,
The question being put on the motion, it was adopted, on division.
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Banks, for the third reading of Bill S-224, An Act to amend the Parliament of Canada Act (vacancies).
After debate,
In amendment, the Honourable Senator Brown moved, seconded by the Honourable Senator Nancy Ruth, that Bill S-224, An Act to amend the Parliament of Canada Act (vacancies), be not now read a third time but that it be amended in clause 1, on page 1:
(a) by replacing lines 8 to 12 with the following:
"13.1 Within 180 days after a vacancy happens in the Senate, the Prime Minister shall recommend to the Governor General for appointment to fill the vacancy a person who is fit and qualified, and in doing so shall have regard to;
(a) in the case of a vacancy related to the Province of Alberta, any consultation that has taken place under the Senatorial Selection Act of that province; or
(b) in the case of a vacancy related to any other province or territory, shall have regard to any consultation that has taken place within the past six years in a provincially-held consultation for persons to represent that province or territory as members in the Senate.''; and
(b) by replacing lines 16 to 19 with the following:
"within 180 days after the day of that assent, recommend to the Governor General for appointment to fill the vacancy a person who is fit and qualified, and in doing so shall have regard to
(a) in the case of a vacancy related to the Province of Alberta, any consultation that has taken place under the Senatorial Selection Act of that province; or
(b) in the case of a vacancy related to any other province or territory, within the past six years any consultation for persons to represent that province or territory as members in the Senate.''.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, 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. 2 to 13 were called and postponed until the next sitting.
Ordered, That notwithstanding rule 27(3), Order No. 14 (Bill S-226) remain on the Order Paper for another fifteen consecutive sitting days.
Order No. 15 was called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1, 2 and 4 to 7 were called and postponed until the next sitting.
Other
Orders No. 8, 11, 13 (inquiries), 11, 6, 85 (motions), 14 (inquiry), 69, 88, 68 (motions), 16 (inquiry), 102, 96, 79, 78 (motions), 4, 12, 9, 3, 7 (inquiries), 76 (motion), 10 (inquiry) and 3 (motion) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Canada Post Corporation for the year ended December 31, 2007, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 2/39-588.
Summaries of the Corporate Plan for 2008-2009 to 2012-2013 and of the Capital and Operating Budgets for 2008- 2009 of the Enterprise Cape Breton Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-589.
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 3:54 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 Nolin substituted for that of the Honourable Senator Oliver (May 14).
Standing Senate Committee on Foreign Affairs and International Trade
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Eyton (May 14).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Cowan removed from the membership (May 14).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Trenholme Counsell substituted for that of the Honourable Senator Callbeck (May 14).