Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 63
Wednesday, May 28, 2008
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Bacon, Baker, Banks, Biron, Brown, Bryden, Champagne, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dallaire, Dawson, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fox, Fraser, Furey, Goldstein, Gustafson, Harb, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Oliver, Pépin, Peterson, Phalen, Pitfield, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Bacon, Baker, Banks, Biron, Brown, Bryden, Champagne, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, *Fortier, Fox, Fraser, Furey, Goldstein, Gustafson, Harb, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, *Nolin, Oliver, Pépin, Peterson, Phalen, Pitfield, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Pursuant to rule 43(7), the Honourable Senator Comeau gave notice that he would raise a question of privilege concerning the proceedings of the May 26, 2008 meeting of the Standing Senate Committee on National Security and Defence, and in particular, the committee's adoption of a draft report that was available to Senators in only one of Canada's two official languages.
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Report of the Public Sector Integrity Commissioner for the period ending March 31, 2008, pursuant to the Public Servants Disclosure Protection Act, S.C., 2005, c. 46, s. 38.—Sessional Paper No. 2/39-600.
The Honourable Senator Comeau tabled the following:
Department of Natural Resources User Fees Proposal relating to Explosives
Regulatory Division activities, dated May 16, 2008, pursuant to the User Fees
Act, S.C. 2004, c. 6, sbs. 4(2). —Sessional Paper No. 2/39-601.
(Pursuant to Rule 28(3.1), this document is deemed referred to the Standing
Senate Committee on Energy, the Environment and Natural Resources)
Presentation of Reports from Standing or Special Committees
The Honourable Senator Joyal, P.C., Chair of the Standing Committee on Conflict of Interest for Senators, presented its fourth report (amendments to the Conflict of Interest Code for Senators).
(The report is printed as appendix "A'' at pages 1102-1134 (available in print format PDF).)
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Mahovlich, 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 thirteenth report entitled: The Officers and Agents of Parliament created or modified under the Federal Accountability Act.
(The report is printed as appendix "B'' at pages 1135-1205 (available in print format PDF).)
The Honourable Senator Day moved, seconded by the Honourable Senator Dallaire, 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.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-459, An Act to establish a Ukrainian Famine and Genocide ("Holodomor'') Memorial Day and to recognize the Ukrainian Famine of 1932-33 as an act of genocide, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Gustafson, that the bill be placed on the Orders of the Day for a second reading later this day.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Losier-Cool tabled the following:
Report of the Canadian Section of the Assemblée parlementaire de la Francophonie (APF), respecting its participation at the Meeting of the Executive Committee of the Network of Women Parliamentarians of the APF, held in Brussels, Belgium, on February 19 and 20, 2008.—Sessional Paper No. 2/39-602.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Inquiries
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
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);
And on the motion in amendment of the Honourable Senator Brown, 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.''.
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Brown, Champagne, Cochrane, Comeau, Di Nino, Eyton, Gustafson, Johnson, Keon, LeBreton, Meighen, Nancy Ruth, Oliver, Segal, St. Germain, Stratton, Tkachuk—19
NAYS
The Honourable Senators
Bacon, Baker, Banks, Biron, Bryden, Cook, Corbin, Cowan, Dallaire, Dawson, Day, Dick, Downe, Eggleton, Fairbairn, Fox, Fraser, Furey, Goldstein, Harb, Hervieux-Payette, Hubley, Joyal, Kenny, Losier-Cool, Lovelace Nicholas, Mahovlich, McCoy, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Pépin, Phalen, Poy, Ringuette, Rivest, Robichaud, Sibbeston, Smith, Spivak, Tardif, Trenholme Counsell, Watt, Zimmer—48
ABSTENTIONS
The Honourable Senators
Prud'homme—1
The Senate resumed 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).
The Honourable Senator Andreychuk 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, on division.
Ordered, That Bill C-459, placed on the Orders of the Day for second reading later this day, be brought forward.
Second reading of Bill C-459, An Act to establish a Ukrainian Famine and Genocide ("Holodomor'') Memorial Day and to recognize the Ukrainian Famine of 1932-33 as an act of genocide.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk, 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.
With leave of the Senate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk, that the bill be read a third time now.
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.
DEFERRED VOTE
At 3:30 p.m., pursuant to the Order adopted May 27, 2008, the Senate proceeded to the taking of the deferred standing vote 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).
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Bacon, Baker, Banks, Bryden, Cook, Corbin, Cowan, Dallaire, Dawson, Day, Dick, Downe, Eggleton, Fairbairn, Fraser, Furey, Goldstein, Harb, Hervieux-Payette, Hubley, Joyal, Kenny, Losier-Cool, Lovelace Nicholas, Mahovlich, McCoy, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Pépin, Peterson, Phalen, Poy, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Spivak, Tardif, Trenholme Counsell, Watt, Zimmer—47
NAYS
The Honourable Senators
Andreychuk, Angus, Brown, Champagne, Cochrane, Comeau, Di Nino, Eyton, Gustafson, Johnson, Keon, LeBreton, Meighen, Nancy Ruth, Oliver, Prud'homme, Rivest, Segal, St. Germain, Stratton, Tkachuk—21
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, Bill S-228 was read the second time.
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Hubley, that the bill be referred to the Standing Senate Committee on Agriculture and Forestry.
The question being put on the motion, it was adopted.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-33, An Act to amend the Canadian Environmental Protection Act, 1999, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Gustafson, 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.
Senate Public Bills
Orders No. 2, 3 and 5 to 15 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 6 were called and postponed until the next sitting.
Other
Orders No. 102, 69 (motions), 7, 8, 11, 13 (inquiries), 11, 6, 85 (motions), 14 (inquiry), 88, 68 (motions), 16 (inquiry), 96 and 79 (motions), were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Harb, seconded by the Honourable Senator Goldstein:
That the Senate take note of the proposed sale of the Canadarm, RADARSAT satellite business to American arms- maker Alliant Techsystems for $1.325 billion;
That the Senate note that this nationally significant technology was funded by Canadian taxpayers through grants and other technology subsidies for civilian and commercial purposes;
That the Senate note that this sale threatens to put Canada in breach of the 1997 international landmines treaty it was instrumental in writing;
That the Senate acknowledge that although Industry Canada will do a mandatory review of the trade issues relating to the sale there are many vital social, political, moral and technological issues that need to be examined;
That the Senate of Canada urge the Government of Canada to block the proposed sale of the nationally significant Canadarm, RADARSAT satellite business to American arms-maker Alliant Techsystems; and
That a message be sent to the House of Commons to acquaint that House with the above.
After debate,
With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:
That the Senate take note of the Minister of Industry's positive decision to block the proposed sale of the Canadarm, RADARSAT satellite business to American arms-maker Alliant Techsystems for $1.325 billion;
That the Senate concur with that decision; and
That a message be sent to the House of Commons to acquaint that House with the above.
The question being put on the motion as modified, it was adopted.
Orders No. 4, 12 and 9 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Callbeck, calling the attention of the Senate to the thousands of Canadian seniors who are not receiving the benefits from the Canada Pension Plan to which they are entitled.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Mahovlich, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 76 (motion), 10 (inquiry) and 3 (motion), were called and postponed until the next sitting.
QUESTION OF PRIVILEGE
Pursuant to rule 43(8), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Comeau concerning the proceedings of the May 26, 2008 meeting of the Standing Senate Committee on National Security and Defence, and in particular, the committee's adoption of a draft report that was available to Senators in only one of Canada's two official languages.
After debate,
Pursuant to Rule 18(3), the Speaker suspended the debate until the end of Orders of the Day at the next sitting.
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):
Report of the Canada Pension Plan Investment Board, together with the Auditors' Report, for the fiscal year ended March 31, 2008, pursuant to the Canada Pension Plan Investment Board Act, S.C. 1997, c. 40, sbs. 51(2).—Sessional Paper No. 2/39-599.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Biron substituted for that of the Honourable Senator Callbeck (May 27).
The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Biron (May 28).
Standing Senate Committee on National Security and Defence
The names of the Honourable Senators Dallaire and Downe substituted for those of the Honourable Senators Day and Kenny (May 28).