Journals of the Senate
57 Elizabeth II, A.D. 2008, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 64
Thursday, May 29, 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, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Gustafson, Harb, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, 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, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Gustafson, Harb, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, *Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Annual Report of the Commissioner of Official Languages 2007-2008, pursuant to the Official Languages Act, R.S.C. 1985 (4th Supp.), c. 31, s. 66.—Sessional Paper No. 2/39-611.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kenny, Chair of the Standing Senate Committee on National Security and Defence, presented its sixth report (budget—release of additional funds (study on the national security policy)).
(The report is printed as an appendix.)
The Honourable Senator Kenny moved, seconded by the Honourable Senator Downe, 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-21, An Act to amend the Canadian Human Rights Act, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Milne tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association, respecting its participation at the Second Part of the 2008 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from April 14 to 18, 2008.—Sessional Paper No. 2/39-612.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau, tabled the following:
Reply to Question No. 27, dated February 26, 2008, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Hubley, respecting activities or support CIDA undertook in the last fiscal year (2007-2008) in relation to landmines.—Sessional Paper No. 2/39-613S.
With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Furey presented the following:
Thursday, May 29, 2008
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
EIGHTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2008-2009.
National Security and Defence (Legislation)
Professional and Other Services $ 8,000 Transportation and Communications — All Other Expenditures 250 TOTAL $ 8,250
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Moore, 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 Furey presented the following:
Thursday, May 29, 2008
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
NINTH REPORT
Your Committee recommends that Senate SEGs and MMG-2s receive a 2.0 per cent increase to salary ranges, effective April 1, 2008, as well a 2.1 per cent increase to at-risk pay for 2008-2009, parallel to increases adopted by the Treasury Board for Public Service executives and Deputy Ministers.
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Kenny, 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
GOVERNMENT BUSINESS
Inquiries
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 11 were called and postponed until the next sitting.
Order No. 12 (Bill S-232) was called and pursuant to rule 27(3) was dropped from the Order Paper.
Orders No. 13 and 14 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
Consideration of the fourth report of the Standing Committee on Conflict of Interest for Senators (amendments to the Conflict of Interest Code for Senators), presented in the Senate on May 28, 2008.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Bryden, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 2 to 6 were called and postponed until the next sitting.
Resuming debate on the consideration of the tenth report (interim) of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: Population Health Policy: Issues & Options, tabled in the Senate on April 2, 2008.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Comeau, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 3 (inquiry), 102, 69 (motions), 7, 8, 11, 13 (inquiries), 11, 6, 85 (motions), 14 (inquiry), 88 and 68 (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 recent report on the Human Rights of Parliamentarians at the meeting of the Inter-Parliamentary Union in Cape Town, South Africa, April 2008.
After debate,
The Honourable Senator Prud'homme, P.C., 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. 96, 79 (motions) and 4 (inquiry) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Hubley, calling the attention of the Senate to the current state of maternity and parental benefits in Canada, to the challenges facing working Canadians who decide to have children, and to the options for improving federal benefits programs to address these challenges.
After debate,
The Honourable Senator Hubley, for the Honourable Senator Trenholme Counsell, moved, seconded by the Honourable Senator Keon, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the inquiry of the Honourable Senator Carstairs, P.C., calling the attention of the Senate to the reasons for the high attrition rate of Foreign Service Officers and others who serve in Canadian Embassies abroad, most particularly the failure of this and past governments to recognize the rights of the partners of these employees.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Gustafson, 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 18(3), the Senate resumed 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.
Debate.
SPEAKER'S RULING
Honourable Senators, I thank all who have participated in the debate on whether a prima facie case of privilege has been made. While the Chair is tempted to accept the invitation of Senator Baker, I will exercise discipline and not go down that avenue based on the tradition that the Speaker of the Senate does not engage in judgments of constitutional law.
However, I will give now my ruling on the question of whether a prima facie case of privilege has been made out. I wish to always err in allowing members of the Senate their rights to engage fully in debate in either official language of our country. It is not only the tradition of this House but it is also solidly based on the law of Canada, including parliamentary law. I arrive at the conclusion that a prima facie case, which is all I have to deal with, has been made out. That is my finding and I leave the disposition of the matter of privilege to the House. Senator Comeau has indicated that he will have a motion to make.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk:
That this question of privilege be referred to the Standing Committee on Rules, Procedures, and the Rights of Parliament for study and report.
The question being put on the motion, it was adopted.
WRITTEN DECLARATION OF ROYAL ASSENT
At 3:09 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
May 29, 2008
Mr. Speaker:
I have the honour to inform you that the Honourable Marie Deschamps, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 29th day of May 2008, at 2:38 p.m.
Yours sincerely,
Eileen Boyd
For the Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, May 29, 2008
An Act to protect heritage lighthouses (Bill S-215, Chapter 16, 2008)
An Act respecting the provision of official development assistance abroad (Bill C-293, Chapter 17, 2008)
An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments) (Bill C-13, Chapter 18, 2008)
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 (Bill C-459, Chapter 19, 2008)
Ordered, That Orders No. 1 and 2 (Bill S-224 and Bill S-210) under ORDERS OF THE DAY, OTHER BUSINESS, Senate Public Bills, be again called.
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,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., for the third reading of Bill S-210, An Act to amend the Criminal Code (suicide bombings).
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Comeau, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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 Andreychuk:
That when the Senate adjourns today, it do stand adjourned until Tuesday, June 3, 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):
Report of the 2875039 Canada Limited 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. 2/39-603.
Report of the 2875047 Canada Limited 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. 2/39-604.
Report of the 3906949 Canada Inc. 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. 2/39-605.
Report of the Canada Post International Limited 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. 2/39-606.
Summaries of the Corporate Plan for 2008-2009 to 2012-2013 and of the Operating and Capital Budgets for 2008- 2009 of the Canadian Museum of Nature, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-607.
Summaries of the Corporate Plan for 2008-2009 to 2012-2013 and of the Operating and Capital Budgets for 2008- 2009 of the Canada Science and Technology Museum Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-608.
Summaries of the Corporate Plan and of the Operating and Capital Budgets for 2008-2009 to 2012-2013 of the Canadian Museum of Civilization Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-609.
Summaries of the Corporate Plan and of the Operating and Capital Budgets for 2008-2009 to 2012-2013 of the National Gallery of Canada and its affiliate, the Canadian Museum of Contemporary Photography, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/39-610.
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 3:45 p.m. the Senate was continued until Tuesday, June 3, 2008, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Biron (May 28).
The names of the Honourable Senators Gustafson and Dawson substituted for those of the Honourable Senators Meighen and Ringuette (May 29).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Campbell (May 28).
Standing Senate Committee on National Security and Defence
The names of the Honourable Senators Day and Kenny substituted for those of the Honourable Senators Dallaire and Downe (May 28).