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The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, Dawson, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Jaffer, Johnson, Keon, Kinsella, Kirby, Lapointe, LeBreton, Losier-Cool, Massicotte, Meighen, Mercer, Merchant, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Pépin, Peterson, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, Dawson, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Jaffer, Johnson, Keon, Kinsella, Kirby, Lapointe, LeBreton, Losier-Cool, Massicotte, Meighen, Mercer, Merchant, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Pépin, Peterson, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, *Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
The Senate observed a minute of silence to the memory of the Honourable Senator Forrestall whose death occurred June 8, 2006.
Some Honourable Senators made statements.
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Proposed Order under section 8 of the Telecommunications Act — Policy Direction to the Canadian Radio- Television and Telecommunications Commission.—Sessional Paper No. 1/39-203.
The Honourable the Speaker tabled the following:
Report of the Information Commissioner for the period ending March 31, 2006, pursuant to the Access to Information Act, R.S.C., 1985, c. A-1, s. 38.—Sessional Paper No. 1/39-204.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kirby, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its fourth report (Bill S-211, An Act to amend the Criminal Code (lottery schemes), without amendment).
The Honourable Senator Lapointe moved, seconded by the Honourable Senator Kirby, 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.
The Honourable Senator Di Nino presented the following:
Tuesday, June 13, 2006
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its
SECOND REPORT
Pursuant to Rule 86(1)(f)(i), your Committee is pleased to report as follows:
The User Fees Act, S.C. 2004, c. 6, received Royal Assent on March 31, 2004. It originated as a private Member's bill in the House of Commons. The purpose of the Act is provide a consultation process with stakeholders before the introduction of new user fees, or the increase or extension of existing user fees, followed by parliamentary approval.
The Act requires Ministers to cause proposals to be tabled in each House of Parliament. Each proposal that is tabled is deemed referred to the "appropriate standing committee'' of each House. The committee may submit a report containing recommendations regarding the proposal. If after 20 sitting days, no report has been tabled by the committee, it is deemed to have recommended the approval of the proposal. The Senate and House of Commons may pass a resolution approving, rejecting or amending the recommendation made by the committee.
The wording of the User Fees Act is more consistent with the procedures of the House of Commons, with its pre- determined "appropriate standing committees,'' which mirror government departments and agencies. In the Senate, however, committees are organized more along policy lines, and, in any event, generally require a specific order of reference from the chamber with respect to any study that they undertake.
Given the tight timeframe envisaged by the Act for reviewing proposals — 20 sitting days — your Committee believes that it is important that they be referred to a committee without delay. We are recommending an amendment to the Rules of the Senate to facilitate this. It is your Committee's hope and expectation that there will be consultations between the leadership of the two sides prior to any tabling of a proposal so as to expedite the process and ensure that the Senate carries out its responsibilities under the Act in a meaningful way.
Your Committee recommends that the Rules of the Senate be amended by adding after subsection (3) of Rule 28 the following:
28 (3.1) When the Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate tables a document proposing a user fee, it is deemed referred, without debate or a vote, to the select committee designated in the Senate for the purpose by the Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate following consultation with the Leader of the Opposition in the Senate or the Deputy Leader of the Opposition in the Senate.
(3.2) If the select committee does not report within twenty sitting days, the committee is deemed to have recommended approval of the user fee.
Respectfully submitted,
CONSIGLIO DI NINO
Chair
The Honourable Senator Di Nino moved, seconded by the Honourable Senator St. Germain, P.C., 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, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its third report (decisions taken during the period of dissolution between the 38th and 39th Parliaments).—Sessional Paper No. 1/39-205S.
The Honourable Senator Furey moved, seconded by the Honourable Senator Callbeck, 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 Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled its third report entitled: The Demographic Time Bomb: Mitigating the effects of Demographic Change in Canada.—Sessional Paper No. 1/39-206S.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Pépin, 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 tabled the following (Sessional Paper No. 1/39-207S):
Tuesday, June 13, 2006
The Standing Committee on Internal Economy, Budgets and Administration has the honour to table its
FOURTH REPORT
Your Committee reports, pursuant to Rule 104, that the expenses incurred by the Committee during the First Session of the Thirty-Eighth Parliament are as follows:
Professional & Other Services: $ 1,654.00 Transportation & Communications: 242.00 All Other Expenditures: —. TOTAL: $ 1,896.00
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Trenholme Counsell presented the following:
Tuesday, June 13, 2006
The Standing Joint Committee on the Library of Parliament has the honour to present its
FIRST REPORT
Your Committee recommends to the Senate that it be authorized to assist the Speaker of the Senate and the Speaker of the House of Commons in directing and controlling the Library of Parliament, and that it be authorized to make recommendations to the Speaker of the Senate and the Speaker of the House of Commons regarding the governance of the Library and the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein.
Your Committee recommends that its quorum be fixed at six members, provided that each House is represented, and a member from the opposition and a member from the government are present, whenever a vote, resolution or other decision is taken; and that the Joint Chairs be authorized to hold meetings to receive evidence and to have that evidence published when a quorum is not present, provided that at least three members are present, including a member from the opposition and a member from the government.
Your Committee further recommends to the Senate that it be empowered to sit during sittings and adjournments of the Senate.
A copy of the relevant minutes of Proceedings (Meeting No. 1) is tabled in the House of Commons.
Respectfully submitted,
MARILYN TRENHOLME COUNSELL
Joint Chair
The Honourable Senator Trenholme Counsell moved, seconded by the Honourable Senator Lapointe, 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.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Champagne, P.C.:
That when the Senate adjourns today, it do stand adjourned until Thursday, June 15, 2006, at 1:30 p.m.
After debate,
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Mercer tabled the following:
Report of the Canadian Branch of the Commonwealth Parliamentary Association respecting its participation at the United Kingdom Branch Seminar on "Restoring Faith in the Political Process: Tackling Corruption, Upholding Human Rights, the role of the Media'', held in London, United Kingdom, from January 22 to 28, 2006.—Sessional Paper No. 1/39-208.
The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-parliamentary Group respecting its participation at the Emergence of Cross-Border Regions between Canada and the United States: Ottawa Roundtable, hosted by the Policy Research Initiative (Privy Council Office) and the Canada-United States Inter-parliamentary Group, held in Ottawa, Ontario, March 6 and 7, 2006.—Sessional Paper No. 1/39-209.
Report of the Co-Chair of the Canada-United States Inter-Parliamentary Group, respecting his participation at the Great Lakes Day, held in Washington, D.C., United-States, on March 16, 2006.—Sessional Paper No. 1/39-210.
Bills
Resuming debate on the motion of the Honourable Senator Angus, seconded by the Honourable Senator Eyton, for the second reading of Bill C-13, An Act to implement certain provisions of the budget tabled in Parliament on May 2, 2006.
After debate,
The question being put on the motion, it was adopted on division.
The bill was then read the second time, on division.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Angus, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
Second reading of Bill C-15, An Act to amend the Agricultural Marketing Programs Act.
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Meighen, 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.
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Meighen, that the bill be referred to the Standing Senate Committee on Agriculture and Forestry.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Comeau, for the second reading of Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure).
After debate,
The Honourable Senator Fraser, for the Honourable Senator Mitchell, moved, seconded by the Honourable Senator Pépin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Spivak, seconded by the Honourable Senator Segal, for the second reading of Bill S-210, An Act to amend the National Capital Act (establishment and protection of Gatineau Park).
After debate,
The Honourable Senator Fraser, for the Honourable Senator De Bané, P.C., moved, seconded by the Honourable Senator Gill, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 4 to 12 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Callbeck, for the second reading of Bill S-205, An Act to amend the Food and Drugs Act (clean drinking water).
After debate,
The Honourable Senator Keon moved, seconded by the Honourable Senator Di Nino, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Other
Order No. 2 (inquiry) was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Meighen:
That the Senate of Canada implore President Vladimir Putin, President of Russia, to use his good office to shed light on the whereabouts of Raoul Wallenberg, the Swedish diplomat who was responsible for saving the lives of thousands of people from the Nazi death camps. Mr. Wallenberg was allegedly seized by the Soviet Army on January 17, 1945 and has not been seen or heard from since.
After debate,
With leave of the Senate and pursuant to rule 30, the motion was modified to read as follows:
That the Senate of Canada support the effort of the International Raoul Wallenberg Foundation regarding their request to President Vladimir Putin, President of Russia, to use his good office to shed light on the whereabouts of Raoul Wallenberg, the Swedish diplomat who was responsible for saving the lives of thousands of people from the Nazi death camps. Mr. Wallenberg was allegedly seized by the Soviet Army on January 17, 1945 and has not been seen or heard from since.
The question being put on the motion, as modified, it was adopted.
Orders No. 4 (inquiry) and 70 (motion) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Corbin, seconded by the Honourable Senator Bryden:
That the Senate should recognize the inalienable right of the first inhabitants of the land now known as Canada to use their ancestral language to communicate for any purpose; and
That, to facilitate the expression of this right, the Senate should immediately take the necessary administrative and technical measures so that senators wishing to use their ancestral language in this House may do so.
After debate,
The Honourable Senator Comeau 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.
Orders No. 3 (inquiry), 53, 49, 3 and 10 (motions) were called and postponed until the next sitting.
The Honourable Senator Tardif called the attention of the Senate to questions concerning post-secondary education in Canada.
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Di Nino, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Trenholme Counsell called the attention of the Senate to concerns regarding the Agreements in Principle signed by the Government of Canada and the Provincial governments between April 29, 2005 and November 25, 2005 entitled Moving Forward on Early Learning and Child Care, as well as the funding agreements with Ontario, Manitoba and Québec, and the Agreements in Principle prepared for the Yukon, the North West Territories and Nunavut.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Gill, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Plamondon called the attention of the Senate to the importance of recognizing access to drinking water as a fundamental human right.
Debate concluded.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Stollery:
That the following Resolution on Combating Anti-Semitism which was adopted unanimously at the 14th Annual Session of the OSCE Parliamentary Association, in which Canada participated in Washington on July 5, 2005, be referred to the Standing Senate Committee on Human Rights for consideration and that the Committee table its final report no later than October 30, 2006:
RESOLUTION ON COMBATING
ANTI-SEMITISM
Recalling the resolutions on anti-Semitism by the OSCE Parliamentary Assembly, which were unanimously passed at the annual meetings in Berlin in 2002, in Rotterdam in 2003 and in Edinburgh in 2004,
1. Referring to the commitments made by the participating states emerging from the OSCE conferences in Vienna (June 2003), Berlin (April 2004) and Brussels (September 2004) regarding legal, political and educational efforts to fight anti-Semitism, ensuring "that Jews in the OSCE region can live their lives free of discrimination, harassment and violence'',
2. Welcoming the convening of the Conference on Anti-Semitism and on Other Forms of Intolerance in Cordoba, Spain in June 2005,
3. Commending the appointment and continuing role of the three Personal Representatives of the Chairman-in- Office of the OSCE on Combating Anti-Semitism, on Combating Intolerance and Discrimination against Muslims, and on Combating Racism, Xenophobia and Discrimination, also focusing on Intolerance and Discrimination against Christians and Members of Other Religions, reflecting the distinct role of each in addressing these separate issues in the OSCE region,
4. Reaffirming the view expressed in earlier resolutions that anti-Semitism constitutes a threat to fundamental human rights and to democratic values and hence to the security in the OSCE region,
5. Emphasizing the importance of permanent monitoring mechanisms of incidents of anti-Semitism at a national level, as well as the need for public condemnations, energetic police work and vigorous prosecutions,
The Parliamentary Assembly of the OSCE:
6. Urges OSCE participating states to adopt national uniform definitions for monitoring and collecting information about anti-Semitism and hate crimes along the lines of the January 2005 EUMC Working Definition of Anti- Semitism and to familiarize officials, civil servants and others working in the public sphere with these definitions so that incidents can be quickly identified and recorded;
7. Recommends that OSCE participating states establish national data collection and monitoring mechanisms and improve information-sharing among national government authorities, local officials, and civil society representatives, as well as exchange data and best practices with other OSCE participating states;
8. Urges OSCE participating states to publicize data on anti-Semitic incidents in a timely manner as well as report the information to the OSCE Office for Democratic Institutions and Human Rights (ODIHR);
9. Recommends that ODIHR publicize its data on anti-Semitic crimes and hate crimes on a regular basis, highlight best practices, as well as initiate programs with a particular focus in the areas of police, law enforcement, and education;
10. Calls upon national governments to allot adequate resources to the monitoring of anti-Semitism, including the appointment of national ombudspersons or special representatives;
11. Emphasizes the need to broaden the involvement of civil society representatives in the collection, analysis and publication of data on anti-Semitism and related violence;
12. Calls on the national delegations of the OSCE Parliamentary Assembly to ensure that regular debates on the subject of anti-Semitism are conducted in their parliaments and furthermore to support public awareness campaigns on the threat to democracy posed by acts of anti-Semitic hatred, detailing best practices to combat this threat;
13. Calls on the national delegations of the OSCE Parliamentary Assembly to submit written reports at the 2006 Annual Session on the activities of their parliaments with regard to combating anti-Semitism;
14. Calls on the OSCE participating states to develop educational material and teacher training methods to counter contemporary forms of anti-Semitism, as well as update programs on Holocaust education;
15. Urges both the national parliaments and governments of OSCE participating states to review their national laws;
16. Urges the OSCE participating states to improve security at Jewish sites and other locations that are potential targets of anti-Semitic attacks in coordination with the representatives of these communities.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Stollery, that the debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Report of Ridley Terminals Inc., together with the Auditor General's Report, for the year 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/39-198.
Summary of the Corporate Plan for 2006-2007 to 2010-2011 of the Canada Lands Company Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-199.
Report of the Canada Foundation for Sustainable Development Technology (including supplements I and II required by the Funding Agreement of March 31, 2005), together with the Auditors' Report, for the year 2005, pursuant to the Canada Foundation for Sustainable Development Technology Act, S.C. 2001, c. 23, sbs. 30(3).—Sessional Paper No. 1/39-200.
Summaries of the Corporate Plan for 2006-2007 to 2010-2011 and of the Capital and Operating Budgets for 2006- 2007 of the Cape Breton Development Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F- 11, sbs. 125(4). —Sessional Paper No. 1/39-201.
Report of the Department of Foreign Affairs and International Trade on Canada's State of Trade for the year 2006.—Sessional Paper No. 1/39-202.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Cochrane:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:00 p.m. the Senate was continued until Thursday, June 15, 2006 at 1:30 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Di Nino (June 9).
The name of the Honourable Senator Campbell substituted for that of the Honourable Senator Fitzpatrick (June 12).
The name of the Honourable Senator Fitzpatrick substituted for that of the Honourable Senator Campbell (June 13).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Cochrane substituted for that of the Honourable Senator Segal (June 13).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Tkachuk (June 12).
The names of the Honourable Senators Tkachuk and Meighen substituted for those of the Honourable Senators Stratton and Segal (June 13).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Robichaud substituted for that of the Honourable Senator Milne (June 13).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Joyal (June 13).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Biron substituted for that of the Honourable Senator Phalen (June 12).
