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55 Elizabeth II, A.D. 2006, Canada

Journals of the Senate
(Unrevised)

1st Session, 39th Parliament


Issue 36

Tuesday, October 17, 2006
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Day, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Gill, Goldstein, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Massicotte, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Peterson, Phalen, Pitfield, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, *Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, *Dawson, Day, *De Bané, *Di Nino, *Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Gill, Goldstein, Gustafson, *Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Massicotte, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, *Oliver, Peterson, Phalen, Pitfield, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, *Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer

PRAYERS

The Senate observed one minute of silence in memory of Trooper Mark Andrew Wilson, Sergeant Darcy Tedford and Private Blake Williamson whose tragic deaths occurred on October 7 and 14, 2006, while serving their country in Afghanistan.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

With leave of the Senate,

The Honourable Senator Kenny tabled the following:

Letter dated September 25, 2006, addressed to the Honourable Senator Kenny, Chair of the Standing Senate Committee on National Security and Defence, from the Honourable Senator Rompkey, P.C., respecting the Base at Goose Bay (bilingual text); and the answer to this letter, dated October 10, 2006 (English text).—Sessional Paper No.1/ 39-512S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Orders No. 1 to 3 were 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

Resuming debate on the motion of the Honourable Senator Lapointe, seconded by the Honourable Senator Tardif, for the third reading of Bill S-211, An Act to amend the Criminal Code (lottery schemes).

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.

Orders No. 2 to 13 were called and postponed until the next sitting.

Private Bills

Order No. 1 was called and postponed until the next sitting.

Reports of Committees

Orders No. 1 and 2 were called and postponed until the next sitting.

Resuming debate on the consideration of the fourth report of the Standing Senate Committee on National Security and Defence, entitled: Managing Turmoil, The Need to Upgrade Canadian Foreign Aid and Military Strength to Deal with Massive Change, tabled in the Senate on October 4, 2006.

After debate,

The Honourable Senator Baker, P.C. moved, seconded by the Honourable Senator Rompkey, P.C.:

That all references to CFB Goose Bay (Labrador) be removed from the Interim Report of the Standing Senate Committee on National Security and Defence.

After debate,

The Honourable Senator Kenny moved, seconded by the Honourable Senator Moore, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was negatived on the following vote:

YEAS

The Honourable Senators

Banks, Fairbairn, Joyal, Kenny, Moore, Murray, Segal—(7)

NAYS

The Honourable Senators

Angus, Baker, Biron, Bryden, Champagne, Chaput, Cochrane

Comeau, Cook, Cordy, Cowan, Dyck, Gill, Hubley, Jaffer, Keon, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mercer, Milne, Munson, Nancy Ruth, Nolin, Peterson, Prud'homme, Robichaud, Rompkey, Smith, Stratton, Tardif, Trenholme Counsell, Watt, Zimmer—(35)

ABSTENTIONS

The Honourable Senators

Fraser, St. Germain , Tkachuk—(3)

The Senate resumed debate on the motion of the Honourable Senator Baker, P.C., seconded by the Honourable Senator Rompkey, P.C.:

That all references to CFB Goose Bay (Labrador) be removed from the Interim Report of the Standing Senate Committee on National Security and Defence.

The question being put on the motion, it was adopted, on division.

The Senate resumed debate on the consideration of the fourth report, as amended, of the Standing Senate Committee on National Security and Defence, entitled: Managing Turmoil, The Need to Upgrade Canadian Foreign Aid and Military Strength to Deal with Massive Change, tabled in the Senate on October 4, 2006.

The Honourable Senator Fraser moved, seconded by the Honourable Senator Cook, that the debate on the consideration of the report, as amended, be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Consideration of the second report (interim) of the Standing Senate Committee on Official Languages, entitled: Understanding the Reality and Meeting the Challenges of Living in French in Nova Scotia—Fact-Finding Mission to the Acadian and Francophone Communities of Nova Scotia, from September 19 to 23, 2005, tabled in the Senate on October 5, 2006.

The Honourable Senator Chaput moved, seconded by the Honourable Senator Tardif:

That the second report of the Standing Senate Committee on Official Languages, entitled: Understanding the Reality and Meeting the Challenges of Living in French in Nova Scotia, tabled in the Senate on October 5, 2006 be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Canadian Heritage, the President of the Treasury Board and the Minister for Official Languages being identified as Ministers responsible for responding to the report.

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. 5 to 7 were called and postponed until the next sitting.

Other

Orders No. 14 (inquiry), 101 (motion) and 3 (inquiry) were called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Fraser calling the attention of the Senate to the contributions to the Senate of the Honourable Senator Kirby, who will resign October 31, 2006.

Debate concluded.

Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Di Nino:

That the Senate calls upon the Government of Canada:

(a) to cause the bringing into force of section 80 of the Public Safety Act, 2002, Chapter 15 of the Statutes of Canada 2004, assented to on May 6, 2004, which amends the National Defence Act by adding a new Part VII dealing with the reinstatement in civil employment of officers and non-commissioned members of the reserve force;

(b) to consult with the provincial governments as provided in paragraph 285.13(a) of the new Part VII with respect the implementation of that Part; and

(c) to take appropriate measures in order for the provisions under the new Part VII to apply to all reservists who voluntarily participate in a military exercise or an overseas operation, and not to limit the provisions to those reservists who are called out on service in respect of an emergency.

After debate,

Further debate on the motion was adjourned until the next sitting, in the name of the Honourable Senator Banks.

Orders No. 5, 6 and 9 (inquiries) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Joyal, P.C.:

That

Whereas the federal government has a leadership and coordination role, and a direct service delivery role for certain populations, with regards to palliative and end-of-life care in Canada;

And Whereas only 15 per cent of Canadians have access to integrated, palliative and end-of-life care;

Be It Resolved That the Senate of Canada urge the Government to provide long-term, sustainable funding for the further development of a Canadian Strategy on Palliative and End-of-Life Care which is cross-departmental and cross-jurisdictional, and meets the needs of Canadians; and

That a message be sent to the House of Commons requesting that House to unite with the Senate for the above purpose.

After debate,

The question being put on the motion, it was adopted.

Orders No. 8 (inquiry), 5, 10 (motions), 11 (inquiry), 9 (motion) and 4 (inquiry) were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Mitchell called the attention of the Senate to issues of importance to the regions in Alberta, with particular emphasis on Grand Prairie.

After debate,

The Honourable Senator St. Germain, P.C., 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.

The Honourable Senator Gill called the attention of the Senate to the Government of Canada's position on the First Peoples on the national and international level.

After debate,

The Honourable Senator Watt moved, seconded by the Honourable Senator Fraser, that further debate on the inquiry be adjourned until the next sitting.

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 Management of Canada's Official International Reserves for the period January 1, 2005 to March 31, 2006, pursuant to the Currency Act, R.S.C. 1985, c. C-52, sbs. 21(1) and 21(2).—Sessional Paper No. 1/39-468.

Reports of the National Round Table on the Environment and the Economy for the fiscal year ended March 31, 2006, 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. 1/39-469.

Report of the Blue Water Bridge Authority for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-470.

Report of the Canadian Centre on Substance Abuse, together with the Auditors' Report, for the fiscal year ended March 31, 2006, pursuant to the Canadian Centre on Substance Abuse Act, S.C. 1988, c. 58, sbs. 31(2).—Sessional Paper No. 1/39- 471.

Report of the Canadian Nuclear Safety Commission, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Nuclear Safety and Control Act, S.C. 1997, c. 9, s. 72.—Sessional Paper No. 1/ 39-472.

Reports of the Department of Public Works and Government Services Canada for the fiscal year ended March 31, 2006, 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. 1/39- 473.

Reports of the Business Development Bank of Canada for the fiscal year ended March 31, 2006, 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. 1/39- 474.

Reports of the Department of Industry for the fiscal year ended March 31, 2006, 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. 1/39- 475.

Report of the Canada Council for the Arts, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Canada Council Act, R.S.C. 1985, c. C-2, sbs. 21(2).—Sessional Paper No. 1/39- 476.

Report of the Canadian Broadcasting Corporation, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Broadcasting Act, S.C. 1991, c.11, sbs. 71(1).—Sessional Paper No. 1/39- 477.

Report of Telefilm Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Telefilm Canada Act, R.S.C. 1985, c. C-16, sbs. 23(2).—Sessional Paper No. 1/39- 478.

Report of the National Film Board of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the National Film Act, R.S.C. 1985, c. N-8, sbs. 20(2).—Sessional Paper No. 1/39- 479.

Report of the Canadian Race Relations Foundation, together with the Auditors' Report, for the fiscal year ended March 31, 2006, pursuant to the Canadian Race Relations Foundation Act, S.C. 1991, c. 8, sbs. 26(3).—Sessional Paper No. 1/39- 480.

Report of the Canadian Museum of Civilization Corporation, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/39- 481.

Report of the National Gallery of Canada and its affiliate the Canadian Museum of Contemporary Photography, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/39- 482.

Report of the Canadian Museum of Nature, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/39- 483.

Report of the Canada Science and Technology Museum Corporation, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/39- 484.

Report of the Public Service Staffing Tribunal for the fiscal year ended March 31, 2006, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 ``110(2)'' and 13. —Sessional Paper No. 1/39-485.

Reports of the National Film Board for the fiscal year ended March 31, 2006, 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. 1/39- 486.

Reports of the Canadian Museum of Nature for the fiscal year ended March 31, 2006, 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. 1/39- 487.

Reports of the National Gallery of Canada for the fiscal year ended March 31, 2006, 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. 1/39- 488.

Reports of the National Battlefields Commission for the fiscal year ended March 31, 2006, 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. 1/39- 489.

Reports of the Canada Science and Technology Museum Corporation for the fiscal year ended March 31, 2006, 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. 1/39- 490.

Reports of the Canadian Museum of Civilization Corporation for the fiscal year ended March 31, 2006, 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. 1/ 39- 491.

Reports of the Public Service Labour Relations Board for the fiscal year ended March 31, 2006, 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. 1/39- 492.

Reports of the Public Service Commission of Canada for the fiscal year ended March 31, 2006, 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. 1/39- 493.

Reports of the Canadian Cultural Property Export Review Board for the fiscal year ended March 31, 2006, 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. 1/39- 494.

Reports of the Canadian Radio-television and Telecommunications Commission (CRTC) for the fiscal year ended March 31, 2006, 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. 1/39- 495.

Reports of Telefilm Canada for the fiscal year ended March 31, 2006, 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. 1/39- 496.

Reports of Status of Women Canada for the fiscal year ended March 31, 2006, 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. 1/39- 497.

Reports of the Canada Council for the Arts for the fiscal year ended March 31, 2006, 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. 1/39- 498.

Reports of the Canadian Race Relations Foundation for the fiscal year ended March 31, 2006, 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. 1/39- 499.

Reports of the Public Service Staffing Tribunal for the fiscal year ended March 31, 2006, 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. 1/39- 500.

Report of the Canadian Polar Commission, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Canadian Polar Commission Act, S.C. 1991, c. 6, sbs. 21(2).—Sessional Paper No. 1/ 39- 501.

Biennial Report of the Cree-Naskapi Commission for the year 2006, pursuant to the Cree-Naskapi (of Quebec) Act, S.C. 1984, c. 18, sbs. 171(1).—Sessional Paper No. 1/39- 502.

Reports of the Department of Indian Affairs and Northern Development for the fiscal year ended March 31, 2006, 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).—Sess. Paper No. 1/39- 503.

Reports of the Sahtu Land Use Planning Board for the fiscal year ended March 31, 2006, 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. 1/39- 504.

Report of the Defence Construction (1951) Limited for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-505.

Report of the Correctional Investigator for the fiscal year ended March 31, 2006, pursuant to the Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 192.—Sessional Paper No. 1/39-506.

Report of the Canada Foundation for Innovation, together with the Auditors' Report, for the fiscal year ended March 31, 2006, pursuant to the Budget Implementation Act, 1997, S.C. 1997, c. 26, sbs. 29(3).—Sessional Paper No. 1/ 39- 507.

Report of the Canadian Air Transport Security Authority for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-508.

Report of the operations under the Fisheries Development Act for the fiscal year ended March 31, 2006, pursuant to the Fisheries Development Act, R.S.C. 1985, c. F-21, s. 10.—Sessional Paper No. 1/39-509.

Report of the Freshwater Fish Marketing Corporation, together with the Auditor General's Report, for the fiscal year ended March 31, 2006, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/39-510.

Reports of the Canadian Human Rights Commission for the fiscal year ended March 31, 2006, 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. 1/39- 511.

ADJOURNMENT

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 5:43 p.m. the Senate was continued until 1:30 p.m. tomorrow.)

_____________________________________________________________

Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Committee on Internal Economy, Budgets and Administration

The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Di Nino (October 5).

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Cordy (October 10).

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Sibbeston substituted for that of the Honourable Senator Hubley (October 10).

The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Milne (October 16).

Special Senate Committee on Senate Reform

The names of the Honourable Senators Dawson and Watt substituted for those of the Honourable Senators Fraser and Tardif (October 10).

The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Dawson (October 17).

Standing Senate Committee on Social Affairs, Science and Technology

The names of the Honourable Senators Pépin and Carstairs substituted for those of the Honourable Senators Gill and Kirby (October 10).

Standing Senate Committee on Transport and Communications

The names of the Honourable Senators Dawson, Phalen and Adams substituted for those of the Honourable Senators Cowan, Losier-Cool and Christensen (October 10).

The names of the Honourable Senators Banks and Champagne substituted for those of the Honourable Senators Dawson and Carney (October 16).

Standing Senate Committee on Aboriginal Peoples

The name of the Honourable Senator Trenholme Counsell substituted for that of the Honourable Senator Campbell (October 12).

Standing Senate Committee on Official Languages

The name of the Honourable Senator Ringuette substituted for that of the Honourable Senator Trenholme Counsell (October 16).

Corrigendum

(Journals of the Senate, Wednesday, September 27 and Thursday, September 28, 2006)

Add the name of the Honourable Senator *Comeau to the list of Senators in attendance to business.


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