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50 Elizabeth II, A.D. 2001, Canada

Journals of the Senate

1st Session, 37th Parliament


Issue 4

Tuesday, February 6, 2001
2:00 p.m.

The Honourable Daniel Hays, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Austin, Bacon, Banks, Beaudoin, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kinsella, Kirby, Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Sparrow, Spivak, St. Germain, Stollery, Stratton, Taylor, Watt, Wiebe

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Austin, Bacon, Banks, Beaudoin, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, *Kenny, Kinsella, Kirby, Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Sparrow, Spivak, St. Germain, Stollery, Stratton, Taylor, Watt, Wiebe

PRAYERS

Tribute was paid to the memory of the Honourable Charles McElman, former Senator, whose death occurred December 31, 2000.

 

SENATORS' STATEMENTS

Pursuant to Rule 43(7), the Honourable Senator St. Germain, P.C., gave notice that he would raise a question of privilege concerning his right to claim the Office of the Leader of the Official Opposition in the Senate.

With leave of the Senate,

The Honourable Senator St. Germain, P.C., tabled the following:

Background Paper entitled: "The Right of the Canadian Alliance to Claim the Role of Leader of the Opposition in the Senate," dated February 6, 2001. (English text)-Sessional Paper No. 1/37-24S.

Some Honourable Senators made statements.

 

DAILY ROUTINE OF BUSINESS

Introduction and First Reading of Government Bills

The Honourable Senator Robichaud, P.C., presented a Bill S-11, An Act to amend the Canada Business Corporations Act and the Canada Cooperatives Act and to amend other Acts in consequence.

The Bill was read the first time.

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C., 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 Fourth Part of the 2000 Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from September 25 to 29, 2000.-Sessional Paper No. 1/37-25.

 

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Second reading of Bill S-3, An Act to amend the Motor Vehicle Transport Act, 1987 and to make consequential amendments to other Acts.

The Honourable Senator Poulin moved, seconded by the Honourable Senator Cook, that the Bill be read the second time.

After debate,

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

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

Order No. 2 was called and postponed until the next sitting.

Second reading of Bill S-5, An Act to amend the Blue Water Bridge Authority Act.

The Honourable Senator Milne moved, seconded by the Honourable Senator Chalifoux, that the Bill be read the second time.

After debate,

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

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

 

Motions

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

 

OTHER BUSINESS

Senate Public Bills

Second reading of Bill S-7, An Act to amend the Broadcasting Act.

The Honourable Senator Finestone, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the Bill be read the second time.

After debate,

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

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

Second reading of Bill S-8, An Act to maintain the principles relating to the role of the Senate as established by the Constitution of Canada.

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Corbin, that the Bill be read the second time.

After debate,

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

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

Order No. 3 was called and postponed until the next sitting.

Second reading of Bill S-10, An Act to amend the Parliament of Canada Act (Parliamentary Poet Laureate).

The Honourable Senator Grafstein moved, seconded by the Honourable Senator Callbeck, that the Bill be read the second time.

After debate,

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

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

 

QUESTION OF PRIVILEGE

Pursuant to Rule 43(8), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator St. Germain, P.C., concerning his right to claim the Office of the Leader of the Official Opposition in the Senate.

After debate,

The Speaker reserved his decision.

 

MOTIONS

The Honourable Senator Nolin moved, seconded by the Honourable Senator Molgat:

That a Special Committee of the Senate be appointed for a period of three years to thoroughly examine Canada's anti-drug legislation and policies, to carry out a broad consultation of the Canadian public, and finally, to make recommendations for a national strategy on illegal drugs developed by and for Canadians;

That the Committee, in pursuing this mandate, give particular importance to issues relating to cannabis and prepare an interim report on cannabis:

That, without being limited in its mandate by the following, the committee be authorized to :

- review the federal government's policy on illegal drugs in Canada, its effectiveness, and the ways in which it is implemented and enforced;

- study public policy approaches adopted by other countries and determine if there are applications to Canada's needs;

- examine Canada's international role and obligations under United Nations conventions on narcotics and the Universal Declaration of Human Rights and other related treaties in order to determine whether these treaties authorise it to take action other than laying criminal charges and imposing sentences (at the international level);

- examine the social and health effects of illegal drugs and explore the potential consequences and impacts of alternative policies;

- examine any other issue respecting Canada's anti-drug policy that the Committee considers appropriate to the completion of its mandate.

That the Special Committee be composed of five Senators and that three members constitute a quorum;

That the Honourable Senators Kenny, Molgat, Nolin, Rossiter and (a fifth Senator to be named by the Chief Government Whip) be named to the Committee;

That the Committee have the power to send for persons, papers and records, to examine witnesses, to report from time to time and to print such papers, briefs and evidence from day to day as may be ordered by the Committee;

That the briefs received and testimony heard during consideration of Bill C-8, An Act respecting the control of certain drugs, their precursors and other substances, by the Standing Senate Committee on Legal and Constitutional Affairs during the Second Session of the Thirty-fifth Parliament be referred to the Committee;

That the papers and evidence received and taken on the subject and the work accomplished by the Special Committee on Illegal Drugs during the Second Session of the Thirty-sixth Parliament be referred to the Committee;

That the Committee have the power to authorize television, radio and electronic broadcasting, as it deems appropriate, of any or all of its proceedings;

That the Committee be granted leave to sit when the Senate has been adjourned pursuant to subsection 95(2) of the Senate Rules; and

That the Committee submit its final report not later than three years from the date of its being constituted.

After debate,

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Mahovlich, that further debate on the motion 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 Freshwater Fish Marketing Corporation, together with the Auditor General's report, for the fiscal year ended March 31, 2000, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).-Sessional Paper No. 1/37-10.

Reports of the Department of Fisheries and Oceans for the fiscal year ended March 31, 2000, pursuant to the Access to Information Act and the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).-Sessional Paper No. 1/37-11.

Report of the Canadian International Trade Tribunal entitled "Request for Reconsideration of the Tribunal's Recommendation in Request No. TR-99-003 Regarding Certain Woven Fabrics of Cotton", dated October 6, 2000, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1998, c. 65, s. 54.-Sessional Paper No. 1/37-12.

Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by JMJ Fashions Inc. regarding Woven 100 Percent Polyester Fabric", dated October 27, 2000, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1998, c. 65, s. 54.-Sessional Paper No. 1/37-13.

Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Majestic Industries (Canada) Ltd. Regarding Woven Terry Cloth of 100 Percent Cotton", dated January 12, 2001, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1998, c. 65, s. 54.-Sessional Paper No. 1/37-14.

Document entitled "Managing for Results 2000".-Sessional Paper No. 1/37-15.

Performance Reports for the period ended March 31, 2000:

Agriculture and Agri-Food Canada
Atlantic Canada Opportunities Agency
Canada Customs and Revenue Agency
Canada Economic Development for Quebec Regions
Canada Industrial Relations Board
Canada Information Office
Canadian Artists and Producers Professional Relations Tribunal
Canadian Centre for Management Development
Canadian Centre for Occupational Health and Safety
Canadian Environmental Assessment Agency
Canadian Food Inspection Agency
Canadian Heritage
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Canadian Institutes of Health Research
Canadian Intergovernmental Conference Secretariat
Canadian International Development Agency
Canadian International Trade Tribunal
Canadian Nuclear Safety Commission
Canadian Radio-television and Telecommunications Commission
Canadian Space Agency
Canadian Transportation Agency
Citizenship and Immigration Canada
Civil Aviation Tribunal of Canada
Competition Tribunal
Copyright Board Canada
Correctional Service Canada
Department of Finance Canada
Department of Foreign Affairs and International Trade
Department of Justice Canada
Environment Canada
Fisheries and Oceans Canada
Hazardous Materials Information Review Commission Canada
Health Canada
Human Resources Development Canada
Immigration and Refugee Board
Indian and Northern Affairs Canada and Canadian Polar Commission
Industry Canada
Law Commission of Canada
Leadership Network, The
Millennium Bureau of Canada
NAFTA Secretariat, Canadian Section
National Archives of Canada
National Battlefields Commission
National Defence
National Energy Board
National Film Board
National Library of Canada
National Parole Board
National Research Council Canada
National Round Table on the Environment and the Economy
Natural Resources Canada
Natural Sciences and Engineering Research Council of Canada
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs
Office of the Commissioner of Official Languages
Office of the Correctional Investigator
Office of the Superintendent of Financial Institutions Canada
Offices of the Information and Privacy Commissioners
Parks Canada
Patented Medicine Prices Review Board Canada
Privy Council Office
Public Service Commission of Canada
Public Service Staff Relations Board
Public Works and Government Services Canada
RCMP External Review Committee
RCMP Public Complaints Commission
Registry of the Federal Court of Canada
Royal Canadian Mounted Police
Security Intelligence Review Committee
Social Sciences and Humanities Research Council of Canada
Solicitor General Canada
Statistics Canada
Status of Women Canada
Supreme Court of Canada
Tax Court of Canada
Transport Canada
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Veterans Affairs Canada
Western Economic Diversification Canada-Sessional Paper No. 1/37-16.

Summaries of the Corporate Plan for 2000 to 2004 and of the Operating and Capital Budgets for 2000 of the Laurentian Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 1/37-17.

Report of the operations under the Fisheries Development Act for the fiscal year ended March 31, 2000, pursuant to the Act, R.S.C. 1985, c. F-21, s. 10.-Sessional Paper No. 1/37-18.

Report on the administration and operation of the Canada Health Act for the fiscal year ended March 31, 2000, pursuant to the Act, R.S.C. 1985, c. C-6, s. 23.-Sessional Paper No. 1/37-19.

Report of the National Arts Centre, together with the Auditor General's report, for the fiscal year ended August 31, 2000, pursuant to the National Arts Centre Act, R.S.C. 1985, c. N-3, sbs. 17(2) .-Sessional Paper No. 1/37-20.

Report of the National Film Board of Canada, together with the Auditor General's report, for the fiscal year ended March 31, 2000, pursuant to the National Film Act, R.S.C. 1985, c. N-8, sbs. 20(1) .-Sessional Paper No. 1/37-21.

Report of the Canadian International Trade Tribunal entitled "Request for tariff relief by Peerless Clothing Inc. regarding dyed woven fabric of rayon", dated January 24, 2001, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.-Sessional Paper No. 1/37-22.

Employment Insurance Monitoring and Assessment Report for the year 2000, pursuant to the Employment Insurance Act, S.C. 1996, c. 23, sbs. 3(3).-Sessional Paper No. 1/37-23.

 

ADJOURNMENT

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C.:

That the Senate do now adjourn.

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

(Accordingly, at 5:30 p.m. the Senate was continued until 2:00 p.m. tomorrow.)

____________________________________

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

Committee of Selection

The name of the Honourable Senator Lynch-Staunton substituted for that of the Honourable Senator DeWare (February 6).