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50 Elizabeth II, A.D. 2001, Canada

Journals of the Senate

1st Session, 37th Parliament


Issue 22

Thursday, March 29, 2001
1:30 p.m.

The Honourable Daniel Hays, Speaker


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kenny, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Moore, Morin, Murray, Oliver, Pearson, Poulin (Charette), Prud'homme, Rivest, Robertson, Robichaud, Rossiter, Setlakwe, Sibbeston, Simard, Spivak, St. Germain, Stollery, Stratton, Taylor, Tunney, Watt, Wilson

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, *De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, *Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kenny, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Moore, Morin, Murray, *Nolin, Oliver, Pearson, Poulin (Charette), Prud'homme, Rivest, Robertson, Robichaud, Rossiter, Setlakwe, Sibbeston, Simard, Spivak, St. Germain, Stollery, Stratton, Taylor, Tunney, Watt, Wilson

PRAYERS

 

SENATORS' STATEMENTS

Some Honourable Senators made statements.

 

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Robichaud, P.C., tabled the following:

Report of the Air Travel Complaints Commissioner for the period July 5 to December 31, 2000, pursuant to the Canada Transportation Act, S.C. 2000, c. 15, s. 85.1.-Sessional Paper No. 1/37-150S.

 

Presentation of Reports from Standing or Special Committees

The Honourable Senator Milne presented the following:

THURSDAY, March 29, 2001

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

SECOND REPORT

Your Committee, to which was referred Bill S-4, A First Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law, has, in obedience to the Order of Reference of February 7, 2001, examined the said Bill and now reports the same without amendment, but with the following observation:

Your Committee notes that, pursuant to the letter of March 20, 2001, sent to the Honourable Lorna Milne, Chair, the Honourable Anne McLellan, Minister, proposes to add a paragraph to the Summary of Bill S-4, as follows:

"Generally, in provisions that describe a legal concept by using a common law term and a civil law term, the common law term appears first in the English version and the civil law term appears first in the French version. Examples of this are "real property and immovables" in the English version and "immeuble et biens réels" in the French version."

Respectfully submitted,

LORNA MILNE

Chair

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Milne, 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 Hervieux-Payette, P.C., Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, presented its First Report (A) (budget 2000-2001).

(The Report is printed as Appendix "A")

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Taylor, 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 Taylor, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Second Report (budget-study relating to energy, the environment and natural resources).

(The Report is printed as Appendix "B")

The Honourable Senator Taylor moved, seconded by the Honourable Senator Sibbeston, 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 Kroft presented the following:

THURSDAY, March 29, 2001

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

THIRD REPORT

Your Committee wishes to inform the Senate that it has agreed that the 64 Points Travel System be changed from calendar year to fiscal year effective April 1, 2001, and that all Senators be allocated a new set of 64 points on April 1, 2001 regardless of how many points they may have used between January 1 and March 31, 2001.

Respectfully submitted,

RICHARD H. KROFT

Chair

The Honourable Senator Kroft moved, seconded by the Honourable Senator Kolber, 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 Mercier presented the following:

THURSDAY, March 29, 2001

The Committee of Selection has the honour to present its

FOURTH REPORT

Pursuant to Rule 85(1)(b) of the Rules of the Senate, your Committee submits herewith the list of Senators nominated by it to serve on the following committees:

SENATE COMMITTEE ON DEFENCE AND SECURITY

The Honourable Senators Atkins, Cordy, Forrestall, Hubley, Kenny, Meighen, Pépin, Rompkey and Wiebe.

SENATE COMMITTEE ON HUMAN RIGHTS

The Honourable Senators Andreychuk, Beaudoin, Ferretti Barth, Finestone, Kinsella, Oliver, Poy, Watt and Wilson.

Furthermore, your Committee recommends that the Honourable Senator Pitfield serve on the Senate Committee on Privileges, Standing Rules and Orders.

Finally, your Committee recommends a change of membership to the following committee:

SENATE COMMITTEE ON ABORIGINAL PEOPLES

The Honourable Senator St. Germain replaces the Honourable Senator Wilson as a member of the Senate Committee on Aboriginal Peoples.

Respectfully submitted,

LÉONCE MERCIER

Chairman

The Honourable Senator Mercier moved, seconded by the Honourable Senator Kirby, 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.

 

Reading of Petitions for Private Bills

The First Report of the Examiner of Petitions for Private Bills was tabled (Sessional Paper No. 1/37-151S) and reads as follows:-

THURSDAY, March 29, 2001

Pursuant to Rule 107(2), the Examiner of Petitions for Private Bills has the honour to present her

 

FIRST REPORT

Your Examiner has duly examined the following petition and finds that the requirements of the Rules of the Senate have been complied with in all material respects:-

Of     the Conference of Mennonites of Canada, of the City of Winnipeg, in the Province of Manitoba; praying for the passage of An Act to amend the Act of incorporation of the Conference of Mennonites in Canada.

Respectfully submitted,

HEATHER P. LANK

Examiner of Petitions for Private Bills

The following petition was read and received:-

Of     the Conference of Mennonites of Canada, of the City of Winnipeg, in the Province of Manitoba; praying for the passage of An Act to amend the Act of incorporation of the Conference of Mennonites in Canada.

 

Introduction and First Reading of Private Bills

The Honourable Senator Kroft presented a Bill S-25, An Act to amend the Act of incorporation of the Conference of Mennonites in Canada.

The Bill was read the first time.

The Honourable Senator Kroft moved, seconded by the Honourable Senator Ferretti Barth, that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, April 3, 2001.

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

 

Presentation of Petitions

The Honourable Senator Milne presented petitions:

Of     Residents of Canada concerning the Statistics Act (census records).

______________________________________

The Honourable the Speaker informed the Senate that a communication had been received from the Deputy Secretary to the Governor General.

The Communication was then read by the Honourable the Speaker as follows:

RIDEAU HALL

March 29, 2001

Mr. Speaker:

I have the honour to inform you that the Honourable Ian Binnie, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of the Governor General, will proceed to the Senate Chamber today, the 29th day of March, 2001, at 4:15 p.m., for the purpose of giving Royal Assent to certain Bills.

Yours sincerely,

Anthony P. Smyth

Deputy Secretary, Policy, Program and Protocol

The Honourable
The Speaker of the Senate
Ottawa

 

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

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

Second reading of Bill S-24, An Act to implement an agreement between the Mohawks of Kanesatake and Her Majesty in right of Canada respecting governance of certain lands by the Mohawks of Kanesatake and to amend an Act in consequence.

The Honourable Senator Fraser moved, seconded by the Honourable Senator Gauthier, that the Bill be read the second time.

After debate,

The Honourable Senator Kinsella for the Honourable Senator Rivest moved, seconded by the Honourable Senator Johnson, 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 in the name of the Honourable Senator Angus.

 

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 5 were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Finestone, P.C., seconded by the Honourable Senator Rompkey, P.C., for the second reading of Bill S-21, An Act to guarantee the human right to privacy.

After debate,

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C., that further debate on the motion be adjourned until the next sitting.

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

Orders No. 7 and 8 were called and postponed until the next sitting.

 

Reports of Committees

Consideration of the Second Report (Interim) of the Standing Senate Committee on Social Affairs, Science and Technology entitled: The Health of Canadians - The Federal Role, Volume One: The Story So Far, tabled in the Senate on March 28, 2001.

The Honourable Senator Kirby moved, seconded by the Honourable Senator Poulin, that the Report be adopted.

After debate,

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

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

Consideration of the Fourth Report of the Standing Senate Committee on National Finance (Bill S-6, An Act to assist in the prevention of wrongdoing in the Public Service by establishing a framework for education on ethical practices in the workplace, for dealing with allegations of wrongdoing and for protecting whistleblowers, with amendments) presented in the Senate on March 28, 2001.

The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Di Nino, that the Report be adopted.

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

The Honourable Senator Kinsella moved, seconded by the Honourable Senator DeWare, that the Bill, as amended, 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.

 

Other

Resuming debate on the inquiry of the Honourable Senator Moore calling the attention of the Senate to the emerging issue of deferred maintenance costs in Canada's post-secondary institutions.

After debate,

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

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

Orders No. 15, 8, 6, 7 (inquiries) and 3 (motion) were called and postponed until the next sitting.

 

INQUIRIES

The Honourable Senator Gauthier called the attention of the Senate to the measures that should be taken to encourage and facilitate provision of and access to the widest possible range of French-language broadcasting services in francophone minority communities across Canada.

After debate,

The Honourable Senator Corbin moved, seconded by the Honourable Senator Ferretti Barth, 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 Carney, P.C., called the attention of the Senate to the views of some British Columbians on the subject of Western alienation and ways to reduce regional tensions.

After debate,

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

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

 

ROYAL ASSENT

The Senate adjourned during pleasure to await the arrival of the Honourable the Deputy of Her Excellency the Governor General.

After awhile, the Honourable William Ian Corneil Binnie, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of Her Excellency the Governor General, having come and being seated at the foot of the Throne-

The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-

"It is the desire of the Honourable the Deputy of Her Excellency the Governor General that they attend him immediately in the Senate Chamber."

The Senate having been informed that the House of Commons had adjourned,

The Honourable the Deputy of Her Excellency the Governor General retired.

 

MOTIONS

The Honourable Senator Maheu moved, seconded by the Honourable Senator Setlakwe:

That this House:

(a) Calls upon the Government of Canada to recognize the genocide of the Armenians and to condemn any attempt to deny or distort a historical truth as being anything less than genocide, a crime against humanity.

(b) Designates April 24th of every year hereafter throughout Canada as a day of remembrance of the 1.5 million Armenians who fell victim to the first genocide of the twentieth century.

After debate,

The Honourable Senator Di Nino moved, seconded by the Honourable Senator DeWare, 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 Robichaud, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C.:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Friday, March 30, 2001, at 10:00 a.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 Federal Public Service for the fiscal year ended March 31, 2000, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(1).-Sessional Paper No. 1/37-144.

Reports for the fiscal year ended March 31, 2000, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3), as follows:

(1) Atomic Energy Control Board.
(2) Canadian Forces Personnel Support Agency.
(3) Communications Security Establishment.
(4) National Energy Board.
(5) National Film Board of Canada.
(6) National Research Council of Canada.
(7) Natural Sciences and Engineering Research Council of Canada.
(8) Office of the Auditor General of Canada.
(9) Office of the Superintendent of Financial Institutions Canada.
(10) Statistical Survey Operations
(11) Social Sciences and Humanities Research Council.
(12) Canadian Food Inspection Agency.
(13) Canada Customs and Revenue Agency.
(14) Parks Canada.-Sessional Paper No. 1/37-145.

Report of the Canadian Security Intelligence Service for the fiscal year ended March 31, 2000, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(5).-Sessional Paper No. 1/37-146.

Reports on Plan and Priorities, 2001-2002 Estimates:

Agriculture and Agri-Food Canada
Canadian Food Inspection Agency
Canadian Grain Commission
Canada Customs and Revenue Agency
Canadian Heritage
Canadian Radio-television and Telecommunications Canada
National Archives of Canada
The National Battlefields Commission
National Film Board
National Library of Canada
Parks Canada
Public Service Commission of Canada
Status of Women Canada
Citizenship and Immigration Canada
Immigration and Refugee Board
Environment Canada
Canadian Environmental Assessment Agency
Department of Finance Canada
Office of the Auditor General of Canada
Canadian International Trade Tribunal
Financial Transactions and Reports Analysis Centre of Canada
Office of the Superintendent of Financial Institutions Canada
Fisheries and Oceans Canada
Department of Foreign Affairs and International Trade
Canadian International Development Agency
NAFTA Secretariat-Canadian Section
Northern Pipeline Agency Canada
Health Canada
Hazardous Materials Information Review Commission Canada
Canadian Institutes of Health Research
Patented Medicine Prices Review Board Canada
Human Resources Development Canada
Canada Industrial Relations Board
Canadian Artists and Producers Professional Relations Tribunal
Canadian Centre for Occupational Health and Safety
Indian and Northern Affairs Canada and Canadian Polar Commission
Industry Canada
Atlantic Canada Opportunities Agency
Canadian Space Agency
Competition Tribunal
Copyright Board Canada
Canada Economic Development for Quebec Regions
National Research Council Canada
Natural Sciences and Engineering Research Council of Canada
Social Sciences and Humanities Research Council of Canada
Statistics Canada
Western Economic Diversification Canada
Department of Justice Canada
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Office of the Commissioner for Federal Judicial Affairs
Registry of the Federal Court of Canada
Offices of the Information and Privacy Commissioners
Law Commission of Canada
Supreme Court of Canada
Tax Court of Canada
National Defence
Canadian Forces Grievance Board
Military Police Complaints Commission
Natural Resources Canada
Canadian Nuclear Safety Commission
National Energy Board
Privy Council Office
Canadian Centre for Management Development
Canadian Intergovernmental Conference Secretariat
Transportation Safety Board of Canada
Office of the Chief Electoral Officer
Office of the Commissioner of Official Languages
Millennium Bureau of Canada
National Round Table on the Environment and the Economy
Public Service Staff Relations Board
Security Intelligence Review Committee
The Leadership Network
Public Works and Government Services Canada
Canada Information Office
Solicitor General Canada
Commission for Public Complaints Against the Royal Canadian Mounted Police
Correctional Service Canada
National Parole Board
The Correctional Investigator Canada
Royal Canadian Mounted Police
RCMP-External Review Committee
Transport Canada
Canadian Transportation Agency
Civil Aviation Tribunal of Canada
Treasury Board of Canada, Secretariat
Veterans Affairs Canada.-Sessional Paper No. 1/37-147.

Report of the Royal Canadian Mint, together with the Auditor General's report, for the year 2000, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).-Sessional Paper No. 1/37-148.

Report of the President of the Treasury Board on Official Languages in Federal Institutions for the fiscal year ended March 31, 2000, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 48.-Sessional Paper No. 1/37-149.

 

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 4:59 p.m. the Senate was continued until 10:00 a.m. tomorrow.)

_________________________

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

Standing Joint Committee for the Scrutiny of Regulations

The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Finestone (March 28).

Standing Senate Committee on Banking, Trade and Commerce

The name of the Honourable Senator Meighen substituted for that of the Honourable Senator Di Nino (March 28).

The names of the Honourable Senators Lynch-Staunton, Cordy, Callbeck, Robichaud and Christensen substituted for those of the Honourable Senators Tkachuk, Kroft, Poulin, Hervieux-Payette and Setlakwe (March 29).

Standing Senate Committee on Legal and Constitutional Affairs

The names of the Honourable Senators Fitzpatrick, Gustafson and Cools substituted for those of the Honourable Senators Cools, Nolin and Fitzpatrick (March 28).

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Setlakwe substituted for that of the Honourable Senator Wiebe (March 28).

The name of the Honourable Senator Wiebe substituted for that of the Honourable Senator Setlakwe (March 29).

Standing Senate Committee on National Finance

The name of the Honourable Senator Hervieux-Payette added to the membership (March 29).