50 Elizabeth II, A.D. 2001, Canada

Journals of the Senate

1st Session, 37th Parliament

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Issue 27

Tuesday, April 24, 2001
2:00 p.m.

The Honourable Daniel Hays, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Austin, Bacon, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, DeWare, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Kelleher, Keon, Kinsella, Kirby, Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, Sibbeston, Simard, Sparrow, Stollery, Stratton, Tkachuk, Tunney, Watt, Wiebe, Wilson

The Members in attendance to business were:

The Honourable Senators

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

PRAYERS

 

SENATORS' STATEMENTS

Some Honourable Senators made statements.

 

DAILY ROUTINE OF BUSINESS

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 Third Report (budget-special study on health care system).

(The Report is printed as an Appendix)

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

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, April 25, 2001, at 1:30 p.m.

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

 

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-12, An Act to amend the Judges Act and to amend another Act in consequence, to which they desire the concurrence of the Senate.

The Bill was read the first time.

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

A Message was brought from the House of Commons with a Bill C-13, An Act to amend the Excise Tax Act, to which they desire the concurrence of the Senate.

The Bill was read the first time.

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

A Message was brought from the House of Commons with a Bill C-4 An Act to establish a foundation to fund sustainable development technology, to which they desire the concurrence of the Senate.

The Bill was read the first time.

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

 

Presentation of Petitions

The Honourable Senator Milne presented petitions:

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

 

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Pursuant to Rule 38, the Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator De Bané, P.C.:

That, in relation to 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, no later than 3:15 p.m. Thursday, April 26, 2001, any proceedings before the Senate shall be interrupted and all questions necessary to dispose of third reading of the Bill shall be put forthwith without further debate or amendment, and that any votes on any of those questions be not further deferred, and

That if a standing vote is requested, the bells to call in the Senators be sounded for fifteen minutes, so that the vote takes place at 3:30 p.m.

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

 

Bills

Second reading of Bill C-2, An Act to amend the Employment Insurance Act and the Employment Insurance (Fishing) Regulations.

The Honourable Senator Cordy moved, seconded by the Honourable Senator Chalifoux, 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 Cordy moved, seconded by the Honourable Senator Robichaud, P.C., that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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

Resuming debate on the motion of the Honourable Senator De Bané, P.C., seconded by the Honourable Senator Poulin, for the third reading of 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,

And on the motion in amendment of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., that the Bill be not now read a third time but that it be amended,

(a) on page 1, by deleting the preamble; and

(b) in the English version of the enacting clause, on page 2, by replacing line 1 with the following:

"Her Majesty, by and".

After debate,

With leave of the Senate,

In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Moore, that the Bill be not now read a third time but that it be amended in the preamble, on page 1, by replacing lines 5 to 7 with the following:

"Province of Quebec finds its principal expression in the Civil Code of Québec;".

After debate,

The Honourable Senator Nolin moved, seconded by the Honourable Senator Andreychuk, that further debate on the motions in amendment be adjourned until the next sitting.

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

Third reading of Bill S-17, An Act to amend the Patent Act.

The Honourable Senator Wiebe moved, seconded by the Honourable Senator Corbin, that the Bill be read the third time.

After debate,

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

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

Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Rompkey, P.C., for the second reading of Bill C-8, An Act to establish the Financial Consumer Agency of Canada and to amend certain Acts in relation to financial institutions.

After debate,

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

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

Order No. 5 was called and postponed until the next sitting.

 

Reports of Committees

Consideration of the Fourth Report of the Standing Senate Committee on Banking, Trade and Commerce (Bill S-11, An Act to amend the Canada Business Corporations Act and the Canada Cooperatives Act and to amend other Acts in consequence, with amendments) presented in the Senate on April 5, 2001.

The Honourable Senator Kolber moved, seconded by the Honourable Senator Bacon, that the Report be adopted.

After debate,

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

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., 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 BUSINESS

Senate Public Bills

Orders No. 1 to 4 were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Corbin, for the second reading of Bill S-18, An Act to Amend the Food and Drugs Act (clean drinking water).

After debate,

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

The Bill was then read the second time.

The Honourable Senator Grafstein moved, seconded by the Honourable Senator Ferretti Barth , that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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

Orders No. 6 to 8 were called and postponed until the next sitting.

Second reading of Bill S-9, An Act to remove certain doubts regarding the meaning of marriage.

The Honourable Senator Cools moved, seconded by the Honourable Senator Wiebe, that the Bill be read the second time.

The Honourable Senator Cools moved, seconded by the Honourable Senator Wiebe, that debate on the motion be adjourned until the next sitting.

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

 

Reports of Committees

Consideration of the Fourth Report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of certain Committees) presented in the Senate on April 5, 2001.

The Honourable Senator Kroft moved, seconded by the Honourable Senator Moore, that the Report be adopted.

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

Consideration of the First Report (B) of the Standing Joint Committee for the Scrutiny of Regulations (budget 2001-2002) presented in the Senate on April 5, 2001.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Finestone, P.C., that the Report be adopted.

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

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

Consideration of the Second Report of the Standing Senate Committee on Agriculture and Forestry (budget-special study on agricultural health) presented in the Senate on April 5, 2001.

The Honourable Senator Gustafson moved, seconded by the Honourable Senator DeWare, that the Report be adopted.

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

 

Other

Order No. 8 (inquiry) was called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Poulin:

That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report upon the state of federal government policy relating to the preservation and promotion of a sense of community and national belonging in Canada. In particular, the Committee shall be authorized to examine:

(a) the effectiveness of the policies, programs, symbols and institutions that have been used in the past to promote and protect Canadian distinctiveness or which have fostered an element of Canadian distinctiveness merely by their existence;

(b) the effects of globalization and rapid technological change on Canada's ability to preserve and promote its distinctiveness at home and abroad;

(c) the options that exist to modernize federal policies with respect to preserving, creating and promoting the uniqueness of Canada in a changing national and international context;

(d) the opportunities that exist to use new technologies to market our unique qualities to the world and to engender pride in Canadians about themselves and their country.

That the Committee submit its final report no later than December 20, 2002; and

That the Committee be permitted, notwithstanding usual practices, to deposit any report with the Clerk of the Senate, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Chamber.

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

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 Andreychuk moved, seconded by the Honourable Senator LeBreton, 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 Andreychuk calling the attention of the Senate to the Seventh Report of the Standing Senate Committee on Foreign Affairs: The New NATO and the Evolution of Peacekeeping: Implications for Canada.

After debate,

The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Finestone, P.C., that further debate on the inquiry be adjourned until the next sitting.

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

Orders No. 16, 18 (inquiries) and 41 (motion) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Maheu, 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 Bacon 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. 1, 17, 15 and 6 (inquiries) were called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Poy calling the attention of the Senate to the national anthem.

After debate,

Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Pépin.

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

 

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report concerning permits issued by the Minister of Citizenship and Immigration for the year 2000, pursuant to the Immigration Act, R.S.C. 1985, c. I-2, sbs. 37(7).-Sessional Paper No. 1/37-167.

Report of the National Energy Board for the year ended December 31, 2000, pursuant to the National Energy Board Act, R.S.C., 1985, c. N-7, s. 133.-Sessional Paper No. 1/37-168.

Report of the Canadian International Trade Tribunal entitled "Request for tariff relief by Tantalum Mining Corporation Limited regarding a filtering fabric", dated March 21, 2001, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.-Sessional Paper No. 1/37-169.

Report of the Canadian Dairy Commission, together with the Auditor General's report, for the year ended July 31, 2000, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).-Sessional Paper No. 1/37-170.

Report of VIA Rail Canada Inc., 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. 1/37-171.

Summaries of the Corporate Plan for 2001-05 and the Operating and Capital Budgets for 2001 of the Atlantic Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 1/37-172.

Summaries of the Corporate Plan for 2001-05 and the Operating and Capital Budgets for 2001 of the Great Lakes Pilotage Authority Ltd., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 1/37-173.

Summaries of the Corporate Plan for 2001-05 and the Operating and Capital Budgets for 2001 of the Pacific Pilotage Authority., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 1/37-174.

Report of the Northern Oil and Gas for the year ended December 31, 1999, pursuant to the Canada Petroleum Resources Act, R.S.C. 1985, c. 36(2nd Supp.), s. 109.-Sessional Paper No. 1/37-175.

Federal-Provincial Crop Insurance Agreements with the provinces of British Columbia, Manitoba, Quebec and Saskatchewan, pursuant to the Farm Income Protection Act, S.C. 1991, c. 22, sbs. 6(1).-Sessional Paper No. 1/37-176.

Copies of Orders in Council P.C. 1999-314, P.C. 1999-744, P.C. 2000-224, P.C. 2000-351, P.C. 2000-467, P.C. 2000-468, P.C. 2000-469, P.C. 2000-471, P.C. 2000-486, P.C. 2000-545, P.C. 2000-583, P.C. 2000-754, P.C. 2000-920, P.C. 2000-1023, P.C. 200-1044 and P.C. 2000-1045 concerning federal-provincial crop insurance agreements with the provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec and Saskatchewan, pursuant to the Farm Income Protection Act, S.C. 1991, c. 22, sbs. 12(7).-Sessional Paper No. 1/37-177.

Report of the Military Police Complaints Commission for the period December 1 to 31, 2000, pursuant to the Act to amend the National Defence Act and to make consequential amendments to other Acts, S.C. 1998, c. 35, s. 82.-Sessional Paper No. 1/37-178.

Report of the Canadian Forces Grievance Board for the year 2000, pursuant to the Act to amend the National Defence Act and to make consequential amendments to other Acts, S.C. 1998, c. 35, s. 7.-Sessional Paper No. 1/37-179.

 

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 6:55 p.m. the Senate was continued until 1:30 p.m. tomorrow.)

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

Standing Joint Committee for the Scrutiny of Regulations

The name of the Honourable Senator Finestone substituted for that of the Honourable Senator Banks (April 5).

Standing Senate Committee on Social Affairs, Science and Technology

The names of the Honourable Senators Fairbairn and Cordy substituted for those of the Honourable Senators Morin and Hubley (April 5).

Standing Senate Committee on National Finance

The name of the Honourable Senator Doody substituted for that of the Honourable Senator Cohen (April 10).

The name of the Honourable Senator De Bané substituted for that of the Honourable Senator Banks (April 23).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Gustafson (April 11).

Standing Senate Committee on Aboriginal Peoples

The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Milne (April 18).

Standing Senate Committee on Foreign Affairs

The name of the Honourable Senator Poulin removed from the membership (April 19).

The name of the Honourable Senator Setlakwe added to the membership (April 20).

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Fairbairn (April 23).

Standing Senate Committee on Transport and Communications

The names of the Honourable Senators Milne and Maheu substituted for those of the Honourable Senators Adams and Setlakwe (April 23).

Special Committee of the Senate on Illegal Drugs

The name of the Honourable Senator De Bané substituted for that of the Honourable Senator Banks (April 23).

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