50 Elizabeth II, A.D. 2001, Canada

Journals of the Senate

1st Session, 37th Parliament

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Issue 35

Thursday, May 10, 2001
1:30 p.m.

The Honourable Rose-Marie Losier-Cool, Speaker pro tempore

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The Members convened were:

The Honourable Senators

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

The Members in attendance to business were:

The Honourable Senators

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

The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Losier-Cool, Speaker pro tempore, took the Chair, pursuant to Rule 11.

PRAYERS

 

SENATORS' STATEMENTS

Some Honourable Senators made statements.

 

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Chalifoux, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its Third Report (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) without amendment.

The Honourable Senator Chalifoux 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 Taylor, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Third Report (Bill S-15, An Act to enable and assist the Canadian tobacco industry in attaining its objective of preventing the use of tobacco products by young persons in Canada) without amendment.

The Honourable Senator Taylor moved, seconded by the Honourable Senator Finestone, P.C., 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 Comeau, Chair of the Standing Senate Committee on Fisheries, presented its Second Report (budget-study on the fishing industry).

(The Report is printed as Appendix "A" )

The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, 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 Nolin, Chair of the Special Committee of the Senate on Illegal Drugs, presented its First Report (budget).

(The Report is printed as Appendix "B")

The Honourable Senator Nolin moved, seconded by the Honourable Senator Johnson, 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, May 10, 2001

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

FIFTH REPORT

Your Committee recommends that the following funds be released for fiscal year 2001-2002.

Banking, Trade and Commerce (Legislation)

Professional and Other Services	$ 13,000
Transport and Communications	2,500
Other Expenditures	4,000
Total	$ 19,500

Human Rights (Legislation)

Professional and Other Services	$ 3,000
Transport and Communications	-
Other Expenditures	1,500
Total	$ 4,500

Legal and Constitutional Affairs (Legislation)

Professional and Other Services	$ 8,200
Transport and Communications	3,160
Other Expenditures	1 000
Total	$ 12,360

Respectfully submitted,

RICHARD KROFT

Chair

The Honourable Senator Kroft moved, seconded by the Honourable Senator Fitzpatrick, 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, May 10, 2001

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

 

SIXTH REPORT

Your Committee recommends that, effective April 1, 2001, pay scales of unrepresented employees be increased by 2.5%.

Further, your Committee recommends that parental leave provisions equivalent to those accorded the Public Service, as stipulated in Bill C-32, be granted to Senator's staff as well as to Senate unrepresented employees.

Respectfully submitted,

RICHARD KROFT

Chair

The Honourable Senator Kroft moved, seconded by the Honourable Senator Setlakwe, 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.

 

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Grafstein tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association on its participation at the Organization for Security and Cooperation in Europe Parliamentary Assembly Standing Committee Meeting, held in Vienna, Austria, on February 22 and 23, 2001.-Sessional Paper No. 1/37-219.

 

MESSAGES FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons to return Bill S-2, An Act respecting marine liability, and to validate certain by-laws and regulations,

And to acquaint the Senate that the Commons have passed this Bill, without amendment.

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The Honourable Speaker pro tempore 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 Speaker pro tempore as follows:

RIDEAU HALL

May 10, 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 Governor General, will proceed to the Senate Chamber today, the 10th day of May, 2001, at 4:00 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

Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Ferretti Barth, for the second reading of Bill C-3, An Act to amend the Eldorado Nuclear Limited Reorganization and Divestiture Act and the Petro-Canada Public Participation Act.

After debate,

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

The Bill was then read the second time.

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Pépin, that the Bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.

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

Third 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 third time.

After debate,

In amendment, the Honourable Senator Spivak moved, seconded by the Honourable Senator Meighen, that the Bill be not now read a third time but that it be amended in clause 6, on page 6,

(a) by replacing line 27 with the following:

"er undertakings;"; and

(b) by replacing line 32 with the following:

"ings; and

(j) implementing, with respect to extra-provincial motor carrier undertakings, the standards set out in the National Safety Code for Motor Carriers, in every province where there are no provincial regulations implementing those standards or where there are no provincial regulations considered to be equivalent to regulations implementing those standards.".

After debate,

The question being put on the motion in amendment, it was negatived on division.

The question then being put on the motion of the Honourable Senator Poulin, seconded by the Honourable Senator Cook, for the third reading of Bill S-3, it was adopted.

The Bill was then read the third time and passed.

Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill to which they desire their concurrence.

 

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 7 were called and postponed until the next sitting.

 

Reports of Committees

Orders No. 1 to 3 were called and postponed until the next sitting.

 

Other

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,

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

Orders No. 3 (motion) and 1 (inquiry) 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,

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

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

Orders No. 5, 2, 10, 8, 16, 18 (inquiries), 41 (motion), 17 and 15 (inquiries) were called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Oliver calling the attention of the Senate to the historical importance to Canadians of February being proclaimed Black History Month.

After debate,

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

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

 

INQUIRIES

The Honourable Senator Andreychuk called the attention of the Senate to issues surrounding rural Canada.

After debate,

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Bolduc, 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 Gauthier called the attention of the Senate to current issues involving official languages in Ontario.

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.

 

MOTIONS

The Honourable Senator Grafstein moved, seconded by the Honourable Senator Kroft:

That Bill S-18, An Act to Amend the Food and Drugs Act (clean drinking water), which was referred to the Standing Senate Committee on Social Affairs, Science and Technology, be withdrawn from the said Committee and referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.

After debate,

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

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Bolduc:

That the Standing Senate Committee on Human Rights be authorized to examine issues relating to human rights, and, inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations; and

That the Committee report to the Senate no later than Wednesday, October 31, 2001.

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

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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 Pépin:

That when the Senate adjourns today, it do stand adjourned until Tuesday next, May 15, 2001, at 2:00 p.m.

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

 

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Pursuant to Rule 135(4), the sitting was suspended until 3:55 p.m.

The sitting resumed.

 

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 Speaker pro tempore 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 House of Commons being come,

One of the Clerks at the Table then read the titles of the Bills to be assented to as follows:

An Act to amend the Blue Water Bridge Authority Act (Bill S-5, Chapter 3, 2001)

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 (Bill S-4, Chapter 4, 2001)

An Act to amend the Employment Insurance Act and the Employment Insurance (Fishing) Regulations (Bill C-2, Chapter 5, 2001)

An Act respecting marine liability, and to validate certain by-laws and regulations (Bill S-2, Chapter 6, 2001).

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-

"In Her Majesty's name, the Honourable the Deputy of Her Excellency the Governor General doth assent to these Bills."

4:14 p.m.

The Commons withdrew.

After which the Honourable the Deputy of Her Excellency the Governor General was pleased to retire.

 

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 4:18 p.m. the Senate was continued until Tuesday next, May 15, 2001, at 2:00 p.m.)

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

Standing Senate Committee on National Finance

The name of the Honourable Senator Angus substituted for that of the Honourable Senator Doody (May 9).

The name of the Honourable Senator Doody substituted for that of the Honourable Senator Angus (May 10).

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Watt substituted for that of the Honourable Senator Sibbeston (May 9).

Standing Committee on Privileges, Standing Rules and Orders

The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Fraser (May 9).

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Kinsella added to the membership (May 9).

The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Pépin (May 10).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Gill substituted for that of the Honourable Senator Setlakwe (May 9).

Standing Senate Committee on Aboriginal Peoples

The name of the Honourable Senator Rompkey substituted for that of the Honourable Senator Hubley (May 10).

Standing Senate Committee on Banking, Trade and Commerce

The names of the Honourable Senators Wiebe and Fitzpatrick substituted for those of the Honourable Senators Taylor and Wiebe (May 10).

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