Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 65
Wednesday, October 31, 2001
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Kinsella, Kolber, Kroft, LaPierre, Lapointe, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Mahovlich, Milne, Moore, Murray, Nolin, Oliver, Pearson, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Setlakwe, Sparrow, Spivak, Stollery, Stratton, Taylor, Tunney, Watt, Wiebe, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, *Keon, Kinsella, *Kirby, Kolber, Kroft, LaPierre, Lapointe, Lawson, LeBreton, *Léger, Losier-Cool, Lynch-Staunton, *Maheu, Mahovlich, Milne, Moore, *Morin, Murray, Nolin, Oliver, Pearson, *Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, *Robertson, Robichaud, Roche, Rompkey, Setlakwe, Sparrow, Spivak, Stollery, Stratton, Taylor, 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 Milne, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Ninth Report (Proposals to Correct Certain Anomalies, Inconsistencies, and Errors in the Statutes of Canada).
(The Report is printed as an Appendix)
With leave of the Senate,
The Honourable Senator Milne moved, seconded by the Honourable Senator Phalen, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Gustafson presented the following:
WEDNESDAY, October 31, 2001
The Standing Senate Committee on Agriculture and Forestry has the honour to present its
SIXTH REPORT
Your Committee, to which was referred Bill S-22, An Act to provide for the recognition of the Canadien Horse as the national horse of Canada, has, in obedience to the Order of Reference of Monday, June 11, 2001, examined the said Bill and now reports the same with the following amendments:
1. Page 1, long title: Replace the long title with the following:
"An Act to provide for the recognition of the Canadian horse as the national horse of Canada''.
2. Page 1, preamble:
(a) Replace line 1 with the following:
"WHEREAS the Canadian horse was in-'';
(b) Replace line 6 with the following:
"WHEREAS the Canadian horse in-'';
(c) Replace line 12 with the following:
"known the Canadian horse have made clear'';
(d) Replace line 17 with the following:
"WHEREAS the Canadian horse was at'';
(e) Replace lines 24 and 25 with the following:
"re-establish and preserve the Canadian horse;''; and
(f) Replace line 28 with the following:
"the Canadian horse in the history of Canada;''.
3. Page 2, Clause 1: Replace, in the French version, lines 1 and 2 with the following:
"1. Loi sur le cheval national du Canada.''
4. Page 2, Clause 2:
(a) Replace, in the French version, the heading preceding clause 2 with the following:
"LE CHEVAL NATIONAL''; and
(b) Replace lines 3 and 4 with the following:
"2. The horse known as the Canadian horse is hereby recognized and de-''.
Respectfully submitted,
LEONARD J. GUSTAFSON
Chair
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Murray, P.C., 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 Poy:
That when the Senate adjourns today, it do stand adjourned until tomorrow, Thursday, November 1, 2001, at 1:30 p.m.
The question being put on the motion, it was adopted.
Notices of Motions
With leave of the Senate,
The Honourable Senator Milne moved, seconded by the Honourable Senator Pearson:
That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit at 3:30 p.m. today, Wednesday, October 31, 2001, for the purpose of its examination of Bill C-7, An Act in respect of criminal justice for young persons and to amend and repeal other Acts, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Cordy, seconded by the Honourable Senator LaPierre, for the third reading of Bill C-11, An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger,
And on the motion in amendment, of the Honourable Senator Andreychuk, seconded by the Honourable Senator Cochrane, that Bill C-11 be not now read a third time, but be read a third time on a day six months hence.
After debate,
Pursuant to the Order adopted October 4, 2001, all questions to dispose of third reading of Bill C-11 will be put at 5:00 p.m. today.
OTHER BUSINESS
Reports of Committees
Consideration of the Ninth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Proposals to Correct Certain Anomalies, Inconsistencies, and Errors in the Statutes of Canada), presented in the Senate earlier this day.
The Honourable Senator Milne moved, seconded by the Honourable Senator Chalifoux, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
GOVERNMENT BUSINESS
Bills
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Callbeck, seconded by the Honourable Senator Bacon, for the third reading of Bill C-14, An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act, 1987 and other Acts.
After debate,
The question being put on the motion, 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, without amendment.
Orders No. 4 and 5 were called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
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 Gauthier, seconded by the Honourable Senator Fraser, for the second reading of Bill S-29, An Act to amend the Broadcasting Act (review of decisions).
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Corbin, that the Bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.
Order No. 6 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the Fifth Report of the Standing Senate Committee on Agriculture and Forestry (Committee of the Whole to hear the Minister of Agriculture) presented in the Senate on October 18, 2001.
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Stratton, that the Report be adopted.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Gustafson moved, seconded by the Honourable Senator Stratton, that the Fifth Report of the Standing Senate Committee on Agriculture and Forestry be amended to add the following after the words "to hear from the Minister of Agriculture'' and before the words "on the crisis'':
and all other recognized farm groups, including the ones who appeared before us today.
The question being put on the motion in amendment, it was adopted.
The Senate resumed debate on the motion of the Honourable Senator Gustafson, seconded by the Honourable Senator Stratton for the adoption of the Fifth Report, as amended, of the Standing Senate Committee on Agriculture and Forestry (Committee of the Whole to hear the Minister of Agriculture) presented in the Senate on October 18, 2001.
Debate.
RECORDED DIVISION
At 5:00 p.m. and pursuant to Rule 66(3), the Senate proceeded to put the question on the motion in amendment of the Honourable Senator Andreychuk to the motion of the Honourable Senator Cordy, seconded by the Honourable Senator LaPierre, for the third reading of Bill C-11, An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger.
The question was put on the motion in amendment of the Honourable Senator Andreychuk, seconded by the Honourable Senator Cochrane, that Bill C-11 be not now read a third time, but be read a third time on a day six months hence.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Beaudoin, Bolduc, Carney, Cochrane, Comeau, DiNino, Doody, Eyton, Gustafson, Johnson, Kelleher, Kinsella, Lawson, LeBreton, Lynch-Staunton, Murray, Nolin, Oliver, Prud'homme, Rivest, Spivak, Stratton, Wilson—24
NAYS
The Honourable Senators
Adams, Bacon, Banks, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Furey, Gauthier, Gill, Grafstein, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Kolber, Kroft, LaPierre, Lapointe, Losier-Cool, Mahovlich, Milne, Moore, Pearson, Phalen, Poulin, Poy, Robichaud, Roche, Rompkey, Setlakwe, Stollery, Taylor, Tunney, Watt, Wiebe—51
ABSTENTIONS
The Honourable Senators
Nil
The question was then put on the motion of the Honourable Senator Cordy, seconded by the Honourable Senator LaPierre, for the third reading of Bill C-11, An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger.
The motion was adopted on the following division:
YEAS
The Honourable Senators
Adams, Bacon, Banks, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Furey, Gauthier, Gill, Grafstein, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Kolber, Kroft, LaPierre, Lapointe, Lawson, Losier-Cool, Mahovlich, Milne, Moore, Pearson, Phalen, Poulin, Poy, Robichaud, Roche, Rompkey, Setlakwe, Stollery, Taylor, Tunney, Watt, Wiebe—52
NAYS
The Honourable Senators
Andreychuk, Beaudoin, Bolduc, Carney, Cochrane, Comeau, Di Nino, Doody, Eyton, Gustafson, Johnson, Kelleher, Kinsella, LeBreton, Lynch-Staunton, Murray, Nolin, Oliver, Prud'homme, Rivest, Spivak, Stratton, Wilson—23
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, the Bill was 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, without amendment.
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With leave of the Senate,
The Honourable Senator Bacon moved, seconded by the Honourable Senator Callbeck:
That the Standing Senate Committee on Transport and Communications have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
Reports of Committees
The Senate resumed debate on the motion of the Honourable Senator Gustafson, seconded by the Honourable Senator Stratton for the adoption of the Fifth Report, as amended, of the Standing Senate Committee on Agriculture and Forestry (Committee of the Whole to hear the Minister of Agriculture) presented in the Senate on October 18, 2001.
After debate,
The question being put on the motion, it was negatived on division.
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With leave of the Senate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Robichaud, P.C.:
That Standing Senate Committee on National Finance have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
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Resuming debate on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Moore, for the adoption of the Second Report of the Standing Senate Committee on Defence and Security (budget—release of additional funds) presented in the Senate on September 25, 2001.
After debate,
The Honourable Senator Bryden moved, seconded by the Honourable Senator Poy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on the following division:
YEAS
The Honourable Senators
Adams, Andreychuk, Beaudoin, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Di Nino, Finestone, Finnerty, Fitzpatrick, Fraser, Gill, Graham, Gustafson, Hubley, Kelleher, Kinsella, Lawson, Lynch-Staunton, Mahovlich, Oliver, Poulin, Poy, Robichaud, Roche, Rompkey, Stratton, Taylor, Tunney, Watt—35
NAYS
The Honourable Senators
Banks, Cools, Corbin, Day, Jaffer, Kenny, Kroft, LaPierre, Moore, Phalen, Setlakwe, Stollery, Wiebe—13
ABSTENTIONS
The Honourable Senators
Grafstein, Kolber—2
Reports of Committees
Orders No. 4 and 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Callbeck, for the adoption of the Fourth Report of the Standing Committee on Privileges, Standing Rules and Orders (now called the Standing Committee on Rules, Procedures and the Rights of Parliament) (name change of the Defence and Security Committee) presented in the Senate on September 19, 2001.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Kelleher, P.C., 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 division:
YEAS
The Honourable Senators
Andreychuk, Beaudoin, Bryden, Cochrane, Comeau, Gustafson, Kelleher, Kinsella, Lynch-Staunton, Oliver, Prud'homme, Roche, Stratton—13
NAYS
The Honourable Senators
Bacon, Banks, Biron, Callbeck, Carstairs, Chalifoux, Christensen, Cools, Corbin, Day, Finestone, Finnerty, Fitzpatrick, Fraser, Gill, Grafstein, Graham, Hubley, Jaffer, Joyal, Kenny, Kolber, Kroft, LaPierre, Lawson, Mahovlich, Milne, Moore, Phalen, Poulin, Poy, Robichaud, Rompkey, Stollery, Taylor, Tunney, Watt, Wiebe—38
ABSTENTIONS
The Honourable Senators
Adams—1
Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Callbeck, for the adoption of the Fourth Report of the Standing Committee on Privileges, Standing Rules and Orders (now called the Standing Committee on Rules, Procedures and the Rights of Parliament) (name change of the Defence and Security Committee) presented in the Senate on September 19, 2001.
After debate,
The question being put on the motion, it was adopted.
Order No. 7 was called and postponed until the next sitting.
Other
Order No. 28 (inquiry) was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Pépin:
That the Senate:
- Considering Resolutions 1368 and 1373 adopted by the Security Council of the United Nations on September 12, and September 28, supporting initiatives to eradicate international terrorism that threaten peace, security, human rights and freedoms and the political order of the free and democratic society;
- Considering that in its special session of October 2, 2001, the North Atlantic Council determined that "the attack against the United States on 11 September was directed from abroad and shall therefore be regarded as an action covered by Article 5 of the Washington Treaty, which states that an armed attack on one or more of the Allies in Europe or North America shall be considered an attack against them all'';
- Condemn unequivocally the use of violence and terrorism to overthrow the democratic order and the elimination of human rights and freedoms;
- Support the decision of the Government calling upon the Canadian Armed Forces on active service to join the international campaign against the perpetrators of the terrorist attacks of September 11;
- Express its preoccupation that humanitarian support be given to the civilians affected by that campaign;
- Express its urgent concern that the authors and supporters of those terrorists attacks are brought to justice accordingly;
- Express its strong belief that it is through negotiation and peace settlement that legitimate claims of the States should be dealt with in the International Order; and
That upon adoption of this motion, the said motion should be deemed referred to the Standing Senate Committees on Foreign Affairs and Defence and Security for study and report back to the Chamber in the next 30 days.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Stratton.
Resuming debate on the inquiry of the Honourable Senator Gauthier calling the attention of the Senate to the current negotiations on the renewal of the broadcasting agreement between the Senate and CPAC (the Cable Public Affairs Channel) to ensure that they include the closed-captioning of parliamentary debates authorized for television, and that the renewal of this agreement reflect the commitments made by CPAC on services for the hearing impaired.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Comeau, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 41 (motion) was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Losier-Cool, seconded by the Honourable Senator Léger:
That the Senate of Canada recommends that the Government of Canada recognize the date of August 15th as Fête nationale des Acadiens et Acadiennes, given the Acadian people's economic, cultural and social contribution to Canada.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Léger moved, seconded by the Honourable Senator Corbin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 80 (motion), 16 (inquiry), 3 (motion), 18, 20 (inquiries), 65 (motion) 7, 6, 11, 10, 22, 23 (inquiries), 73, 44 (motions) and 8 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Poy, seconded by the Honourable Senator Carney, P.C.:
That May be recognized as Asian Heritage Month, given the important contributions of Asian Canadians to the settlement, growth and development of Canada, the diversity of the Asian community, and its present significance to this country.
After debate,
The Honourable Senator Taylor moved, seconded by the Honourable Senator Poy, 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):
Summaries of the Corporate Plan for 2001-02 to 2005-06 and of the Capital and Operating Budgets for 2001-02 of the Cape Breton Development Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-539.
Reports of the Department of Veterans Affairs for the fiscal year ended March 31, 2001, 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. 1/37-540.
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 8:05 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 Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Cook substituted for that of the Honourable Senator Pearson (October 30).
Standing Senate Committee on National Finance
The name of the Honourable Senator Furey substituted for that of the Honourable Senator Day (October 30).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Rossiter substituted for that of the Honourable Senator Oliver (October 30).
Special Committee of the Senate on Illegal Drugs
The name of the Honourable Senator Carney substituted for that of the Honourable Senator Forrestall (October 30).