Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 70
Tuesday, November 20, 2001
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, De Bané, Doody, Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kinsella, Kolber, Kroft, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Spivak, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, *Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, *Day, De Bané, 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, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, *Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Spivak, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, *Wiebe, Wilson
PRAYERS
SENATORS' STATEMENTS
Pursuant to Rule 43(7), the Honourable Senator Cools gave notice that she would raise a Question of Privilege in respect of certain words spoken in the Senate during debate on Item 8 (inquiry) on Thursday, November 8, 2001, which words she believes thwarted her privileges to speak in the Senate, to move adjournments of debate, and to request leave of the Senate to revert; and also, in respect of certain Senators' wrong assertions about her attendance in the Senate; and also, in respect of the confusion that day about certain Senate rules, the resulting imposition of conditions, contrary to the Senate rules, on her speaking in the Senate; and also, in respect of the distraction of the Speaker by certain Table Officers while she was speaking.
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-38, An Act to amend the Air Canada Public Participation Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Finestone, P.C., moved, seconded by the Honourable Senator Adams, 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 Nolin tabled the following:
Eighth Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the 47th Annual Session of the NATO Parliamentary Assembly, held in Ottawa from October 5 to 9, 2001.—Sessional Paper No. 1/37-578.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Hervieux-Payette, P.C., for the second reading of Bill C-40, An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain provisions that have expired, lapsed, or otherwise ceased to have effect.
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 Graham, P.C., that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Corbin, seconded by the Honourable Senator Day, for the second reading of Bill C-6, An Act to amend the International Boundary Waters Treaty Act.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Corbin moved, seconded by the Honourable Senator Cook, that the Bill be referred to the Standing Senate Committee on Foreign Affairs.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Setlakwe, seconded by the Honourable Senator Tunney, for the second reading of Bill C-31, An Act to amend the Export Development Act and to make consequential amendments to other Acts.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Setlakwe moved, seconded by the Honourable Senator Lapointe, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Motions
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Milne:
WHEREAS section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;
NOW THEREFORE the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by Her Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.
SCHEDULE
AMENDMENT TO THE
CONSTITUTION OF CANADA
1. The Terms of Union of Newfoundland with Canada set out in the Schedule to the Newfoundland Act are amended by striking out the words "Province of Newfoundland'' wherever they occur and substituting the words "Province of Newfoundland and Labrador''.
2. Paragraph (g) of Term 33 of the Schedule to the Act is amended by striking out the word "Newfoundland'' and substituting the words "the Province of Newfoundland and Labrador''.
3. Term 38 of the Schedule to the Act is amended by striking out the words "Newfoundland veterans'' wherever they occur and substituting the words "Newfoundland and Labrador veterans''.
4. Term 42 of the Schedule to the Act is amended by striking out the words "Newfoundland merchant seamen'' and "Newfoundland merchant seaman'' wherever they occur and substituting the words "Newfoundland and Labrador merchant seamen'' and "Newfoundland and Labrador merchant seaman'', respectively.
5. Subsection (2) of Term 46 of the Schedule to the Act is amended by adding immediately after the word "Newfoundland'' where it first occurs the words "and Labrador''.
Citation 6. This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Newfoundland and Labrador).
After debate,
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the Tenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-7, An Act in respect of criminal justice for young persons and to amend and repeal other Acts, with amendments) presented in the Senate on November 8, 2001.
The Honourable Senator Milne moved, seconded by the Honourable Senator Rompkey, P.C., that the Report be adopted.
After debate,
A Point of Order was raised with respect to a Senator moving the adoption of a motion and then claiming not to support it.
After debate,
The Speaker reserved his decision.
The Honourable Senator Beaudoin moved, seconded by the Honourable Senator Bolduc, that further debate on the motion for the adoption of the Report 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.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Gauthier, seconded by the Honourable Senator Lapointe, for the second reading of Bill S-32, An Act to amend the Official Languages Act (fostering of English and French).
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 Gill, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Orders No. 3 and 4 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Other
Orders No. 44 (motion), 8 and 31 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Lapointe calling the attention of the Senate to the time allocated to tributes.
After debate,
The Honourable Senator Gill moved, seconded by the Honourable Senator Setlakwe, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 54, 82 (motions) and 13 (inquiry) were 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 Bryden moved, seconded by the Honourable Senator Christensen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 28 (inquiry), 41, 80 (motions) and 16 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Roche, seconded by the Honourable Senator Finestone, P.C.:
That the Senate of Canada recommends that the Government of Canada avoid involvement and support for the development of a National Missile Defence (NMD) system that would run counter to the legal obligations enshrined in the Anti-Ballistic Missile Treaty, which has been a cornerstone of strategic stability and an important foundation for international efforts on nuclear disarmament and non-proliferation for almost thirty years,
And on the motion in amendment of the Honourable Senator Finestone, P.C., seconded by the Honourable Senator Bacon, that the subject-matter of this motion be referred to the Standing Senate Committee on Defence and Security for study and report back to the Senate.
After debate,
The Honourable Senator Taylor moved, seconded by the Honourable Senator Bryden, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 18, 20 (inquiries), 65 (motion) 7, 6 and 11 (inquiries) were called and postponed until the next sitting.
Order No. 10 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
Resuming debate on the inquiry of the Honourable Senator Finestone, P.C., calling the attention of the Senate to the Islamic Emirate of Afghanistan's May 22nd decree that would force non-Muslim's in that country to wear special identification on their clothing. She believes it is important that this distinguished Chamber not remain silent on this question but to go on record in expressing its collective displeasure with that nation's flirtation with policies that set the stage for events that proved horrific in recent human history. Let us learn from our mistakes. Let us not repeat them.
Debate concluded.
Resuming debate on the inquiry of the Honourable Senator De Bané, P.C., calling the attention of the Senate to Mr. Faisal Husseini, one of the great leaders of the Palestinian people, who died on May 31.
Debate concluded.
Resuming debate on the motion of the Honourable Senator DeWare, seconded by the Honourable Senator Kinsella:
That the Senate endorse and support the following statements from two of its Standing Committees in relation to Bill C-4 being An Act to establish a foundation to fund sustainable development technology.
From the Fifth Report of the Standing Senate Committee on Energy, the Environment and Natural Resources the following statement:
"The actions of the Government of Canada in creating a private sector corporation as a stand-in for the Foundation now proposed in Bill C-4, and the depositing of $100 million of taxpayers' money with that corporation, without the prior approval of Parliament, is an affront to members of both Houses of Parliament. The Committee requests that the Speaker of the Senate notify the Speaker of the House of Commons of the dismay and concern of the Senate with this circumvention of the parliamentary process.''
From the Eighth Report of the Standing Senate Committee on National Finance being its Interim Report on the 2001-2002 Estimates, the Committee's comments on Bill C-4:
"Senators wondered if this was an appropriate way to create such agencies and crown corporations. They questioned whether the government should have passed the bill before it advanced the funding. The members of the Committee condemn this process, which creates and funds a $100 million agency without prior Parliamentary approval.''
And that this Resolution be sent to the Speaker of the House of Commons so that he may acquaint the House of Commons with the Senate's views and conclusions on Bill C-4 being An Act to establish a foundation to fund sustainable development technology.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Finestone, P.C., 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 Cools in respect of certain words spoken in the Senate during debate on Item 8 (inquiry) on Thursday, November 8, 2001, which words she believes thwarted her privileges to speak in the Senate, to move adjournments of debate, and to request leave of the Senate to revert; and also, in respect of certain Senators' wrong assertions about her attendance in the Senate; and also, in respect of the confusion that day about certain Senate rules, the resulting imposition of conditions, contrary to the Senate rules, on her speaking in the Senate; and also, in respect of the distraction of the Speaker by certain Table Officers while she was speaking.
Debate.
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With leave,
The Senate reverted to Notices of Motions.
With leave of the Senate,
The Honourable Senator Stollery moved, seconded by the Honourable Senator Finestone, P.C.:
That the Standing Senate Committee on Foreign Affairs 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.
QUESTION OF PRIVILEGE
The Senate resumed debate on consideration of the Question of Privilege of the Honourable Senator Cools.
After debate,
The Question of Privilege was withdrawn.
INQUIRIES
The Honourable Senator Prud'homme, P.C., called the attention of the Senate to the latest public report for the year 2000 from the Canadian Security Intelligence Service.
Debate concluded.
The Honourable Senator Prud'homme, P.C., called the attention of the Senate to the way in which, in the future, honorary Canadian citizens should be named and national days of remembrance proclaimed for individuals or events.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Prud'homme, P.C., 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 Finestone, P.C., called the attention of the Senate to the issue of biological weapons and bio-warfare.
After debate,
The Honourable Senator Finestone, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., 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 Kinsella moved, seconded by the Honourable Senator Stratton:
That the Senate do resolve itself into a Committee of the Whole, on Wednesday, June 20, 2001, at a time convenient to the Government and the Information Commissioner in order to receive the Information Commissioner, Mr. John Reid, P.C., for the purpose of discussing the most recent Annual Report of the Commission, including the call for whistleblowing legislation; and
That television cameras be authorized in the Chamber to broadcast the proceedings of the Committee of the Whole, with the least possible disruption of the proceedings.
After debate,
The Honourable Senator Stratton for the Honourable Senator Lynch-Staunton 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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Copy of Regulations amending the United Nations Suppression of Terrorism Regulations (SOR/2001-440) pursuant to the United Nations Act, R.S. 1985, c. U-2, sbs. 4(1).1/37. —Sessional Paper No. 1/37-568.
Report of Canada Customs and Revenue Agency for the fiscal year ended March 31, 2001, pursuant to the Canada Customs and Revenue Agency Act, S.C. 1999, c. 17, sbs. 88(1).—Sessional Paper No. 1/37-569.
Report on the receipts and disbursements of the Office of the Auditor General for the fiscal year ended March 31, 2001, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 21(2).—Sessional Paper No. 1/37-570.
Copy of Order in Council P.C. 2001-2031 dated November 1, 2001, concerning the Agreement on Social Security between the Government of Canada and the Government of Australia, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, sbs. 42(1).—Sessional Paper No. 1/37-571.
Report of the Canadian Film Development Corporation, together with the Auditor General's report, for the fiscal year ended March 31, 2001, pursuant to the Canadian Film Development Corporation Act, R.S.C. 1985, c. C-16, sbs. 23(2). —Sessional Paper No. 1/37-572.
Report of the Parks Canada Agency, together with the Auditor General's report, for the fiscal year ended March 31, 2001, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 34(1).—Sessional Paper No. 1/37-573.
Reports of the Canadian Commercial Corporation 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. 1/37-574.
Summaries of the Corporate Plan for 2000-01 to 2004-05 and of the Operating and Capital Budgets for 2000-01 of the Canadian Commercial Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-575.
Report on the administration of the Canada Small Business Financing Act for the fiscal year ended March 31, 2001, pursuant to the Act, S.C. 1998, c. 36, s. 20.—Sessional Paper No. 1/37-576.
Report of the Canadian Dairy Commission, together with the Auditor General's report, for the fiscal year ended March 31, 2001, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/37-577.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:43 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 Banking, Trade and Commerce
The name of the Honourable Senator Setlakwe substituted for that of the Honourable Senator Banks (November 9).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Hubley (November 9).
The name of the Honourable Senator Fitzpatrick removed from the membership (November 9).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Di Nino (November 13).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Wiebe (November 19).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Hervieux-Payette substituted for that of the Honourable Senator Kenny (November 19).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Atkins (November 19).
Standing Joint Committee on Official Languages
The name of the Honourable Senator LaPierre removed from the membership (November 19).
Special Committee of the Senate on Illegal Drugs
The name of the Honourable Senator name Finestone substituted for that of the Honourable Senator Jaffer (November 19).