Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 77
Wednesday, December 5, 2001
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Comeau, Cook, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Ferretti Barth, Finnerty, Forrestall, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Nolin, Pearson, Pépin, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Setlakwe, Sparrow, Spivak, St. Germain, Stollery, Stratton, Tkachuk, Tunney, Watt, Wiebe, Wilson
The Members in attendance to business were:
The Honourable Senators
*Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, *Bryden, *Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, *Cochrane, Comeau, Cook, *Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, *Eyton, *Fairbairn, Ferretti Barth, *Finestone, Finnerty, Forrestall, *Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, *Kelleher, *Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, *Murray, Nolin, *Oliver, Pearson, Pépin, *Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Setlakwe, *Sibbeston, Sparrow, Spivak, St. Germain, Stollery, Stratton, *Taylor, Tkachuk, Tunney, Watt, Wiebe, 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 Auditor General of Canada to the House of Commons for the year 2001, pursuant to the Auditor General Act, S.C. 1995, c. 43, s. 3.—Sessional Paper No. 1/37-592.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kolber, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Twelfth Report (budget—release of additional funds).
(The Report is printed as Appendix "A'')
The Honourable Senator Kolber moved, seconded by the Honourable Senator Wiebe, 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 Austin, P.C., Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its Eighth Report (amendments to the Rules—Senators indicted and subject to judicial proceedings).
(The Report is printed as Appendix "B'')
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Bacon, 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.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-45, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2002, 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 Pépin, 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-35, An Act to amend the Foreign Missions and International Organizations Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Graham, P.C., moved, seconded by the Honourable Senator Cook, 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 Maheu tabled the following:
Ninth Report of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meeting of the Defence and Security, Political, and Science and Technology Committees of the NATO Parliamentary Assembly, held in Kiev, Ukraine, from November 7 to 9, 2001.—Sessional Paper No. 1/37-593.
Notices of Motions
With leave of the Senate,
The Honourable Senator Bacon moved, seconded by the Honourable Senator Joyal, P.C.:
That the Standing Senate Committee on Transport and Communications have power to sit at 5:30 p.m. today 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.
With leave of the Senate,
The Honourable Senator Kolber moved, seconded by the Honourable Senator Banks:
That the Standing Senate Committee on Banking, Trade and Commerce have power to sit at 3:30 p.m. today 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.
With leave of the Senate,
The Honourable Senator Meighen moved, seconded by the Honourable Senator Stratton:
That the Subcommittee on Veterans Affairs have power to sit at 5:45 p.m. today 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.
With leave of the Senate,
The Honourable Senator Milne moved, seconded by the Honourable Senator Poy:
That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit at 3:30 p.m. today even though the Senate may then be sitting, for the purpose of receiving evidence from the Minister of Justice and Attorney General of Canada and her Officials, during its consideration of Bill C-15A, An Act to amend the Criminal Code and to amend other Acts, 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
Third reading of Bill C-24, An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts.
The Honourable Senator Moore moved, seconded by the Honourable Senator Wiebe, that the Bill be read the third time.
After debate,
In amendment, the Honourable Senator Moore moved, seconded by the Honourable Senator Joyal, P.C., that the Bill be not now read a third time but that it be amended in clause 2,
(a) on page 4, by replacing line 32 with the following:
"public officers'';
(b) on page 5, by replacing line 5 with the following:
"public officer in'';
(c) on page 6, by replacing lines 5 and 6 with the following:
"(b) is designated under subsection''; and
(d) on page 4, by adding after line 34, the following:
"(3.1) A competent authority referred to in paragraph (a) or (b) of the definition of that term in subsection (1) may not designate any public officer under subsection (3) unless there is a public authority composed of persons who are not peace officers that may review the public officer's conduct.
(3.2) The Governor in Council or the lieutenant governor in council of a province, as the case may be, may designate a person or body as a public authority for the purposes of subsection (3.1), and that designation is conclusive evidence that the person or body is a public authority described in that subsection.''.
After debate,
The question being put on the motion in amendment, it was adopted.
The question then being put on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Wiebe, for the third reading of the Bill, as amended, it was adopted.
The Bill, as amended, 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 with one amendment, to which they desire their concurrence.
Resuming debate on the motion of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Ferretti Barth, for the third reading of Bill C-31, An Act to amend the Export Development Act and to make consequential amendments to other Acts.
After debate,
The Honourable Senator Setlakwe moved, seconded by the Honourable Senator Callbeck, 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.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
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Ordered, That all remaining Orders be postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Canadian Human Rights Tribunal 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. 1/37-590.
Reports of the Department of Fisheries and Oceans 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. 1/37-591.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Poy:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:35 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 on Official Languages
The names of the Honourable Senators Setlakwe and Biron substituted for those of the Honourable Senators Hubley and Fraser (December 4).
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Biron (December 5).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator LaPierre substituted for that of the Honourable Senator Poulin (December 4).
Standing Senate Committee on Agriculture and Forestry
The names of the Honourable Senators Phalen and Johnson substituted for those of the Honourable Senators Sparrow and LeBreton (December 4).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Fitzpatrick (December 4).
Special Committee of the Senate on Bill C-36
The name of the Honourable Senator Tkachuk substituted for that of the Honourable Senator Lynch-Staunton (December 5).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Buchanan substituted for that of the Honourable Senator Di Nino (December 5).
Standing Committee on Rules, Procedures and the Rights of Parliament
The names of the Honourable Senators Nolin and Banks substituted for those of the Honourable Senators Rossiter and Poulin (December 5).