Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 81
Wednesday, December 12, 2001
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, 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, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Spivak, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, *Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, 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, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, 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
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Stollery, Chair of the Standing Senate Committee on Foreign Affairs, presented its Tenth Report (Bill C-6, An Act to amend the International Boundary Waters Treaty Act) without amendment.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Corbin, 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.
Notices of Motions
With leave of the Senate,
The Honourable Senator Kolber moved, seconded by the Honourable Senator Bacon:
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 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, even though the Senate may then be sitting, for the purpose of receiving evidence for 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.
Presentation of Petitions
The Honourable Senator Milne presented petitions:
Of Residents of Canada and Canada's Home Children concerning the Statistics Act (census records).
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-46, An Act to amend the Criminal Code (alcohol ignition interlock device programs).
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., 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 Carstairs, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., that the Bill be referred to a Committee of the Whole later this day, at 3:30 p.m.
The question being put on the motion, it was adopted.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Joyal, P.C.:
That, pursuant to Rule 21, the Minister of Justice and Attorney General of Canada, the Honourable Anne McLellan, P.C., M.P., and her officials, be invited to participate in the deliberations of the Committee of the Whole on Bill C-46, An Act to amend the Criminal Code (alcohol ignition interlock device programs).
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the third reading of Bill C-36, An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities in order to combat terrorism.
After debate,
In amendment, the Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Forrestall, that the Bill be not now read a third time but that it be amended on page 183, by adding after line 28 the following:
"Expiration
147. (1) The provisions of this Act, except those referred to in subsection (2), cease to be in force five years after the day on which this Act receives royal assent or on any earlier day fixed by order of the Governor in Council.
(2) Subsection (1) does not apply to section 320.1 of the Criminal Code, as enacted by section 10, to subsection 430(4.1) of the Criminal Code, as enacted by section 12, to subsection 13(2) of the Canadian Human Rights Act, as enacted by section 88, or to the provisions of this Act that enable Canada to fulfill its commitments under the conventions referred to in the definition "United Nations operation'' in subsection 2(2) and in the definition "terrorist activity'' in subsection 83.01(1) of the Criminal Code, as enacted by section 4.''.
Debate.
COMMITTEE OF THE WHOLE
At 3:30 p.m., pursuant to the Order adopted earlier this day, the Senate was adjourned during pleasure and put into a Committee of the Whole on the Bill C-46, An Act to amend the Criminal Code (alcohol ignition interlock device programs), the Honourable Senator Losier-Cool in the Chair.
—In the Committee—
Pursuant to the Order adopted earlier this day, the Honourable Anne McLellan, P.C., M.P., Minister of Justice and Attorney General of Canada, and Mr. Hal Pruden, Counsel, Criminal Law Policy Section, Department of Justice, were escorted to seats in the Senate Chamber.
The title of the Bill was read and postponed.
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Clause 1 of the Bill was read.
Debate.
The question of concurrence being put on Clause 1 of the Bill, it was adopted.
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The title of the Bill was again read.
The question of concurrence being put on the title of the Bill, it was adopted.
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The sitting of the Senate resumed.
The Chair of the Committee stated that the Committee had examined the Bill and had directed her to report the same to the Senate, without amendment.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Rompkey, 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.
Bills
The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the third reading of Bill C-36, An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities in order to combat terrorism,
And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Forrestall, that the Bill be not now read a third time but that it be amended on page 183, by adding after line 28 the following:
"Expiration
147. (1) The provisions of this Act, except those referred to in subsection (2), cease to be in force five years after the day on which this Act receives royal assent or on any earlier day fixed by order of the Governor in Council.
(2) Subsection (1) does not apply to section 320.1 of the Criminal Code, as enacted by section 10, to subsection 430(4.1) of the Criminal Code, as enacted by section 12, to subsection 13(2) of the Canadian Human Rights Act, as enacted by section 88, or to the provisions of this Act that enable Canada to fulfill its commitments under the conventions referred to in the definition "United Nations operation'' in subsection 2(2) and in the definition "terrorist activity'' in subsection 83.01(1) of the Criminal Code, as enacted by section 4.''.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Stratton, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Resuming debate on the consideration of the Tenth Report of the Standing Senate Committee on National Finance (Supplementary Estimates "A'' 2001-02) tabled in the Senate on December 4, 2001.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Doody, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Bills
Order No. 3 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Christensen, seconded by the Honourable Senator Chalifoux, for the second reading of Bill C-39, An Act to replace the Yukon Act in order to modernize it and to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, and to repeal and make 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 Robichaud, P.C., moved, seconded by the Honourable Senator Chalifoux, 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.
Resuming debate on the motion of the Honourable Senator Pearson, seconded by the Honourable Senator Bryden, for the third reading of Bill C-7, An Act in respect of criminal justice for young persons and to amend and repeal other Acts,
And on the motion in amendment of the Honourable Senator Moore, seconded by the Honourable Senator Watt, that the Bill be not now read a third time but that it be amended,
(a) in clause 38, on page 38,
(i) by replacing lines 27 and 28 with the following:
"for that offence;
(d) all available sanctions other than custody that are reasonable in the circumstances should be considered for all young persons, with particular attention to the circumstances of aboriginal young persons; and
(e) subject to paragraph (c), the sentence'', and
(ii) by renumbering all references to paragraph 38(2)(d) as references to paragraph 38(2)(e); and
(b) in clause 50, on page 57, by replacing line 23 with the following:
"except for paragraph 718.2(e) (sentencing principle for aboriginal offenders), sections 722 (victim impact state-''.
After debate,
The question was put on the motion in amendment.
With leave of the Senate, a recorded division was deferred until tomorrow, at 3:00 p.m.
Orders No. 5 to 7 and 9 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Consideration of the amendment by the House of Commons to Bill S-10, An Act to amend the Parliament of Canada Act (Parliamentary Poet Laureate):
1. Page 1, Clause 1
(a) replace, in the English version, lines 7 to 9 on page 1 with the following:
"75.1 (1) There is hereby established the position of Parliamentary Poet Laureate, the holder of which is an officer of the Library of Parliament''
(b) replace lines 20 to 30 on page 1, and line 1 on page 2, with the following:
"(3) The Parliamentary Poet Laureate holds office for a term not exceeding two years, at the pleasure of the Speaker of the Senate and the Speaker of the House of Commons acting together.
(4) The Parliamentary Poet Laureate may''.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Fairbairn, P.C.:
That the Senate concur in the amendment made by the House of Commons to this Bill without amendment; and
That a Message be sent to the House of Commons to acquaint that House accordingly.
After debate,
The question being put on the motion, it was adopted.
Orders No. 2 to 5 were called and postponed until the next sitting.
Second reading of Bill S-35, An Act to honour Louis Riel and the Metis People.
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Gill, that the Bill be read the second time.
After debate,
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Prud'homme, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 7 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Consideration of the Eighth Report of the Standing Senate Committee on Foreign Affairs (budget—release of additional funds (study relating to foreign relations generally)) presented in the Senate on December 4, 2001.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Finestone, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Ninth Report of the Standing Senate Committee on Foreign Affairs (budget—release of additional funds (study on the European Union)) presented in the Senate on December 4, 2001.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Jaffer, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Seventh Report of the Standing Senate Committee on Agriculture and Forestry (budget—release of additional funds) presented in the Senate on December 4, 2001.
The Honourable Senator Kinsella for the Honourable Senator Gustafson moved, seconded by the Honourable Senator Atkins, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Fourth Report of the Standing Senate Committee on Fisheries (budget—release of additional funds) presented in the Senate on December 4, 2001.
The Honourable Senator Kinsella for the Honourable Senator Comeau moved, seconded by the Honourable Senator Cochrane, that the Report be adopted.
The question being put on the motion, it was adopted.
Order No. 9 was 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 Seventh Report of the Standing Committee on Rules, Procedures and the Rights of Parliament (official third party recognition) presented in the Senate on November 6, 2001.
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Ferretti Barth, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Consideration of the Twelfth Report of the Standing Senate Committee on Banking, Trade and Commerce (budget—release of additional funds) presented in the Senate on December 5, 2001.
The Honourable Senator Kolber moved, seconded by the Honourable Senator Kroft, that the Report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 81 (motion), 31, 38, 36, 28, 7, 16, 11, 29, 33 (inquiries), 3 (motion), 32 (inquiry), 73 (motion), 26 (inquiry), 74, 44 (motions), 8 (inquiry), 82 (motion), 13 (inquiry) and 41 (motion) were called and postponed until the next sitting.
Order No. 80 (motion) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
INQUIRIES
The Honourable Senator De Bané, P.C., called the attention of the Senate to certain lessons to be drawn from the tragedy that occurred on September 11, 2001.
After debate,
The Honourable Senator Roche moved, seconded by the Honourable Senator Di Nino, 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 for the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Cochrane:
That the date for the presentation by the Standing Senate Committee on National Finance of the final report on its study on the effectiveness and possible improvements to the present equalization policy, which was authorized by the Senate on June 12, 2001, be extended to February 26, 2002; and
That the Committee be permitted, notwithstanding the usual practices, to deposit its 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 this Chamber.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Federal-Provincial Crop Insurance Agreement with the province of Saskatchewan, pursuant to the Farm Income Protection Act, S.C. 1991, c. 22, sbs. 6(1).1/37.—Sessional Paper No. 1/37-600.
Copies of Orders in Council P.C. 2000-1626, P.C. 2001-460, P.C. 2001-514, P.C. 2001-516, P.C. 2001-517, P.C. 2001-525, P.C. 2001-987, P.C. 2001-1402, P.C. 2001-1425 and P.C. 2001-1594 concerning federal-provincial and federal-territorial crop insurance agreements with the ten provinces and with the Yukon, pursuant to the Farm Income Protection Act, S.C. 1991, c. 22, sbs. 12(7).—Sessional Paper No. 1/37-601
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Fairbairn, 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 Foreign Affairs
The names of the Honourable Senators Kenny, Day, Murray, Di Nino and Bolduc substituted for those of the Honourable Senators Grafstein, Losier-Cool, Di Nino, Bolduc and Di Nino (December 11).
The names of the Honourable Senators Di Nino, Grafstein and Losier-Cool substituted for those of the Honourable Senators Murray, Kenny and Day (December 12).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Poulin (December 12).