Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 89
Tuesday, February 19, 2002
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened 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, Doody, Duhamel, Eyton, Fairbairn, Ferretti Barth, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kolber, Kroft, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Sparrow, 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, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Doody, Duhamel, Eyton, Fairbairn, Ferretti Barth, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, *Kirby, Kolber, Kroft, *LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, *Maheu, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Sparrow, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe, Wilson
PRAYERS
A minute of silence was observed in memory of Her Royal Highness, The Princess Margaret, whose death occurred on February 9, 2002.
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The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The Communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
February 19, 2002
Mr. Speaker:
I have the honour to inform you that the Honourable Jack Major, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 19th day of February, 2002, at 2:55 p.m. for the purpose of giving Royal Assent to a Bill.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Milne presented the following:
TUESDAY, February 19, 2002
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
FOURTEENTH REPORT
Your Committee, to which was referred Bill C-15A, An Act to Amend the Criminal Code and to amend other Acts, has, in obedience to the Order of Reference of Tuesday, November 6, 2001, examined the said Bill and now reports the same with the following amendments:
1. Page2, clause 5: Add after line 37 the following:
"(2.1) Section 163.1 of the Act is amended by adding the following after subsection (3):
(3.1) A custodian of a computer system who merely provides the means or facilities of telecommunication used by another person to commit an offence under subsection 163.1 (3) does not commit an offence.
(3.2) In this section, "telecommunication'' has the same meaning as in section 326 and 327 of this Act.''.
2. Page 3, clause 5: Add after line 7 the following:
"(4) Subsections 163.1(6) and (7) of the Act are replaced by the following:
(6) Where the accused is charged with an offence under subsection (2), (3), (4), or (4.1), the court shall find the accused not guilty if the representation or written material that is alleged to constitute child pornography has artistic merit or an educational, scientific or medical purpose
(7) Subsections 163(3) to (5) apply, with such modifications as the circumstances require, with respect to an offence under subsection (2), (3), (4) or (4.1).''.
Respectfully submitted,
LORNA MILNE
Chair
The Honourable Senator Milne moved, seconded by the Honourable Senator Taylor, 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 Comeau, Chair of the Standing Senate Committee on Fisheries tabled its Fifth Report (interim) entitled: Selected Themes on Canada's Freshwater and Northern Fisheries.—Sessional Paper No. 1/37-639S.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk, 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 Senate Public Bills
The Honourable Senator Poy presented a Bill S-39, An Act to amend the National Anthem Act to include all Canadians.
The Bill was read the first time.
The Honourable Senator Poy moved, seconded by the Honourable Senator Pearson, 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 Austin, P.C., tabled the following:
Sixth Report of the Canadian Delegation of the Canada-China Legislative Association respecting its participation at the Fourth Bilateral Meeting, held in Toronto, Quebec City, Prince Edward Island and Montreal, in October 2001. —Sessional Paper No. 1/37-640.
Notices of Motions
With leave of the Senate,
The Honourable Senator Kroft moved, seconded by the Honourable Senator Austin, P.C.:
That the Senate authorize the videotaping of the Royal Assent Ceremony scheduled today, for the purpose of making an educational video.
The question being put on the motion, it was adopted.
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With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Chalifoux, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its Sixth Report (Bill C-37, An Act to facilitate the implementation of those provisions of first nations' claim settlements in the Provinces of Alberta and Saskatchewan that relate to the creation of reserves or the addition of land to existing reserves, and to make related amendments to the Manitoba Claim Settlements Implementation Act and the Saskatchewan Treaty Land Entitlement Act), without amendment.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Chalifoux, 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.
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 John Charles Major, 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 the Speaker commanded the Acting 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 title of the Bill to be assented to as follows:
An Act in respect of criminal justice for young persons and to amend and repeal other Acts (Bill C-7, Chapter 1, 2002).
To this Bill 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 this Bill.''
3:10 p.m.
The Commons withdrew.
After which the Honourable the Deputy of Her Excellency the Governor General was pleased to retire.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-41, An Act to amend the Canadian Commercial Corporation Act.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Milne, that the Bill be read the third time.
After debate,
The Honourable Senator Stratton for the Honourable Senator Meighen moved, seconded by the Honourable Senator Forrestall, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
Third reading of Bill S-12, An Act to amend the Statistics Act and the National Archives of Canada Act (census records).
The Honourable Senator Milne moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be read the third time.
After debate,
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Robertson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill S-38, An Act declaring the Crown's recognition of self-government for the First Nations of Canada.
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Tkachuk, that the Bill be read the second time.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 4 and 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Chalifoux, seconded by the Honourable Senator Gill, for the second reading of Bill S-35, An Act to honour Louis Riel and the Metis People.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 7 and 8 were called and postponed until the next sitting.
Second reading of Bill S-37, An Act respecting a National Acadian Day.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Bolduc, that the Bill be read the second time.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Order No. 2 was called and postponed until the later this day.
Orders No. 3 to 5 were called and postponed until the next sitting.
Other
Orders No. 41 (motion), 37, 28, (inquiries), 3 (motion), 31, 38, 36, 7, 16, 11, 29, 33, 32, (inquiries), 73 (motion), 26 (inquiry), 74, 44 (motions) and 8 (inquiry) were called and postponed until the next sitting.
With leave,
The Senate reverted to Reports of Committees.
Consideration of the Eleventh Report of the Standing Committee on Internal Economy, Budgets and Administration (Senate Supplementary Estimates 2001-2002), presented in the Senate on February 7, 2002.
After debate,
With leave of the Senate, the Order was discharged and the Report withdrawn.
INQUIRIES
The Honourable Senator Bolduc called the attention of the Senate to the inquiry standing in the name of the Honourable Senator Lynch-Staunton concerning the budget presented by the Minister of Finance in the House of Commons on December 10, 2001.
After debate,
The Honourable Senator Stratton, moved, seconded by the Honourable Senator Robertson, that futher debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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With leave of the Senate,
The Honourable Senator Taylor, moved, seconded by the Honourable Senator Milne,
That the Standing Senate Committee on Energy, the Environment and Natural Resources 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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the Operation of the Canadian Multiculturalism Act for the fiscal year ended March 31, 2001, pursuant to the Act, R.S.C. 1985, c. 24 (4th Supp.), s. 8.—Sessional Paper No. 1/37-628.
Summaries of the Corporate Plan for the period 2001-02 to 2005-06 and of the Operating and Capital Budgets of the Canadian Dairy Commission for the dairy year ending July 31, 2002, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-629.
Document entitled "Export of Military Goods from Canada'' for the year 2000.—Sessional Paper No. 1/37-630.
Lists of various international agreements which entered into force for Canada during 2000 (together with copies of the agreements).—Sessional Paper No. 1/37-631.
Five-Year Review and Report to Parliament of the Board of Governors of the Canadian Centre for Management Development for December 1, 1996 to November 30, 2001, pursuant to the Canadian Centre for Management Development Act, S.C. 1991, c. 16, sbs. 19(4).—Sessional Paper No. 1/37-632.
Report by the Minister of Canadian Heritage on official language activities for the fiscal year ended March 31, 2001, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 44.—Sessional Paper No. 1/37-633.
Copy of Regulations amending the United Nations Suppression of Terrorism Regulations (SOR/2002-33), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1). —Sessional Paper No. 1/37-634.
Report on the administration and operation of the Canada Health Act for the fiscal year ended March 31, 2001, pursuant to the Act, R.S.C. 1985, c. C-6, s. 23.—Sessional Paper No. 1/37-635.
Report of the Northern Pipeline Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2001, pursuant to the Northern Pipeline Act, R.S.C. 1985, c. N-26, ss. 13 and 14.—Sessional Paper No. 1/37- 636.
Report on the administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 2001, pursuant to the Act, R.S.C. 1985, c. S-24, s. 12.—Sessional Paper No. 1/37-637.
List of Commissions issued for the year 2001, pursuant to the Public Officers Act, R.S.C. 1985, c. P-31, s. 4.—Sessional Paper No. 1/37-638.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Corbin:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:25 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 names of the Honourable Senators Bryden, Fraser and Jaffer substituted for those of the Honourable Senators Biron and Jaffer and Fraser (February 7).
Standing Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Stratton (February 8).
Standing Committee on Internal Economy, Budgets and Administration
The names of the Honourable Senators Atkins and Forrestall substituted for those of the Honourable Senators Stratton and Di Nino (February 8).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Jaffer added to the membership (February 11).
The name of the Honourable Senator Atkins substituted for that of the Honourable Senator Spivak (February 11).
The name of the Honourable Senator Spivak substituted for that of the Honourable Senator Atkins (February 18).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Bryden substituted for that of the Honourable Senator Poulin (February 13).
Standing Joint Committee on Official Languages
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Rivest (February 18).
The name of the Honourable Senator Rivest substituted for that of the Honourable Senator Nolin (February 19).