Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 98
Tuesday, March 19, 2002
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cools, Corbin, Cordy, Di Nino, Doody, Duhamel, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hubley, Johnson, Joyal, Kelleher, Keon, Kinsella, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Milne, Moore, Morin, Murray, Nolin, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Robertson, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Sparrow, St. Germain, Stollery, Taylor, Tkachuk, Tunney, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cools, Corbin, Cordy, *Day, Di Nino, Doody, Duhamel, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, *Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hubley, *Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Milne, Moore, Morin, Murray, Nolin, *Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, *Prud'homme, Robertson, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Sparrow, St. Germain, Stollery, Taylor, Tkachuk, Tunney, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Murray, P.C., Chair of the Standing Senate Committee on National Finance, presented its Thirteenth Report (interim) (2002-2003 Estimates).
(The Report is printed as an Appendix)
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Robertson, 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-49, An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001, to which they desire the concurrence of the Senate.
The Bill was read the first time.
With leave of the Senate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Milne, that the Bill be placed on the Orders of the Day for a second reading later this day.
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 Carstairs, P.C., seconded by the Honourable Senator Rompkey, P.C., for the third reading of Bill S-34, An Act respecting royal assent to bills passed by the Houses of Parliament.
And on the motion in amendment of the Honourable Senator Grafstein, seconded by the Honourable Senator Ferretti Barth that the Bill be not now read a third time but that it be amended in clause 3 by adding the following after subsection 2:
3(3) The signification of royal assent by written declaration may be witnessed by more than one member from each House of Parliament.
After debate,
The question being put on the motion in amendment, it was adopted.
The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Rompkey, P.C., for the third reading of Bill S-34, as amended.
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 to which they desire their concurrence.
Resuming debate on the motion of the Honourable Senator Pearson, seconded by the Honourable Senator Poy, for the third reading of Bill C-15A, An Act to amend the Criminal Code and to amend other Acts, as amended.
After debate,
The question being put on the motion, it was adopted, on division.
The Bill, as amended, was then read the third time and passed, on division.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, with certain amendments, to which they desire their concurrence.
Order No. 3 was called and postponed until the next sitting.
Third reading of Bill S-40, An Act to amend the Payment Clearing and Settlement Act.
The Honourable Senator Furey moved, seconded by the Honourable Senator Hubley, that the Bill be read the third time.
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 to which they desire their concurrence.
Resuming debate on the motion of the Honourable Senator Christensen, seconded by the Honourable Senator Léger, for the third 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 Honourable Senator Watt moved, seconded by the Honourable Senator Cools, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 6 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Corbin, for the second reading of Bill S-41, An Act to re-enact legislative instruments enacted in only one official language.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Rivest moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C.,
That television cameras be authorized in the Chamber to broadcast the Royal Assent ceremony scheduled for March 21, 2002, with the least possible disruption of its proceedings.
The question being put on the motion, it was adopted.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the Twelfth Report (final) of the Standing Senate Committee on National Finance (2001-2002 Estimates), presented in the Senate on March 14, 2002.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Robertson, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Bills
Second reading of Bill C-49, An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001.
The Honourable Senator Cools moved, seconded by the Honourable Senator Taylor, that the Bill be read the second time.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Beaudoin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
SPEAKER'S RULING
Last Thursday, March 14, Senator Cools claimed a breach of parliamentary privilege in connection with debate on Bill S-9, the definition of marriage bill. The incident that sparked the Senator's claim occurred the previous day, Wednesday, March 13, when there was an exchange between the Senator and Senator LaPierre following the speech of Senator Wilson on Bill S-9.
In making her case, Senator Cools raised the following points. First, the Senator maintained that the arguments of Senator LaPierre, when he spoke to Bill S-9 on March 6, were blasphemous and unparliamentary, and called into question the motives of Senator Cools in sponsoring the bill. More importantly, Senator Cools alleges that, through several exchanges that occurred between her and Senator LaPierre, some recorded in Debates, some not, Senator LaPierre showed disrespect to a Justice of the British Columbia Supreme Court. In the view of Senator Cools, these remarks constitute a breach of privilege that could be properly remedied through a motion of apology addressed to the particular Justice, were I to find that a prima facie question of privilege had been made.
In commenting on the case made by Senator Cools, Senator Murray noted that there was nothing on the public record that supported the contention of Senator Cools that Senator LaPierre had spoken disrespectfully of any judge. Senator Murray also suggested that in raising this question of privilege, Senator Cools seemed to be in a conflict with her own professed belief in the importance of protecting freedom of speech in the Senate.
Senator LaPierre then made some comments explaining his assessment of what had occurred last Wednesday. This was followed by brief interventions by Senator Lapointe and Senator Stratton.
Having reviewed the transcript of last Thursday, it is my ruling that there is no prima facie case of privilege. The complaint raised by Senator Cools, as I understand it, is more in the nature of a point of order than a question of privilege. In so far as it is founded, in part, on the remarks of Senator LaPierre from March 6, it is clearly out of date. With respect to any comments that might have been exchanged between these two Senators last Wednesday, these too might have been the object of a point of order at that time if they had been on the public record. Be that as it may, Senators should be mindful of the need to respect their colleagues' right to speak and should refrain from unnecessary interruptions.
The Rules of the Senate provide a mechanism for bringing a question of privilege to the attention of the Senate quickly. It is not a procedure to be invoked lightly. As rule 43(b) and (d) state any alleged breach must ``be a matter directly concerning the privileges of the Senate'' and it must ``be raised to correct a grave and serious breach''. Once proper notice is given, in writing and then orally under Senators' Statements, a Senator is allowed an opportunity to bring the alleged breach of privilege to the attention of the Senate after Orders of the Day. In this instance, nothing I heard met the usual tests as described in our Rules and the parliamentary authorities that would justify a claim to a breach of parliamentary privilege.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 10 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Consideration of the Fifth Report (Final) of the Standing Senate Committee on National Security and Defence entitled: Canadian Security and Military Preparedness, deposited with the Clerk of the Senate on February 28, 2002.
After debate,
The Honourable Senator Roche moved, seconded by the Honourable Senator Comeau, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 4 to 6 were called and postponed until the next sitting.
Other
Orders No. 119, 120 (motions), 43, 11, 42, 16, 29 (inquiries), 73 (motion), 26 (inquiry), 44 (motion), 35 (inquiry), 41 (motion), 37 (inquiry), 3 (motion), 38 and 36 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Gill:
That the Senate approve the radio and television broadcasting of its proceedings and those of its committees, on principles analogous to those regulating the publication of the official record of its deliberations; and
That a special committee, composed of five Senators, be appointed to oversee the implementation of this resolution.
After debate,
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Gill, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Graham, P.C., moved, seconded by the Honourable Senator Buchanan, P.C.:
That the Senate of Canada celebrates with all Canadians the 250th anniversary of Canada's first published newspaper, the Halifax Gazette, the publication of which on March 23, 1752 marked the beginning of the newspaper industry in Canada which contributes so much to Canada's strong and enduring democratic traditions.
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Bacon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Beaudoin:
That the Standing Senate Committee on Fisheries be authorized to examine and report upon the matters relating to oceans and fisheries;
That the papers and evidence received and taken on the subject during the First Session of the Thirty-seventh Parliament be referred to the Committee;
That the Committee submit its final report no later than June 30, 2003; and
That the Committee be permitted, notwithstanding usual practices, to deposit any 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 the Chamber.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Fairbairn, 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 DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Debt Management Strategy for the fiscal year ending March 31, 2003, pursuant to the Financial Administration Act, S.C. 1999, c. 26, s. 23.—Sessional Paper No. 1/37-666.
Report of the Department of Foreign Affairs and International Trade on the Annual Summary of Steel Import Permit Information for the year 2001, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. 13 (3rd Supp.), s. 1. —Sessional Paper No. 1/37-667.
Summary of the Corporate Plan for 2002-06 and of the Capital Budget for 2002 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/37-668.
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 6:22 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 for the Scrutiny of Regulations
The names of the Honourable Senators Hervieux-Payette and Jaffer substituted for those of the Honourable Senators Cook and Phalen (March 18).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Milne substituted for that of the Honourable Senator Bryden (March 18).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Hervieux-Payette and Setlakwe substituted for those of the Honourable Senators Jaffer and Mahovlich (March 18).
Standing Senate Committee on National Finance
The name of the Honourable Senator Wiebe substituted for that of the Honourable Senator Mahovlich (March 18).
The name of the Honourable Senator Rompkey substituted for that of the Honourable Senator Cook (March 19).