Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 100
Thursday, March 21, 2002
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Forrestall, Furey, Gauthier, Grafstein, Graham, Gustafson, Hays, Hubley, Johnson, Joyal, Kelleher, Keon, Kinsella, Kroft, LaPierre, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Milne, Moore, Morin, Murray, Nolin, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Rivest, Robertson, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Stollery, Taylor, Tkachuk, Tunney, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Comeau, Cook, Cools, Corbin, Cordy, *Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Forrestall, *Fraser, Furey, Gauthier, Grafstein, Graham, Gustafson, Hays, Hubley, *Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kroft, LaPierre, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Milne, Moore, Morin, Murray, Nolin, *Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, *Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Stollery, Taylor, Tkachuk, Tunney, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Report of the Canadian Human Rights Commission for the year 2001, pursuant to the Canadian Human Rights Act, S. C. 1998, c. 9, sbs. 61(4).—Sessional Paper No. 1/37-687.
Report of the Canadian Human Rights Commission on Employment Equity 2001, pursuant to the Employment Equity Act, S. C. 1995, c. 44, s. 32.—Sessional Paper No. 1/37-688.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Murray, P.C., Chair of the Standing Senate Committee on National Finance tabled its Fourteenth Report entitled: The Effectiveness of and Possible Improvements to the Present Equalization Policy.—Sessional Paper No. 1/37-689S.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Doody, 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 Milne, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Fifteenth Report (Bill C-30, An Act to establish a body that provides administrative services to the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, to amend the Federal Court Act, the Tax Court of Canada Act and the Judges Act, and to make related and consequential amendments to other Acts) without amendment.
The Honourable Senator Bryden moved, seconded by the Honourable Senator Pearson, 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.
The Honourable Senator Taylor presented the following:
THURSDAY, March 21, 2002
The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its
ELEVENTH REPORT
Your Committee, to which was referred Bill C-33, An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts, has, in obedience to the Order of Reference of Tuesday, November 27, 2001, examined the said Bill and now reports the same with the following amendment:
1. Page 4, clause 3 : Delete lines 1 to 7.
Your Committee also made certain observations, which are appended to this report.
Respectfully submitted,
NICHOLAS W. TAYLOR
Chair
OBSERVATIONS TO THE REPORT
Your Committee views with concern the Governor-in-Council's regulatory authority over the prescribing of fees for the right to use waters on Inuit-owned land.
The Honourable Senator Taylor moved, seconded by the Honourable Senator Morin, 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 Kroft presented the following:
THURSDAY, March 21, 2002
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
TWELFTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2002-2003.
Aboriginal Peoples (Legislation)
Professional and Other Services $ 9,200 Transport and Communications $ 5,500 Other Expenditures $ 500 Total $ 15,200 Banking, Trade and Commerce (Legislation)
Professional and Other Services $ 18,000 Transport and Communications $ 7,500 Other Expenditures $ 6,500 Total $ 32,000 Energy, the Environment, and Natural Resources (Legislation)
Professional and Other Services $ 24,500 Transport and Communications $ 500 Other Expenditures $ 1,000 Total $ 26,000 Human Rights (Legislation)
Professional and Other Services $ 2,000 Transport and Communications $ 0 Other Expenditures $ 500 Total $ 2,500 Legal and Constitutional Affairs (Legislation)
Professional and Other Services $ 12,600 Transport and Communications $ 3,260 Other Expenditures $ 1,000 Total $ 16,870 National Finance (Legislation)
Professional and Other Services $ 10,500 Transport and Communications $ 4,500 Other Expenditures $ 0 Total $ 15,000 Rules, Procedures and the Rights of Parliament
Professional and Other Services $ 11,840 Transport and Communications $ 13,000 Other Expenditures $ 160 Total $ 25,000 Scrutiny of Regulations (Joint)
Professional and Other Services $ 73,200 Transport and Communications $ 2,100 Other Expenditures $ 3,450 Total $ 78,750 Transport and Communications (Legislation)
Professional and Other Services $ 33,500 Transport and Communications $ 6,200 Other Expenditures $ 700 Total $ 40,400
Respectfully submitted,
RICHARD H. KROFT
Chair
The Honourable Senator Kroft moved, seconded by the Honourable Senator Moore, 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 Kroft presented the following:
THURSDAY, March 21, 2002
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
THIRTEENTH REPORT
Your Committee recommends a 3.2% economic increase to unrepresented employees of the Senate Administration effective April 1, 2002.
Respectfully submitted,
RICHARD H. KROFT
Chair
The Honourable Senator Kroft moved, seconded by the Honourable Senator Losier-Cool, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Maheu tabled the following:
Twelfth Report of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meeting of the Defence and Security Committee, the Economic and Security Committee and the Political Committee of the NATO Parliamentary Assembly, held in Brussels, Belgium and Paris, France, from February 17 to 20, 2002.—Sessional Paper No. 1/37-690.
The Honourable Senator Milne tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the meetings of the Committee on Economic Affairs and Development, held in London, England from January 17 to 18, 2002 and the First Part of the 2002 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from January 21 to 25, 2002.—Sessional Paper No. 1/37-691.
Notices of Motions
With leave of the Senate,
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Doody:
That the Standing Senate Committee on National Finance have power to sit while the Senate is sitting on Monday, March 25, 2002, 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
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 Kinsella 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.
Order No. 2 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the Thirteenth Report (interim) of the Standing Senate Committee on National Finance (2002- 2003 Estimates), presented in the Senate on March 19, 2002.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Keon, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 10 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 7 were called and postponed until the next sitting.
Pursuant to Rule 135(8) the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of Her Excellency the Governor General.
After awhile, Her Excellency the Governor General, having come and being seated at the foot of the Throne—
The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that—
"It is the pleasure of Her Excellency the Governor General that they attend her immediately in the Senate Chamber.''
The House of Commons being come,
One of the Clerks at the Table then read the titles of the Bills to be assented to as follows:
An Act respecting Sir John A. Macdonald Day and Sir Wilfrid Laurier Day (Bill S-14, Chapter 2, 2002)
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 (Bill C-37, Chapter 3, 2002)
An Act to amend the Canadian Commercial Corporation Act (Bill C-41, Chapter 4, 2002).
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:—
"In Her Majesty's name, Her Excellency the Governor General doth assent to these Bills.''
3:16 p.m.
The Commons withdrew.
After which Her Excellency the Governor General was pleased to retire.
Other
Orders No. 103, 122, 123, 119, 120 (motions), 43, 11, 42, 16, 29 (inquiries), 73 (motion), 26 (inquiry), 44 (motion), 35 (inquiry), 41 (motion), 37 (inquiry), 3 (motion) and 38 (inquiry) were called and postponed until the next sitting.
Order No. 36 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
INQUIRIES
The Honourable Senator Cordy called the attention of the Senate to to the status of palliative care in Canada.
After debate,
The Honourable Senator Morin moved, seconded by the Honourable Senator Léger, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C.:
That when the Senate adjourns today, it do stand adjourned until Monday next, March 25, 2002, at 4:00 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Governor of the Bank of Canada and Statement of Accounts for the year 2001, pursuant to the Bank of Canada Act, R.S.C. 1985, c. B-2, sbs. 30(3).—Sessional Paper No. 1/37-685.
Reports on Plans and Priorities, 2002-2003 Estimates:
Agriculture and Agri-Food Canada
Canadian Food Inspection Agency
Canadian Grain Commission
Canada Customs and Revenue Agency
Canadian Heritage
Canadian Radio-television and Tele-communications Commission
National Archives of Canada
National Battlefields Commission
National Film Board
National Library of Canada
Parks Canada
Public Service Commission of Canada
Status of Women Canada
Citizenship and Immigration Canada
Immigration and Refugee Board
Environment Canada
Canadian Environmental Assessment Agency
Department of Finance Canada
Office of the Auditor General of Canada
Canadian International Trade Tribunal
Financial Transactions and Reports Analysis Centre of Canada
Office of the Superintendent of Financial Institutions Canada
Fisheries and Oceans Canada
Department of Foreign Affairs and International Trade
Canadian International Development Agency
NAFTA Secretariat—Canadian Section
Northern Pipeline Agency Canada
Health Canada
Canadian Institutes of Health Research
Hazardous Materials Information Review Commission Canada
Patented Medicine Prices Review Board
Human Resources Development Canada
Canada Industrial Relations Board
Canadian Artists and Producers Professional Relations Tribunal
Canadian Centre for Occupational Health and Safety
Indian and Northern Affairs Canada and Canadian Polar Commission
Industry Canada
Atlantic Canada Opportunities Agency
Canadian Space Agency
Competition Tribunal
Copyright Board Canada
Canada Economic Development for Quebec Regions
National Research Council Canada
Natural Sciences and Engineering Research Council of Canada
Social Sciences and Humanities Research Council of Canada
Statistics Canada
Western Economic Diversification Canada
Department of Justice Canada
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Office of the Commissioner for Federal Judicial Affairs
Registry of the Federal Court of Canada
Offices of the Information and Privacy Commissioners
Law Commission of Canada
Supreme Court of Canada
Tax Court of Canada
National Defence
Canadian Forces Grievance Board
Military Police Complaints Commission
Natural Resources Canada
Canadian Nuclear Safety Commission
National Energy Board
Privy Council office
Canadian Centre for Management Development
Canadian Intergovernmental Conference Secretariat
Transportation Safety Board of Canada
Office of the Chief Electoral Officer
Officer of the Commissioner of Official Languages
Office of Indian Residential Schools Resolution of Canada
National Round Table on the Environment and the Economy
Public Service Staff Relations Board
Security Intelligence Review Committee
Public Works and Government Services Canada
Communication Office
Solicitor General Canada
Commission for Public Complaints Against the Royal Canadian Mounted Police
Correctional Service Canada
National Parole Board
Office of the Correctional Investigator Canada
Royal Canadian Mounted Police
RCNP—External Review Committee
Transport Canada
Canadian Transportation Agency
Civil Aviation Tribunal of Canada
Treasury Board of Canada, Secretariat
Veterans Affairs Canada.—Sessional Paper No. 1/37-686.
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 3:33 p.m. the Senate was continued until Monday next, March 25, 2002, at 4 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Finance
The name of the Honourable Senator Comeau substituted for that of the Honourable Senator Stratton (November 5, 2001).
The names of the Honourable Senators Cook, Mahovlich and Moore substituted for those of the Honourable Senators Rompkey, Wiebe and Furey (March 20).
The names of the Honourable Senators Rompkey and Furey substituted for those of the Honourable Senators Banks and Moore (March 21).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Tkachuk added to the membership (March 20).
The names of the Honourable Senators Sibbeston, Setlakwe, LaPierre and Fairbairn substituted for those of the Honourable Senators Chalifoux, Day, Wiebe and Phalen (March 20).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Stollery substituted for that of the Honourable Senator Kenny (March 20).
The name of the Honourable Senator Moore substituted for that of the Honourable Senator Finnerty (March 21).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Di Nino substituted for that of the Honourable Senator Atkins (March 20).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Fairbairn and Christensen substituted for those of the Honourable Senators Taylor and Cools (March 21).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Hubley, Maheu and Mahovlich substituted for those of the Honourable Senators Fitzpatrick, Hervieux-Payette and Kolber (March 21).
Standing Joint Committee on the Library of Parliament
The name of the Honourable Senator Bryden removed from the membership (March 21).