Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 103
Wednesday, March 27, 2002
9:00 a.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Atkins, Austin, Baker, Banks, Beaudoin, Bryden, Buchanan, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hubley, Johnson, Joyal, Kelleher, Keon, Kinsella, LaPierre, Lapointe, Lavigne, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Milne, Morin, Murray, Pearson, Pépin, Poulin (Charette), Poy, Rivest, Robichaud, Rompkey, Sparrow, Stollery, Taylor, Tkachuk, Tunney, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
*Adams, Andreychuk, Atkins, Austin, *Bacon, Baker, Banks, Beaudoin, Bryden, Buchanan, *Callbeck, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, *Forrestall, Fraser, Furey, Gauthier, Gill, Graham, *Gustafson, Hays, Hubley, Johnson, Joyal, Kelleher, *Kenny, Keon, Kinsella, *Kirby, LaPierre, Lapointe, Lavigne, Léger, Losier-Cool, Lynch-Staunton, *Maheu, Mahovlich, Milne, Morin, Murray, *Oliver, Pearson, Pépin, *Phalen, Poulin (Charette), Poy, Rivest, Robichaud, Rompkey, Sparrow, Stollery, Taylor, Tkachuk, Tunney, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-52, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2003.
The Honourable Senator Cools moved, seconded by the Honourable Senator Watt, that the Bill be read the third time.
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.
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 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, without amendment.
Resuming debate on the motion of the Honourable Senator Bryden, seconded by the Honourable Senator Sibbeston, for the third reading of 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.
Debate.
DEFERRED DIVISION
At 10:00 a.m., pursuant to the Order adopted March 26, 2002, the Senate proceeded to the taking of the deferred recorded division on the motion in amendment of the Honourable Senator Kinsella to the motion of the Honourable Senator Cools, seconded by the Honourable Senator Léger, for the third reading of Bill C-49, An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001.
The question was put on the motion in amendment of the Honourable Senator Kinsella, seconded by the Honourable Senator Lynch-Staunton, that the Bill be not now read a third time but that it be amended in clause 5, on page 14, by replacing lines 39 to 43 with the following:
"(ii) an individual under twelve years of age or sixty-five years of age or older,''.
The motion in amendment was negatived on the following division:
YEAS—POUR
The Honourable Senators—Les honorables sénateurs
Andreychuk, Atkins, Beaudoin, Buchanan, Comeau, Di Nino, Doody, Eyton, Johnson, Kelleher, Keon, Kinsella, Lynch-Staunton, Murray, Rivest, Taylor, Tkachuk—17
NAYS
The Honourable Senators
Austin, Banks, Bryden, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Fitzpatrick, Fraser, Furey, Gill , Graham, Hubley, Joyal, LaPierre, Lapointe, Léger, Losier-Cool, Mahovlich, Milne, Morin, Pearson, Pépin, Poulin, Poy, Robichaud, Rompkey, Stollery, Tunney, Watt, Wiebe—37
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Bryden, seconded by the Honourable Senator Sibbeston, for the third reading of 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.
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, without amendment.
The Senate resumed debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Léger, for the third reading of Bill C-49, An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001.
After debate,
In amendment, the Honourable Senator Comeau moved, seconded by the Honourable Senator Beaudoin, that the Bill be not now read a third time but that it be amended in clause 2, on page 6, by replacing lines 5 to 9 with the following:
"ment as directors, two must be nominees submitted by the representatives of aerodrome operators designated under that section whom the Minister considers suitable for appointment as directors, and two must be nominees submitted by the bargaining agent that represents the greatest number of screening officers employed at aerodromes in Canada whom the Minister considers suitable for appointment as directors.''.
The question being put on the motion in amendment, it was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Buchanan, Comeau, DiNino, Doody, Johnson, Kelleher, Keon, Kinsella, Lynch- Staunton, Murray, Rivest, Tkachuk—15
NAYS
The Honourable Senator—Les honorables sénateurs
Banks, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Furey, Gill, Graham, Hubley, Joyal, LaPierre, Lapointe, Léger, Mahovlich, Milne, Morin, Pearson, Pépin, Poulin, Poy, Robichaud, Rompkey, Sparrow, Stollery, Taylor, Tunney, Wiebe—36
ABSTENTIONS
The Honourable Senator
Watt—1
The question then being put on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Léger, for the third reading of Bill C-49, An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001, it was adopted on division.
The Bill 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, without amendment.
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
March 27, 2002
Mr. Speaker:
I have the honour to inform you that the Honourable Ian Binnie, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 27th day of March, 2002, at 11:30 a.m. for the purpose of giving Royal Assent to certain Bills.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Bills
Order No. 4 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 7 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Bolduc for the second reading of Bill S-37, An Act respecting a National Acadian Day.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Beaudoin, that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Order No. 9 was called and postponed until the next sitting
Reports of Committees
Resuming debate on the motion of the Honourable Senator Stollery, seconded by the Honourable Senator Morin, for the adoption of the Twelfth Report of the Standing Senate Committee on Foreign Affairs (budget—study concerning Russia and Ukraine), presented in the Senate on March 25, 2002.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 to 9 were called and postponed until the next sitting.
Other
Orders No. 44 (inquiry), 106 (motion), 40 (inquiry), 103, 122, 119, 120 (motions), 43, 11, 42, 16, 29 (inquiries), 73 (motion), 26 (inquiry), 44 (motion), 35 (inquiry), 41 (motion) and 37 (inquiry), were called and postponed until the next sitting.
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 William Ian Corneil Binnie, 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 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 titles of the Bills to be assented to as follows:
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 (Bill C- 39, Chapter 7, 2002)
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 (Bill C-30, Chapter 8, 2002)
An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001 (Bill C-49, Chapter 9, 2002).
To these Bills 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 these Bills.''
11:44 a.m.
The Acting Speaker of the House of Commons addressed the Honourable the Deputy of Her Excellency the Governor General as follows:
"May it Please Your Honour:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Honour the following Bills:
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 (Bill C-51, Chapter 5, 2002)
An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2003 (Bill C-52, Chapter 6, 2002).
To which Bills I humbly request Your Honour's Assent.''
After one of the Clerks at the Table read the titles of the Bills—
To these Bills 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 thanks her loyal subjects, accepts their benevolence and assents to these Bills.''
11:46 a.m.
The Commons withdrew.
After which the Honourable the Deputy of Her Excellency the Governor General was pleased to retire.
_________________________________________________________
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 Rompkey, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, April 16, 2002, at 2:00 p.m.
The question being put on the motion, it was adopted.
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 11:50 a.m. the Senate was continued until Tuesday, April 16, 2002 at 2:00 p.m.)