Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 104
Tuesday, April 16, 2002
2:00 p.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Gauthier, Gill, Graham, Gustafson, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Rompkey, Setlakwe, Sibbeston, Sparrow, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Gauthier, Gill, Graham, Gustafson, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Rompkey, Setlakwe, Sibbeston, Sparrow, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Losier-Cool, Speaker pro tempore, took the Chair, pursuant to Rule 11.
PRAYERS
INTRODUCTION OF SENATORS
The Honourable Speaker pro tempore informed the Senate that the Clerk of the Senate had received certificates from the Registrar General of Canada showing that:—
The Honourable George S. Baker, P.C., and
Raymond Lavigne,
respectively, had been summoned to the Senate.
The Honourable Speaker pro tempore informed the Senate that there were Senators without waiting to be introduced.
The Honourable Senator Baker, P.C., was introduced between the Honourable Senator Carstairs, P.C., and the Honourable Senator Rompkey, P.C., and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:—
CANADA
Ian Binnie
(G.S.)
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
The Honourable
GEORGE S. BAKER
A Member of Our Privy Council for Canada
Of Gander, in the Province of Newfoundland and Labrador,
GREETING:
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
The Honourable William Ian Corneil Binnie, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Adrienne Clarkson, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in- Chief of Canada.
AT OTTAWA, this twenty-sixth day of March, in the year of Our Lord two thousand and two and in the fifty-first year of Our Reign.
BY COMMAND,
ALLAN ROCK
Registrar General of Canada
The Honourable Senator Baker, P.C., came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.
The Honourable Senator Lavigne was introduced between the Honourable Senator Carstairs, P.C., and the Honourable Senator Hervieux-Payette, P.C., and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:—
CANADA
Ian Binnie
(G.S.)
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved
RAYMOND LAVIGNE
Of Verdun, in the Province of Quebec,
GREETING:
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada and We do appoint you for the Division of Montarville in Our Province of Quebec.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
The Honourable William Ian Corneil Binnie, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Adrienne Clarkson, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in- Chief of Canada.
AT OTTAWA, this twenty-sixth day of March in the year of Our Lord two thousand and two and in the fifty-first year of Our Reign.
BY COMMAND,
ALLAN ROCK
Registrar General of Canada
The Honourable Senator Lavigne came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.
The Honourable Speaker pro tempore informed the Senate that the Honourable Senators introduced today had made and subscribed the Declaration of Property Qualification required of them by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Speaker pro tempore, tabled the following:
Report of the Canadian Human Rights Tribunal for the year 2001 pursuant to the Canadian Human Rights Act, S. C. 1998, c. 9, sbs. 61(4).—Sessional Paper No. 1/37-716.
The Honourable Senator Robichaud, P.C., tabled the following:
Report of the Yukon Land Claim Agreements for the fiscal year ended March 31, 2000.—Sessional Paper No. 1/37- 717.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons in the following words:
Monday, April 8, 2002
RESOLVED,—That an humble Address be presented to Her Majesty the Queen in the following words:
TO THE QUEEN'S MOST EXCELLENT MAJESTY:
MOST GRACIOUS SOVEREIGN:
We, Your Majesty's dutiful and loyal subjects, the Commons of Canada, in Parliament assembled, approach Your Majesty with the expression of our deep and heartfelt sorrow at the demise of Her Majesty Queen Elizabeth, the Queen Mother.
We mourn the loss of Her Majesty whose kindness, graciousness and influence for good over so many years won the love, respect and admiration of us all, and there has come to each of us a sense of personal bereavement which, we say with all possible respect and duty, makes Your Majesty's sorrow our own.
We pray that the God of consolation may comfort Your Majesty and the members of the Royal Family in your bereavement, and that Your Majesty may long be spared to continue the eminent public services of your great predecessors.
ORDERED,—That the said Address be engrossed; and
That a Message be sent to the Senate informing their Honours that this House has passed the said Address and requesting their Honours to unite with this House therein.
ATTEST:
William C. Corbett
The Clerk of the House of Commons
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Lynch-Staunton:
That an humble Address be presented to Her Majesty the Queen in the following words:
TO THE QUEEN'S MOST EXCELLENT MAJESTY:
MOST GRACIOUS SOVEREIGN:
We, the Senate of Canada, in Parliament assembled, beg leave to express our deep and heartfelt sympathy in the great sorrow which Your Majesty has suffered by the loss of Her Majesty Queen Elizabeth The Queen Mother, and to offer to Your Majesty our most sincere condolences.
The affection in which the people of Canada held Her Majesty was inspired by Her Majesty's selfless devotion to public service to the Commonwealth and to Canada in particular. Her Majesty's attachment to Canada was manifested in Her service as Colonel-in-Chief of three Canadian regiments, Her patronage of a variety of Canadian charities and other organizations, and Her many visits to Canada beginning in 1939, when she accompanied His Majesty King George VI.
We assure Your Majesty that Canadians will ever hold in affectionate and grateful remembrance the love which Queen Elizabeth inspired in all peoples of this land. Our prayers for Queen Elizabeth, and for the Royal Family, are joined with those of all Canadians.
That the said Address be engrossed;
That the Honourable the Speaker of the Senate do sign the said Address to Her Most Excellent Majesty the Queen on behalf of the Senate, and that the said Address be presented to Her Excellency the Governor General by the Honourable the Speaker of the Senate; and
That a message be sent to the House of Commons to acquaint that House that the Senate has united with that House by adopting the said Address.
After debate,
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-43, An Act to amend certain Acts and instruments and to repeal the Fisheries Prices Support Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Day moved, seconded by the Honourable Senator Taylor, 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 Oliver tabled the following:
Report of the Canadian Delegation of the Canada-United Kingdom Inter-Parliamentary Association respecting its parliamentary visit to London, Edinburgh and Cardiff, United Kingdom, from February 10 to 16, 2002.—Sessional Paper No. 1/37-718.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No.1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Cook, for the third reading of Bill S-18, An Act to Amend the Food and Drugs Act (clean drinking water).
After debate,
The Honourable Senator Robichaud, P.C. for the Honourable Senator Morin moved, seconded by the Honourable Senator Milne, 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 6 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Kinsella, seconded by the Honourable Senator Bolduc, for the second reading of Bill S-36, An Act respecting Canadian citizenship.
After debate,
In amendment, the Honourable Senator Cook moved, seconded by the Honourable Senator Kinsella, that the Bill, be not now read the second time but that the subject-matter thereof be referred to the Standing Senate Committee on Social Affairs, Science and Technology; and
That the Order to resume debate on the motion for the second reading of the bill remain on the Order Paper.
The question being put on the motion in amendment, it was adopted.
Order No. 8 was called and postponed until the next sitting.
Order No. 9 was called and pursuant to Rule 27(3) was dropped from the Order Paper.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Consideration of the Twelfth Report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendments to the Rules—official third party recognition), presented in the Senate on March 26, 2002.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that the Report be adopted.
After debate,
The Honourable Senator Stratton for the Honourable Senator St. Germain, P.C., 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.
Orders No. 4 and 5 were called and postponed until the next sitting.
Resuming debate on the 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 Lapointe moved, seconded by the Honourable Senator Gill, 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. 7 to 9 were called and postponed until the next sitting.
Other
Orders No. 44 (inquiry), 106 (motion), 40 (inquiry), 103, 122 and 119 (motions) were called and postponed until the next sitting.
Resuming debate on the motion, as amended, of the Honourable Senator Cordy, seconded by the Honourable Senator Milne,
That the Standing Senate Committee on National Security and Defence be authorized to examine and report on the need for a national security policy for Canada. In particular, the Committee shall be authorized to examine:
(a) the capability of the Department of National Defence to defend and protect the interests, people and territory of Canada and its ability to respond to or prevent a national emergency or attack;
(b) the working relationships between the various agencies involved in intelligence gathering, and how they collect, coordinate, analyze and disseminate information and how these functions might be enhanced;
(c) the mechanisms to review the performance and activities of the various agencies involved in intelligence gathering; and
(d) the security of our borders.
That the Committee report to the Senate no later than October 30, 2003, and that the Committee retain all powers necessary to publicize the findings of the Committee until November 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 question being put on the motion, it was adopted.
Orders No. 43, 11, 42 and 16 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Gauthier calling the attention of the Senate to the important role of culture in Canada and the image that we project abroad.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Lapointe, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 73 (motion), 26 (inquiry), 44 (motion), 35 (inquiry) and 41 (motion) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator De Bané, P.C., calling the attention of the Senate to certain lessons to be drawn from the tragedy that occurred on September 11, 2001.
Debate concluded.
INQUIRIES
The Honourable Senator Taylor called the attention of the Senate to the necessity of Canada ratifying the Kyoto Protocol, which was signed on December 10, 1997.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Wiebe, that further debate on the inquiry 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):
Report of the Export Development Corporation, together with the Auditor General's report, for the year ended December 31, 2001, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/37-702.
Summary of the Corporate Plan for 2002-06 and the Operating and Capital Budgets for 2002 of the Export Development Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-703.
Report of the Clerk of the Privacy Council and Secretary to Cabinet to the Prime Minister on the Public Service of Canada, pursuant to the Public Service Employment Act, R.S.C. 1985, c. P-33, sbs. 47(2).—Sessional Paper No. 1/37- 704.
Summary of the Chemical Weapons Convention (CWC) entered into force on April 29, 2997, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. E-19, sbs. 5(2). —Sessional Paper No. 1/37-705.
Report on the Actuarial Examination of the Royal Canadian Mounted Police (Dependants) Pension Fund as at March 31, 2001, pursuant to the Royal Canadian Mounted Police Pension Continuation Act, R.S.C. 1970, c. R-10, sbs. 56(3).—Sessional Paper No. 1/37-706.
Report of the Export Development Corporation for the year ended December 31, 2001, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 1/37-707.
Summaries of the Corporate Plan for 2001-02 to 2005-06 and the amended Operating Budget for 2002-02 of the Canada Lands Company Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-708.
Report on the operation of the Special Economic Measures (Federal Republic of Yugoslavia) Regulations and the Special Economic Measures (Federal Republic of Yugoslavia) Permit Authorization Order (P.C. 2002-366), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(9).—Sessional Paper No. 1/37-709.
Copy of Regulations amending the United Nations Suppression of Terrorism Regulations (SOR/2002-116), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 1/37-710.
Report of Marine Atlantic Inc., together with the Auditor General's report, for the year 2001, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/37-711.
Summaries of the Corporation Plan for 2002-06 and the Operating and Capital Budgets for 2002 of the Atlantic Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-712.
Summaries of the Corporation Plan for 2002-06 and the Operating and Capital Budgets for 2002 of the Great Lakes Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-713.
Summaries of the Corporation Plan for 2002-06 and the Operating and Capital Budgets for 2002 of the Laurentian Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-714.
Summaries of the Corporation Plan for 2002-06 and the Operating and Capital Budgets for 2002 of the Pacific Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-715.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Baker, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:05 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
__________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator Pearson substituted for that of the Honourable Senator Bryden (March 25).
The names of the Honourable Senators Nolin and Beaudoin substituted for those of the Honourable Senators Tkachuk and Stratton (April 10).
The name of the Honourable Senator Bryden substituted for that of the Honourable Senator Pearson (April 12).
The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Beaudoin (April 15).
Standing Senate Committee on Fisheries
The name of the Honourable Senator Adams substituted for that of the Honourable Senator Hubley (March 27).
Standing Committee on Rules, Procedures and the Rights of Parliament
The names of the Honourable Senators Grafstein and Kroft substituted for those of the Honourable Senators Milne and Cordy (March 27).
The names of the Honourable Senators Rompkey and Robichaud substituted for those of the Honourable Senators Bryden and Grafstein (April 15).
Standing Senate Committee on National Finance
The names of the Honourable Senators Bolduc and Stratton substituted for those of the Honourable Senators Beaudoin and Johnson (April 15).
Standing Senate Committee on Foreign Affairs
The name of the Honourable Senator Angus substituted for that of the Honourable Senator Carney (April 15).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Robertson (April 16).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Christensen substituted for that of the Honourable Senator Fairbairn (April 16).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Banks (April 16).
Standing Joint Committee on Official Languages
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Maheu (April 16).