Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 106
Thursday, April 18, 2002
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Beaudoin, Biron, Bolduc, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Kenny, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lapointe, Lawson, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Phalen, Poulin (Charette), Prud'homme, Rivest, Robichaud, Rompkey, Setlakwe, Sibbeston, Sparrow, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Beaudoin, Biron, Bolduc, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Kenny, *Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lapointe, Lawson, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Phalen, Poulin (Charette), Prud'homme, Rivest, *Robertson, Robichaud, Rompkey, Setlakwe, Sibbeston, Sparrow, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe
PRAYERS
The Senate observed a minute of silence and tributes were paid to the memory of the members of the Canadian Forces who died on April 17, 2002 while serving their country in Afghanistan.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Maheu, Chair of the Standing Joint Committee on Official Languages, tabled the Eighth Report of the Committee entitled: The Official Language Minority Communities Told Us...—Sessional Paper No. 1/37- 726S.
The Honourable Senator Maheu moved, seconded by the Honourable Senator Kolber, 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 Kirby, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, informed the Senate that, pursuant to an Order adopted by the Senate on March 1, 2001, he had deposited with the Clerk of the Senate earlier today, the Seventeenth Report (Interim) of the said Committee entitled: Volume Five: Principles and Recommendations for Reform — Part 1.—Sessional Paper No. 1/37-727S.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Fairbairn, P.C., 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.
DEFERRED DIVISION
At 2:30 p.m., pursuant to the Order adopted April 17, 2002, the Senate proceeded to the taking of the deferred recorded division on the motion of the Honourable Senator Stratton, to the motion of the Honourable Senator Graham, P.C., seconded by the Honourable Senator Pépin, for the third reading of Bill C-35, An Act to amend the Foreign Missions and International Organizations Act.
The question was put on the motion in amendment of the Honourable Senator Stratton, seconded by the Honourable Senator Atkins, that the Bill be not now read the third time but that it be amended,
(a) on page 8, by adding after line 35, the following:
"9. The Act is amended by adding the following after section 13:
ANNUAL REPORT
13.1 The Minister of Foreign Affairs shall, as soon as possible after the end of each fiscal year, cause a report to be prepared on the administration and enforcement of this Act for that year and shall cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.''; and
(b) on pages 8 and 9, by renumbering clauses 9 and 10 as clauses 10 and 11 and any cross-references thereto accordingly.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Bolduc, Cochrane, Comeau, Di Nino, Doody, Gustafson, Kinsella, Lynch-Staunton, Murray, Nolin, Oliver, Prud'homme, Rivest, Stratton, Tkachuk—17
NAYS
The Honourable Senators
Adams, Austin, Bacon, Baker, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Gauthier, Gill, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Kolber, Kroft, LaPierre, Lapointe, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Moore, Morin, Pearson, Phalen, Poulin, Robichaud, Rompkey, Setlakwe, Sibbeston, Sparrow, Stollery, Taylor, Tunney, Watt, Wiebe—52
ABSTENTIONS
The Honourable Senators
Nil
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Graham, P.C., seconded by the Honourable Senator Pépin, for the third reading of Bill C-35, An Act to amend the Foreign Missions and International Organizations Act.
After debate,
In amendment, the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Stratton, that Bill C-35 be not now read a third time but that it be amended:
(a) in clause 3, on page 4, by adding after line 19, the following:
"(1.4) An order made under subsection (1) does not grant immunity in any civil or criminal proceeding respecting the commission of an act of terrorism, torture or genocide, an enforced disappearance, a summary execution, a war crime or a crime against humanity.''; and
(b) in clause 5, on page 6,
(i) by adding, after line 39, the following:
"(3) Where the Royal Canadian Mounted Police proposes to control, limit or prohibit access to an area under subsection (2), the Commissioner shall publicly announce a description of the delineated area before the later of
(a) 30 days after the dates of the intergovernmental conference are publicly announced; and
(b) 30 days before the first day of the intergovernmental conference.''; and
(ii) by renumbering subsections 10.1(3) and (4) as subsections 10.1(4) and (5) and any cross-references thereto accordingly.
After debate,
The question being put on the motion in amendment.
Pursuant to Rule 67(3), a recorded division was deferred until 5:30 p.m. on Tuesday next, April 23, 2002.
Second reading of Bill C-43, An Act to amend certain Acts and instruments and to repeal the Fisheries Prices Support Act.
The Honourable Senator Day moved, seconded by the Honourable Senator Baker, P.C., that the Bill be read the second time.
After debate,
The Honourable Senator Kinsella, for the Honourable Senator Beaudoin, moved, seconded by the Honourable Senator Cochrane, 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
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Poy, seconded by the Honourable Senator Banks, for the second reading of Bill S-39, An Act to amend the National Anthem Act to include all Canadians.
After debate,
The Honourable Senator Jaffer, moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 5 to 8 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the adoption of the Eleventh Report of the Standing Committee on Rules, Procedures and the Rights of Parliament, entitled: Modernizing the Senate Within: Updating the Senate Committee Structure, presented in the Senate on March 20, 2002.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Di Nino.
Orders No. 5 to 9 were called and postponed until the next sitting.
Other
Orders No. 29, 46, 44 (inquiries), 106 (motion), 40 (inquiry), 103, 122, 119 (motions), 43, 11, 42, 16 (inquiries), 73 (motion), 26 (inquiry), 44 (motion) and 35 (inquiry) were called and postponed until the next sitting.
Order No. 41 (motion) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
____________________________________________________
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 Milne:
That when the Senate adjourns today, it do stand adjourned until Tuesday next, April 23, 2002, at 2 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 Canadian International Trade Tribunal entitled "Request for Tariff Relief by Beco Industries Ltd., regarding certain nylon and polyester-cotton fabrics'', dated March 20, 2002, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54. —Sessional Paper No. 1/37-722.
Report of the Canadian Tourism Commission for the fiscal year ended December 31, 2001, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/37-723.
Reports of the Canadian Tourism Commission for the period April 1 to December 31, 2001, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/37-724.
Summary of the Corporate Plan for 2002-06 of the Canadian Tourism Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-725.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Taylor:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:38 p.m. the Senate was continued until Tuesday next, April 23, 2002, at 2:00 p.m.)
____________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Tunney substituted for that of the Honourable Senator Furey (April 17).