51 Elizabeth II, A.D. 2002, Canada

Journals of the Senate

1st Session, 37th Parliament

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Issue 108

Wednesday, April 24, 2002
1:30 p.m.

The Honourable Daniel Hays, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kelleher, Kenny, Kinsella, Kirby, Kolber, Kroft, LaPierre, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Stratton, Taylor, Tkachuk, Tunney, Watt

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kelleher, Kenny, Kinsella, Kirby, Kolber, Kroft, LaPierre, *LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, *Robertson, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, *Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Grafstein tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the first Winter Session of the Parliamentary Assembly of the Organization on Security and Cooperation in Europe, held in Vienna, Austria, on February 21 and 22, 2002.—Sessional Paper No. 1/37-733.

Notices of Motions

With leave of the Senate,

The Honourable Senator Kolber moved, seconded by the Honourable Senator Maheu:

That the Standing Senate Committee on Banking, Trade and Commerce have power to sit at 3:30 p.m. today, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

The question being put on the motion, it was adopted.

With leave of the Senate,

The Honourable Senator Milne moved, seconded by the Honourable Senator Chalifoux:

That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit at 4:30 p.m. today, even though the Senate may then be sitting, for the purpose of receiving evidence from the Minister of Justice and Attorney General of Canada and his Officials, during its consideration of Bill S-41, An Act to re-enact legislative instruments enacted in only one official language, and that Rule 95(4) be suspended in relation thereto.

The question being put on the motion, it was adopted.

MESSAGES FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons to return Bill S-22, An Act to provide for the recognition of the Canadien Horse as the national horse of Canada,

And to acquaint the Senate that the Commons have passed this Bill, without amendment.

A Message was brought from the House of Commons in the following words:

Tuesday, April 23, 2002

ORDERED,—That the amendments numbered 1(b) and 2 made by the Senate to Bill C-15A, An Act to amend the Criminal Code and to amend other Acts, be now read a second time and concurred in; and

That a Message be sent to the Senate to acquaint Their Honours that this House disagrees with the amendment numbered 1(a) made by the Senate to Bill C-15A, An Act to amend the Criminal Code and to amend other Acts, because the amendment could exempt offenders from criminal liability even in cases where they knowingly transmit or make available child pornography.

ATTEST:

William C. Corbett

The Clerk of the House of Commons

The Honourable Senator Robichaud, P.C. moved, seconded by the Honourable Senator Rompkey, P.C., that the Message be placed on the Orders of the Day for consideration at the next sitting.

The question being put on the motion, it was adopted

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Motions

The Honourable Senator Robichaud, P.C. moved, seconded by the Honourable Senator Rompkey, P.C.:

That, pursuant to Rule 39, not more than a further six hours of debate be allocated for the consideration of third reading of Bill C-35, An Act to amend the Foreign Missions and International Organizations Act;

That when the debate comes to an end or when the time provided for the consideration of the said motion has expired, the Speaker shall interrupt, if required, any proceedings then before the Senate and put forthwith and successively every question necessary to dispose of the said motion; and

That any recorded vote or votes on the said question shall be taken in accordance with Rule 39(4).

After debate,

The question being put on the motion, it was adopted on the following division:

YEAS

The Honourable Senators

Adams, Austin, Bacon, Baker, Banks, Biron, Carstairs, Chalifoux, Christensen, Cook, Cools, De Bané, Fairbairn, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Graham, Hervieux-Payette, Hubley, Joyal, Kenny, Kirby, Kolber, Kroft, LaPierre, Losier-Cool, Maheu, Mahovlich, Milne, Morin, Pearson, Pépin, Poulin, Robichaud, Rompkey, Setlakwe, Sibbeston, Taylor, Tunney—41

NAYS

The Honourable Senators

Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Cochrane, Comeau, Di Nino, Eyton, Gustafson, Johnson, Kelleher, Kinsella, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Prud'homme, Rivest, Roche, Stratton, Tkachuk—23

ABSTENTIONS

The Honourable Senators

Nil

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With leave of the Senate,

The Honourable Senator Kirby moved, seconded by the Honourable Senator Pépin:

That the Standing Senate Committee on Social Affairs, Science and Technology have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.

The question being put on the motion, it was adopted.

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,

With leave of the Senate and notwithstanding Rule 39(7),

In amendment, the Honourable Senator Di Nino moved, seconded by the Honourable Senator Atkins, that the Bill be not now read a third time but that it be amended on page 7, by adding after line 13, the following:

"10.2 (1) If the Royal Canadian Mounted Police intends to carry out responsibilities under section 10.1 in relation to an intergovernmental conference, it shall notify the Royal Canadian Mounted Police Public Complaints Commission of its intention, and the Commission shall monitor the activities performed by the Royal Canadian Mounted Police in carrying out its responsibilities.

(2) After each conference in relation to which the Royal Canadian Mounted Police Public Complaints Commission has monitored activities under subsection (1), the Commission shall submit to the Solicitor General of Canada a report on the activities performed by the Royal Canadian Mounted Police, and the Solicitor General shall cause the report to be laid before both Houses of Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.''.

Debate.

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With leave of the Senate,

The Honourable Senator Meighen moved, seconded by the Honourable Senator Di Nino:

That the Subcommittee on Veterans Affairs have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.

The question being put on the motion, it was adopted.

Bills

The Senate resumed 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;

And on the motion in amendment of the Honourable Senator Di Nino.

After debate,

With leave of the Senate,

In amendment, the Honourable Senator Bolduc moved, seconded by the Honourable Senator Andreychuk, that the Bill be not now read a third time but that it be amended

(a) in clause 5, on page 6, by replacing lines 35 and 36 with the following:

"Canadian Mounted Police may take any measures defined by the Governor in Council as appropriate in the circumstances, including controlling, limiting''; and

(b) in clause 8, on page 8, by adding, after line 35, the following:

"13.1 The Governor in Council may make regulations to define, for the purposes of subsection 10.1(2), measures that are appropriate in specified circumstances.''

After debate,

With leave of the Senate,

In amendment, the Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella, that the Bill be not now read a third time but that it be amended in clause 5, on page 7, by adding, after line 13, the following:

"(5) No member of the staff of a minister of the Crown in right of Canada and no member of the public service of the Government of Canada who is not a member of the Royal Canadian Mounted Police shall advise or instruct any member of the Royal Canadian Mounted Police in the performance of his or her duties under this section.

(6) Any person who contravenes subsection (5) is guilty of an offence punishable on summary conviction and is liable to a fine of not less than fifteen thousand dollars.''.

After debate,

The questions were put on the motions in amendment of the Honourable Senators Lynch-Staunton, Bolduc and Di Nino, and on the motion of the Honourable Senator Graham, P.C.

With leave of the Senate, recorded divisions were deferred until 3:00 p.m. tomorrow.

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Ordered, That all remaining Orders be postponed until the next sitting.

ADJOURNMENT

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator De Bané, P.C.:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 6:20 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 Senate Committee on National Finance

The name of the Honourable Senator Ferretti Barth substituted for that of the Honourable Senator Fraser (April 24).

Standing Committee on Rules, Procedures and the Rights of Parliament

The name of the Honourable Senator Baker substituted for that of the Honourable Senator Rompkey (April 24).

Standing Committee on Internal Economy, Budgets and Administration

The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Forrestall (April 24).

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