Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 109
Thursday, April 25, 2002
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Buchanan, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, 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, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, *Robertson, Robichaud, Rompkey, Setlakwe, Sibbeston, Sparrow, *Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon, Chair of the Standing Senate Committee on Transport and Communications, presented its Twelfth Report (budget 2002-2003)
(The Report is printed as Appendix "A'')
The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu, 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 Maheu, presented the following:
THURSDAY, April 25, 2002
The Standing Joint Committee on Official Languages has the honour to present its
NINTH REPORT
In accordance with the Order of Reference of Wednesday, March 6, 2002, the Committee has considered Vote 35 under PRIVY COUNCIL in the Main Estimates for the fiscal year ending March 31, 2003, and reports the same.
Respectfully submitted,
SHIRLEY MAHEU
Joint Chair
The Honourable Senator Maheu moved, seconded by the Honourable Senator Joyal, 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.
The Honourable Senator Maheu, Joint Chair of the Standing Joint Committee on Official Languages, tabled its Tenth Report (funding for the Office of the Commissioner of Official Languages). —Sessional Paper No. 1/37-734S.
The Honourable Senator Maheu moved, seconded by the Honourable Senator Fitzpatrick, 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 Maheu, Joint Chair of the Standing Joint Committee on Official Languages, tabled its Eleventh Report (awareness campaign concerning the Official Languages Act).—Sessional Paper No. 1/37-735S.
The Honourable Senator Maheu 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.
The Honourable Senator Kenny, Chair of the Standing Senate Committee on National Security and Defence, presented its Sixth Report (budget 2002-2003)
(The Report is printed as Appendix "B'')
The Honourable Senator Kenny moved, seconded by the Honourable Senator Banks, 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, April 25, 2002
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
FOURTEENTH REPORT
Your Committee recommends that an increase of 3.1 per cent to the salary ranges of the Senate Executive Group (SEG) be awarded effective April 1, 2001.
Respectfully submitted,
RICHARD H. KROFT
Chair
The Honourable Senator Kroft moved, seconded by the Honourable Senator Kenny, 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 Chalifoux, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its Seventh Report (budget 2002-2003).
(The Report is printed as Appendix "C'')
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Sibbeston, 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.
DELAYED ANSWERS
The Honourable Senator Robichaud, P.C., tabled the following:
Document concerning the Treasury Board—Reports by Departments evaluating equality and diversity agenda, being a response to a question raised in the Senate on November 21, 2001, by the Honourable Senator Oliver.—Sessional Paper No. 1/37-736S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Baker, P.C., for the second reading of Bill C-43, An Act to amend certain Acts and instruments and to repeal the Fisheries Prices Support Act.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Day moved, seconded by the Honourable Senator Phalen, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Consideration of the Message from the House of Commons concerning Bill C-15A, An Act to amend the Criminal Code and to amend other Acts.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That the Senate do not insist on its amendment numbered 1(a) to Bill C-15A, An Act to amend the Criminal Code and to amend other Acts, to which the House of Commons has disagreed; and
That a message be sent to the House of Commons to acquaint that House accordingly.
After debate,
The Honourable Senator Nolin moved, seconded by the Honourable Senator Tkachuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Notices of Motions.
With leave of the Senate,
The Honourable Senator Taylor moved, seconded by the Honourable Senator Chalifoux:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have power to sit at 5:30 p.m. on Tuesday April 30, 2002, for the purpose of hearing witnesses by videoconference on its study of Bill C-10, An Act respecting the national marine conservation areas of Canada, 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.
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).
Debate.
DEFERRED DIVISIONS
At 3:00 p.m., pursuant to Rule 66(3), the Senate proceeded to the taking of the deferred recorded division on the motions in amendment of the Honourable Senators Di Nino, Bolduc and Lynch-Staunton, 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 Lynch-Staunton, 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.''.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Cochrane, Comeau, Gustafson, Johnson, Keon, LeBreton, Lynch- Staunton, Meighen, Murray, Nolin, Oliver, Rivest, Stratton, Tkachuk—19
NAYS
The Honourable Senators
Adams, Austin, Bacon, Baker, Banks, Biron, Carstairs, Chalifoux, Christensen, Cook, Cools, Cordy, Day, De Bané, Fairbairn, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hervieux-Payette, Hubley, Joyal, Kenny, Kirby, Kolber, Kroft, LaPierre, Losier-Cool, Maheu, Mahovlich, Milne, Morin, Pearson, Pépin, Phalen, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Sparrow, Taylor, Tunney, Watt—48
ABSTENTIONS
The Honourable Senators
Nil
The question was put on the motion in amendment of the Honourable Senator Bolduc, 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.''
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Cochrane, Comeau, Gustafson, Johnson, Keon, LeBreton, Lynch- Staunton, Meighen, Murray, Nolin, Oliver, Rivest, Stratton, Tkachuk—19
NAYS
The Honourable Senators
Adams, Austin, Bacon, Baker, Banks, Biron, Carstairs, Chalifoux, Christensen, Cook, Cools, Cordy, Day, De Bané, Fairbairn, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hervieux-Payette, Hubley, Joyal, Kenny, Kirby, Kolber, Kroft, LaPierre, Losier-Cool, Maheu, Mahovlich, Milne, Morin, Pearson, Pépin, Phalen, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Sparrow, Taylor, Tunney, Watt—48
ABSTENTIONS
The Honourable Senators
Nil
The question was put on the motion in amendment of the Honourable Senator Di Nino, 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.''.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Cochrane, Comeau, Gustafson, Johnson, Keon, LeBreton, Lynch- Staunton, Meighen, Murray, Nolin, Oliver, Rivest, Stratton, Tkachuk—19
NAYS
The Honourable Senators
Adams, Austin, Bacon, Baker, Banks, Biron, Carstairs, Chalifoux, Christensen, Cook, Cools, Cordy, Day, De Bané, Fairbairn, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hervieux-Payette, Hubley, Joyal, Kenny, Kirby, Kolber, Kroft, LaPierre, Losier-Cool, Maheu, Mahovlich, Milne, Morin, Pearson, Pépin, Phalen, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Sparrow, Taylor, Tunney, Watt—48
ABSTENTIONS
The Honourable Senators
Nil
The question being put 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, it was adopted on division.
The Bill was 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.
Senate Public Bills
The Senate resumed 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 Sibbeston moved, seconded by the Honourable Senator Poulin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
_________________________________________________________
With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Nolin, Chair of the Special Committee of the Senate on Illegal Drugs, presented its Fourth Report (budget 2002-2003)
(The Report is printed as Appendix "D'')
The Honourable Senator Nolin moved, seconded by the Honourable Senator Johnson, that the Report be placed on the Orders of the Day for consideration two days hence.
The question being put on the motion, it was adopted.
The Honourable Senator Taylor, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Twelfth Report (budget 2002-2003)
(The Report is printed as Appendix "E'')
The Honourable Senator Taylor moved, seconded by the Honourable Senator Chalifoux, 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, presented its Eighteenth Report (budget 2002-2003).
(The Report is printed as Appendix "F'')
The Honourable Senator Kirby moved, seconded by the Honourable Senator Cook, 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.
Senate Public Bills
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 Fraser for the Honourable Senator Jaffer moved, seconded by the Honourable Senator Gauthier, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Second reading of Bill S-42, An Act to amend the Canada Post Corporation Act (householder mailings).
The Honourable Senator Taylor moved, seconded by the Honourable Senator Chalifoux, that the Bill be read the second time.
After debate,
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Pearson, 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 7 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator St. Germain, P.C, seconded by the Honourable Senator Tkachuk, for the second reading of Bill S-38, An Act declaring the Crown's recognition of self-government for the First Nations of Canada.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Tkachuk.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Consideration of the Seventeenth Report of the Standing Senate Committee on Social Affairs, Science and Technology entitled: Volume Five: Principles and Recommendations for Reform — Part 1, tabled in the Senate on April 18, 2002.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Poulin, that the Report be adopted.
After debate,
The Honourable Senator Keon moved, seconded by the Honourable Senator Oliver, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6 to 9 were called and postponed until the next sitting.
Other
Orders No. 29 (inquiry), 122 (motion), 40 and 49 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Taylor calling 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 Stratton for the Honourable Senator Spivak moved, seconded by the Honourable Senator Atkins, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 44 (inquiry), 106 (motion), 103, 119 (motions), 43, 11, 42, 16 (inquiries), and 73 (motion), were called and postponed until the next sitting.
Order No. 26 (inquiry), was called and postponed until the next sitting in the name of the Honourable Senator Nolin.
Resuming debate on the motion of the Honourable Senator Maheu, seconded by the Honourable Senator Setlakwe:
That this House:
(a) Calls upon the Government of Canada to recognize the genocide of the Armenians and to condemn any attempt to deny or distort a historical truth as being anything less than genocide, a crime against humanity.
(b) Designates April 24th of every year hereafter throughout Canada as a day of remembrance of the 1.5 million Armenians who fell victim to the first genocide of the twentieth century
After debate,
The Honourable Senator Cools for the Honourable Senator Jaffer moved, seconded by the Honourable Senator Baker, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 35 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
MOTIONS
The Honourable Senator Kirby moved, seconded by the Honourable Senator Pépin,
That notwithstanding the Order of the Senate adopted on March 25, 2002, the Standing Senate Committee on Social Affairs, Science and Technology, which was authorized to examine and report on Bill S-12, An Act to amend the Statistics Act and the National Archives of Canada Act (census records), be empowered to present its final report no later than June 6, 2002.
The question being put on the motion, it was adopted.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Kroft,
That within 150 days following the February 28, 2002 tabling of the report of the Standing Senate Committee on National Security and Defence entitled Canadian Security and Military Preparedness, the Leader of the Government shall provide the Senate with a comprehensive government response.
The question being put on the motion, it was adopted.
_________________________________________________________
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 next, April 30, 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 Mahovlich
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:40 p.m. the Senate was continued until Tuesday next, April 30, 2002, at 2:00 p.m.)
_________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Fitzpatrick substituted for that of the Honourable Senator Moore (April 24).
The name of the Honourable Senator Moore substituted for that of the Honourable Senator Fitzpatrick (April 25).
Standing Joint Committee for the Scrutiny of Regulations
The names of the Honourable Senators Mahovlich, Cook and Sibbeston substituted for those of the Honourable Senators Jaffer, Bryden and Moore. (April 24).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Bryden substituted for that of the Honourable Senator Baker (April 25).