Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 110
Tuesday, April 30, 2002
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Baker, Banks, Biron, Bolduc, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kolber, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Mahovlich, Meighen, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sparrow, St. Germain, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, *Bacon, Baker, Banks, *Beaudoin, Biron, Bolduc, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, *Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, *Kirby, Kolber, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, *Maheu, Mahovlich, Meighen, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sparrow, St. Germain, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe
PRAYERS
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
April 30, 2002
Mr. Speaker:
I have the honour to inform you that the Honourable Louis LeBel, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of the Governor General, will proceed to the Senate Chamber today, Tuesday, April 30, 2002, at 3:00 p.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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Wiebe for the Honourable Senator Gustafson, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Ninth Report (budget 2002-2003).
(The Report is printed as Appendix "A'')
The Honourable Senator Wiebe moved, seconded by the Honourable Senator Ferretti Barth, 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 Kolber, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Fifteenth Report (budget 2002-2003).
(The Report is printed as Appendix "B'')
The Honourable Senator Kolber moved, seconded by the Honourable Senator Callbeck, 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.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-50, An Act to amend certain Acts as a result of the accession of the People's Republic of China to the Agreement Establishing the World Trade Organization, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Graham, P.C., 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of Honourable Senator Carstairs, P.C., 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 Andreychuk moved, seconded by the Honourable Senator LeBreton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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 Louis LeBel, 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 Acting 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 respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts (Bill C-33, Chapter 10, 2002)
An Act to provide for the recognition of the Canadian horse as the national horse of Canada (Bill S-22, Chapter 11, 2002)
An Act to amend the Foreign Missions and International Organizations Act (Bill C-35, Chapter 12, 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.''
3:10 p.m.
The Commons withdrew.
After which the Honourable the Deputy of Her Excellency the Governor General was pleased to retire.
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,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Sibbeston.
Orders No. 2 to 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Wiebe, for the second reading of Bill S-9, An Act to remove certain doubts regarding the meaning of marriage.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Jaffer.
Orders No. 7 and 8 were called and postponed until the next sitting.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 5 were called and postponed until the next sitting.
Consideration of the Sixth Report of the Standing Senate Committee on National Security and Defence (budget 2002-2003), presented in the Senate on April 25, 2002.
The Honourable Senator Banks moved, seconded by the Honourable Senator Wiebe, that the Report be adopted.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 7 was called and postponed until the next sitting.
Consideration of the Seventh Report of the Standing Senate Committee on Aboriginal Peoples (budget 2002-2003), presented in the Senate on April 25, 2002.
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Adams, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the Fourth Report of the Special Committee of the Senate on Illegal Drugs (budget 2002-2003), presented in the Senate on April 25, 2002.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Andreychuk, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the Twelfth Report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget 2002-2003), presented in the Senate on April 25, 2002.
The Honourable Senator Taylor moved, seconded by the Honourable Senator Morin, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Orders No. 11 to 17 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Keon, for the adoption of the Fourteenth Report of the Standing Senate Committee on National Finance entitled: The Effectiveness of and Possible Improvements to the Present Equalization Policy, tabled in the Senate on March 21, 2002.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Di Nino, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Johnson, for the adoption of the Second Report of the Standing Senate Committee on Human Rights, entitled: Promises to Keep: Implementing Canada's Human Rights Obligations, tabled in the Senate on December 13, 2001.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Beaudoin moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 46 (inquiry), 44 (motion), 29 (inquiry) and 122 (motion) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Cordy calling the attention of the Senate to the status of palliative care in Canada.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Nolin, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 49 (inquiry) was called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Poy calling the attention of the Senate to the significance of March 21st, the International Day for the Elimination of Racial Discrimination.
Debate concluded.
Orders No. 106, 103, 119 (motions), 43, 11, 42 and 16 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator DeWare, seconded by the Honourable Senator Kinsella:
That the Senate endorse and support the following statements from two of its Standing Committees in relation to Bill C-4 being An Act to establish a foundation to fund sustainable development technology.
From the Fifth Report of the Standing Senate Committee on Energy, the Environment and Natural Resources the following statement:
"The actions of the Government of Canada in creating a private sector corporation as a stand-in for the Foundation now proposed in Bill C-4, and the depositing of $100 million of taxpayer's money with that corporation, without the prior approval of Parliament, is an affront to members of both Houses of Parliament. The Committee requests that the Speaker of the Senate notify the Speaker of the House of Commons of the dismay and concern of the Senate with this circumvention of the parliamentary process.''
From the Eighth Report of the Standing Senate Committee on National Finance being its Interim Report on the 2001-2002 Estimates, the Committee's comments on Bill C-4:
"Senators wondered if this was an appropriate way to create such agencies and crown corporations. They questioned whether the government should have passed the bill before it advanced the funding. The members of the Committee condemn this process, which creates and funds a $100 million agency without prior Parliamentary approval.''
And that this Resolution be sent to the Speaker of the House of Commons so that he may acquaint the House of Commons with the Senate's views and conclusions on Bill C-4 being An Act to establish a foundation to fund sustainable development technology.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Kinsella, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the inquiry of the Honourable Senator Prud'homme, P.C., calling the attention of the Senate to the way in which, in the future, honorary Canadian citizens should be named and national days of remembrance proclaimed for individuals or events.
Debate concluded.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Amended summaries of the Corporate Plan for 2001-02 to 2004-05 and of the Operating Budget for 2001-02 of the Cape Breton Growth Fund, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-737.
Report of VIA Rail Canada 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. 1/37-738.
Report of the Atlantic Pilotage Authority, 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. 1/37-739.
Report of Ridley Terminals 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. 1/37-740.
Report of the Canada Post Corporation, together with the auditors' report, for the period April 1 to December 31, 2001, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/37-741.
Summaries of the Corporate Plan for 2002-06 and the Capital Budget for 2002 of the Canada Post Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/37-742.
Report on operations under the Breton Woods and Related Agreements Act for the year 2001, pursuant to the Act, S.C. 1993, c. 34, s. 11.—Sessional Paper No. 1/37-743.
Report on operations under the European Bank for Reconstruction and Development Agreement Act for the year 2001, pursuant to the Act, S.C. 1993, c. 34, s. 66.—Sessional Paper No. 1/37-744.
Reports on the Administration of the Labour Adjustment Benefits Act for the quarters covering January 1, 2000 to March 31, 2001, pursuant to the Act, R.S.C. 1985, c. L-1, sbs. 36(1). —Sessional Paper No. 1/37-745.
Reports of the Merchant Seamen Compensation Board for the fiscal years ended March 31, 2001 and 2002, 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. 1/37-746.
Report of the Canada Post Corporation for the period of April 1 to December 31, 2001, pursuant to the Privacy Act, R.S.C. 1985, C. P-21, sbs. 72(2).—Sessional Paper No. 1/37-747.
Report on the provisions and operation of the Federal Child Support Guidelines, pursuant to the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 28 as amended by S.C. 1997, c. 1, s. 12. —Sessional Paper No. 1/37-748.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Adams:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:02 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
__________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Rossiter substituted for that of the Honourable Senator Nolin (April 25).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Forrestall substituted for that of the Honourable Senator Stratton (April 25).
Standing Joint Committee on Official Languages
The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Maheu (April 29).
The name of the Honourable Senator Biron substituted for that of the Honourable Senator Poulin (April 30).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Wiebe substituted for that of the Honourable Senator LaPierre (April 29).
Standing Joint Committee for the Scrutiny of Regulations
The names of the Honourable Senators Jaffer, Bryden and Moore substituted for those of the Honourable Senators Mahovlich, Cook and Sibbeston (April 29).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Poulin (April 30).