Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 115
Thursday, May 9, 2002
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Bacon, Baker, Beaudoin, Biron, Bolduc, Buchanan, Callbeck, Carney, Carstairs, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Keon, Kinsella, Kolber, Kroft, Lapointe, LeBreton, Léger, Lynch-Staunton, Maheu, Mahovlich, Milne, Moore, Morin, Murray, Nolin, Pépin, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Rompkey, Rossiter, Setlakwe, Sibbeston, Sparrow, St. Germain, Stollery, Stratton, Taylor, Tunney, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, *Atkins, Bacon, Baker, Beaudoin, Biron, Bolduc, Buchanan, Callbeck, Carney, Carstairs, Comeau, Cook, Cools, Corbin, Cordy, Day, *De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, *Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, *Kenny, Keon, Kinsella, *Kirby, Kolber, Kroft, Lapointe, LeBreton, Léger, Lynch-Staunton, Maheu, Mahovlich, Milne, Moore, Morin, Murray, Nolin, *Oliver, *Pearson, Pépin, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Rompkey, Rossiter, Setlakwe, Sibbeston, Sparrow, St. Germain, Stollery, Stratton, Taylor, *Tkachuk, Tunney, Watt, *Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Milne presented the following:
THURSDAY, May 9, 2002
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
SEVENTEENTH REPORT
Your Committee, to which was referred the motion of the Honourable Senator Carstairs, 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, has, in obedience to the Order of Reference of Tuesday, May 7, 2002, examined the said motion and Message and now reports as follows:
Your Committee recommends that the Senate do not insist on its amendment numbered 1(a).
Your Committee does, however wish to report back with observations which are appended to this report.
Respectfully submitted,
LORNA MILNE
Chair
APPENDIX TO THE REPORT
Your Committee has decided not to insist on its amendment numbered 1(a) of Bill C-15A because of assurances received from officials of the Department of Justice who appeared before us on May 8, 2002. Specifically, your Committee received testimony clearly stating that the child pornography provisions of Bill C-15A would not subject Internet Service Providers (ISPs) to criminal liability when they do not have knowledge of the content of the material stored on or transmitted through their systems. Indeed, in previous testimony before your Committee, Departmental officials recognized that ISPs are not required to monitor what is on their systems, nor should they for privacy reasons. Those officials assured your Committee that it is the Government's intention that ISPs would only be held liable under the proposed law if they knew they were transmitting child pornography and they continued to offer the service. Furthermore, your Committee believes that it is essential that those who administer the criminal law be apprised of the Government's assurance on this matter.
With leave of the Senate,
The Honourable Senator Milne moved, seconded by the Honourable Senator Taylor, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Robichaud, P.C., tabled the following:
Reply to Question No. 20, dated 21 February, 2002, appearing on the Order Paper in the name of the Honourable Senator Lynch-Staunton, respecting Bill C-36, An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities in order to combat terrorism.—Sessional Paper No. 1/37-765S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third Reading of Bill C-23, An Act to amend the Competition Act and the Competition Tribunal Act, as amended.
The Honourable Senator Poulin moved, seconded by the Honourable Senator Mahovlich, that the Bill, as amended, be read the third time.
The question being put on the motion, it was adopted.
The Bill, as amended, was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, with an amendment to which they desire their concurrence.
Resuming debate on the motion of Honourable Senator Austin, P.C., seconded by the Honourable Senator Cook, for the second reading of 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.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the Bill be referred to the Standing Senate Committee on Foreign Affairs.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the Seventeenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (motion and message concerning an amendment to Bill C-15A, An Act to amend the Criminal Code and to amend other Acts), presented in the Senate earlier this day.
The Honourable Senator Milne moved, seconded by the Honourable Senator Rompkey, P.C., that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Ordered: That a message be sent to the House of Commons to acquaint that House that the Senate does not insist on its amendment numbered 1(a) to Bill C-15A to which the House of Commons has disagreed.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 8 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Chalifoux, seconded by the Honourable Senator Gill, for the second reading of Bill S-35, An Act to honour Louis Riel and the Metis People.
After debate,
The Honourable Senator LeBreton moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Poulin, seconded by the Honourable Senator Poy, for the second reading of Bill C-441, An Act to change the names of certain electoral districts.
After debate,
The Honourable Senator Prud'homme, P.C., 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.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Poulin, for the adoption 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.
After debate,
The Honourable Senator LeBreton moved, seconded by the Honourable Senator Nolin, 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 12 were called and postponed until the next sitting.
Other
Orders No. 49, 43, 11 (inquiries), 138 (motion), 16, 40 (inquiries), 73 (motion) and 46 (inquiry) were called and postponed until the next sitting.
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 Jaffer moved, seconded by the Honourable Senator Setlakwe, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 122 and 106 (motions) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Gauthier, seconded by the Honourable Senator Gill,
That the Senate approve the radio and television broadcasting of its proceedings and those of its committees, on principles analogous to those regulating the publication of the official record of its deliberations; and
That a special committee, composed of five Senators, be appointed to oversee the implementation of this resolution.
After debate,
The Honourable Senator Lapointe moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 119 (motion) was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Nolin moved, seconded by the Honourable Senator Stratton,
That the date of presentation by the Special Senate Committee on Illegal Drugs of the final report on its study into reassessing Canada's anti-drug legislation and policies, which was authorized by the Senate on March 15, 2001, be extended from August 31, 2002 to September 13, 2002.
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, May 28, 2002 at 2:00 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 Canada Development Investment Corporation (including Canada Hibernia Holding Corporation), 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. 1/37-763.
Reports of the Atlantic Pilotage Authority for the fiscal year ended March 31, 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. 1/37-764.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:35 p.m. the Senate was continued until Tuesday, May 28, 2002, at 2:00 p.m.)
____________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Joint Committee for the Scrutiny of Regulations
The names of the Honourable Senators Lapointe and Tunney substituted for that of the Honourable Senators Gill and Bryden (May 8).
Standing Senate Committee on National Finance
The names of the Honourable Senators Setlakwe and Callbeck substituted for that of the Honourable Senators Mahovlich and Banks (May 8).
The names of the Honourable Senators Banks and Mahovlich substituted for those of the Honourable Senators Callbeck and Setlakwe (May 9).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Robichaud substituted for that of the Honourable Senator Cools (May 8).
The names of the Honourable Senators Cools, Bryden and Pearson substituted for those of the Honourable Senators Robichaud, Hubley and Maheu (May 9).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Mahovlich (May 9).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Adams substituted for that of the Honourable Senator Watt (May 9).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Léger substituted for that of the Honourable Senator Pépin (May 9).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Fraser added to the membership (May 9).
The names of the Honourable Senators Bryden and Austin substituted for those of the Honourable Senators Rompkey and Robichaud (May 9).