Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 119
Tuesday, June 4, 2002
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Duhamel, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Milne, Moore, Morin, Murray, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Spivak, St. Germain, Stollery, 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, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, *Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Duhamel, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Milne, Moore, Morin, Murray, *Nolin, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, *Rossiter, Setlakwe, Sibbeston, Sparrow, Spivak, 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:
TUESDAY, June 4, 2002
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
EIGHTEENTH REPORT
Your Committee, to which was referred Bill S-41, An Act to re-enact legislative instruments enacted in only one official language, has, in obedience to the Order of Reference of Wednesday, March 10, 2002, examined the said Bill and now reports the same with the following amendments:
Page 1, clause 2: Replace line 15 with the following:
"(a) an instrument enacted before the coming into force of section 7 of the Official Languages Act on September 15, 1988 by, or with the''
2. Page 2, clause 4:
(a) Replace lines 11 to 13 with the following:
"guage and, at the time of its enactment, was published in only one official language or was exempted by law from the requirement to be published in a government publication, the Governor in''
(b) Replace lines 29 to 37 with the following:
"subsection (1) unless the contravention occurred after the instrument was re-enacted and published in both official languages.''
3. Page 3, clause 4: Add after line 10 the following:
"(7) Upon the expiration of six years after this Act comes into force, any legislative instrument described in subsection (1) that has not been re-enacted in both official languages is repealed.''
4. Page 3, clause 6: Replace lines 29 to 37 with the following:
"6. The English and French versions of an instrument re-enacted under section 3 or 4 are equally authoritative.''
5. Page 3, new clauses: Add after line 37 the following:
"7. An instrument that was repealed or that otherwise ceased to have effect on or before the day on which this Act comes into force is not by virtue of this Act or any regulation made under this Act revived in respect of any period subsequent to its repeal or ceasing to have effect.
8. (1) The Statutory Instruments Act does not apply to an instrument re-enacted under section 3 or to a regulation made under section 4.
(2) Instruments re-enacted under section 3 and regulations made under section 4 stand permanently referred to the Committee referred to in section 19 of the Statutory Instruments Act for review and scrutiny.
9. (1) Within five years after the day on which this Act comes into force, the Minister of Justice shall complete a review of the implementation and operation of section 4.
(2) Subject to subsection (3), within one year after the review is completed pursuant to subsection (1), or within such further time as may be authorized by both Houses of Parliament, the Minister of Justice shall submit a report on the review to each House of Parliament that includes:
(a) a description of the measures taken to identify legislative instruments referred to in subsection 4(1);
(b) a list of any legislative instruments that have been repealed and re-enacted under subsection 4(1); and
(c) a list of any legislative instruments referred to in that subsection that have been identified but that have not been repealed and re-enacted.
(3) The report referred to in subsection (2) shall, in respect of legislative instruments of a class referred to in subsection 15(3) of the Statutory Instruments Regulations, set out only the number of such instruments that are the types described in paragraphs (2) (a) and (b).''
Respectfully submitted,
LORNA MILNE
Chair
The Honourable Senator Milne 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.
The Honourable Senator Comeau, Chair of the Standing Senate Committee on Fisheries, presented its Sixth Report (budget 2002-03).
(The Report is printed as an Appendix)
The Honourable Senator Comeau moved, seconded by the Honourable Senator Beaudoin, 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.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return Bill S-34, An Act respecting royal assent to bills passed by the Houses of Parliament,
And to acquaint the Senate that the Commons have passed this Bill, without amendment.
A Message was brought from the House of Commons to return Bill C-23, An Act to amend the Competition Act and the Competition Tribunal Act,
And to acquaint the Senate that the Commons have agreed to the amendment made by the Senate to this Bill, without amendment.
_________________________________________________________
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
June 4, 2002
Mr. Speaker:
I have the honour to inform you that the Honourable Jack Major, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of the Governor General, will proceed to the Senate Chamber today, the 4th day of June, 2002, at 4:15 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
ORDERS OF THE DAY
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,
The Honourable Senator Beaudoin moved, seconded by the Honourable Senator Comeau, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 to 9 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
Order No. 1 was called and postponed until the next sitting.
Consideration of the Thirteenth Report of the Standing Senate Committee on Foreign Affairs (budget—study on Russia and Ukraine), presented in the Senate on May 30, 2002.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Adams, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Fourteenth Report of the Standing Senate Committee on Foreign Affairs (budget—study on Foreign relations), presented in the Senate on May 30, 2002.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Cordy, that the Report be adopted.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Johnson, for the adoption of the Fifth Report of Standing Senate Committee on Fisheries entitled: Selected Themes on Canada's Freshwater and Northern Fisheries, tabled in the Senate on February 19, 2002.
After debate,
The Honourable Senator Robertson moved, seconded by the Honourable Senator Stratton, 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 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 Roche 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.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-15B, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Maheu, 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.
Reports of Committees
Consideration of the Thirteenth Report of the Standing Committee on Rules, Procedures and the Rights of Parliament (time allotted to tributes in the Senate), presented in the Senate on May 2, 2002.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Bryden, that the Report be adopted.
After debate,
The Honourable Senator Stratton 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.
Order No. 8 was called and postponed until the next sitting.
Consideration of the Tenth Report of the Standing Joint Committee on Official Languages (funding for the Office of the Commissioner of Official Languages), tabled in the Senate on April 25, 2002.
The Honourable Senator Maheu moved, seconded by the Honourable Senator Losier-Cool, that the Report be adopted.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Bolduc, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Consideration of the Eleventh Report of the Standing Joint Committee on Official Languages (awareness campaign concerning the Official Languages Act), tabled in the Senate on April 25, 2002.
The Honourable Senator Maheu moved, seconded by the Honourable Senator Graham, P.C., that the Report be adopted.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 11 and 12 were called and postponed until the next sitting.
Other
Orders No. 16 (inquiry), 103 (motion) 45 (inquiry) and 44 (motion) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Cools calling the attention of the Senate to:
(a) to the public's need for the Senate and the Parliament of Canada to take into their cognizance the current conflict between Ottawa residents with their Ottawa City Council and the National Capital Commission regarding the National Capital Commission's proposal to re-zone a riverfront parkland to build a 244 dwelling housing development on that riverfront parkland, a matter well reported in the media;
(b) to the national capital parkland known as the Moffatt Farm, a riverfront parkland on the heritage waterway, the Rideau River, at Mooney's Bay, near the entrance to the Hog's Back Locks, all of which form a part of the ancient and historic Rideau Canal and the Rideau Canal Waterway System, a parkland which for decades has been held by the National Capital Commission as a commissioned public trust for its protection for the public good and for the public use;
(c) to the meaning in law of a commission, being that a commission is a public body with a public purpose, authorized by letters patent, an act of parliament, or other lawful warrant to execute and perform a public office, and further, that the National Capital Commission is no ordinary entity, or no simple arms length crown corporation but is a commission a peculiar constitutional entity, intended to perform a public duty;
(d) to the current land use designation zoning of Moffat Farm which is zoned as parkland, as are other Ottawa national capital parks such as Vincent Massey Park and Hog's Back Park, parklands whose maintenance and sustenance are of great importance and concern to Ottawans;
(e) to the National Capital Commission contracted agreements with private developers, including that one with DCR Phoenix, regarding the sale for development of the parkland, Moffatt Farm, to the same DCR Phoenix, a private developer currently acting as the National Capital Commission agent before Ottawa City Council and the Ontario Municipal Board in proceedings about the National Capital Commission proposed re-zoning of Moffatt Farm from parkland zoning to residential zoning so as to permit the National Capital Commission's sale of this parkland to private developers;
(f) to Ottawa City Council's unanimous decision on March 27, 2002 rejecting and soundly defeating the National Capital Commission/DCR Phoenix's proposal for re-zoning and development of the Moffatt Farm parkland, to the city government's strong objection to the proposed development, being the building of 244 expensive, luxurious high end houses on the Moffatt Farm parkland, a parkland also known for its environmentally sensitive lands;
(g) the responsible ministry's and the National Capital Commission's own protocol that holds that the National Capital Commission should defer to municipal government on planning issues and land use;
(h) to another motion overwhelmingly adopted by Ottawa City Council on April 10, 2002 expressing the City's wish to purchase the Moffatt Farm parkland, also asking the National Capital Commission to honour City Council's decision and also to withdraw its own appeal to the Ontario Municipal Board asking the Ontario Municipal Board to overturn City Council and force the re-zoning of Moffatt Farm from parkland zoning to residential zoning;
(i) to that same City Council motion of April 10, 2002, which said:
"WHEREAS the Moffatt Farm has been in public ownership for the past 50 years, since its expropriation, and has until 1999, been designated a Capital Park by the National Capital Commission;
AND WHEREAS the NCC has determined that this property is surplus to national needs and intends to sell it;
AND WHEREAS the Moffatt Farm is outside the General Urban Area, and designated as Waterfront Open Space in the Regional Official Plan, which is land in, or intended to be in, public ownership and intended for public recreation and environmental conservation uses;
AND WHEREAS the Moffatt Farm has no `right of development' at this time, being designated Major Open Space, Waterway Corridor and Environmentally Sensitive Area, zoning that offers the highest possible protection;
AND WHEREAS, in the Ottawa Official Plan, the Moffatt Farm is designated as a District/Community Park, a use identified in the 1973 Carleton Heights Secondary Plan as a means to address inadequate parkland for this area of the City;
AND WHEREAS, since 1973, the population of this community has doubled and available parkland has already decreased;
AND WHEREAS the City of Ottawa has a policy to acquire, where possible, waterfront properties that form the Greenway System and preserve these lands for public open space use;
THEREFORE BE IT RESOLVED that the City of Ottawa offer to purchase the entire Moffatt Farm property from the NCC, at a price which will be based on its current and future use as a District Park; and
BE IT FURTHER RESOLVED that the City request the local Members of Parliament (National Capital Caucus) to urge the NCC to respect Council's unanimous decision and withdraw its appeal to the OMB.''
(j) to the growing public disenchantment and disappointment of Ottawans who perceive the National Capital Commission's corporate culture as running roughshod over Ottawans with wanton disregard for local communities of which the Moffat Farm community is only one of several which include Lac Leamy, Sparks Street redevelopment and others, all of which have resulted in diminishing public respect for the National Capital Commission and its land use proposals in the national capital area;
(k) to the burgeoning public unease about the destiny of Ottawa's precious public lands as many Ottawans are anxious that the National Capital Commission is conducting its affairs in land use matters, more as a private development company and less as a public commission entrusted with Her Majesty's and the public's interest in the proper land use of unique, historical, heritage parklands and properties; and
(l) to the public need for Parliament's study and review of the National Capital Commission in its entirety, including its role, structure, organization, operations, authorizing statute, its parliamentary appropriations, finances, and its relations with Canadian citizens, especially Canadian citizens living in the Ottawa area, its land dealings, its land developments, and its agreements with private developers selected by the National Capital Commission as recipients, buyers, of treasured historic lands.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Stratton, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 43, 11 (inquiries), 138 (motion), 40 (inquiry) and 73 (motion) were called and postponed until the next sitting.
Order No. 106 (motion) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
_________________________________________________________
Pursuant to Rule 135(4), the sitting was suspended until 4:10 p.m.
The sitting resumed.
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 John Charles Major, 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 to amend the Criminal Code and to amend other Acts (Bill C-15A, Chapter 13, 2002)
An Act to amend the Payment Clearing and Settlement Act (Bill S-40, Chapter 14, 2002)
An Act respecting royal assent to bills passed by the Houses of Parliament (Bill S-34, Chapter 15, 2002)
An Act to amend the Competition Act and the Competition Tribunal Act (Bill C-23, Chapter 16, 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.''
4:21 p.m.
The Commons withdrew.
After which the Honourable the Deputy of Her Excellency the Governor General was pleased to retire.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the use of electronic surveillance for the year 2000, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, sbs. 195(4). —Sessional Paper No. 1/37-799.
Report on transportation in Canada for the year 2001, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 52(1).—Sessional Paper No. 1/37-800.
Summary of the Corporate Plan for 2002-06 of Ridley Terminals Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-801.
Summaries of the Corporate Plan for 2002-03 to 2006-07 and the Operating and Capital Budgets for 2002-03 of Farm Credit Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-802.
Reports of the Great Lakes Pilotage Authority, Ltd. 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- 803.
Summaries of the Corporate Plan for 2002-06 and the Operating and Capital Budgets for 2002 of Marine Atlantic Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-804.
Reports of the Canadian Institutes of Health Research for the fiscal year ended March 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- 805.
Document entitled "The National Child Benefit Progress Report 2001''.—Sessional Paper No. 1/37-806.
Document entitled "Employability Assistance for People with Disabilities National Report for 1999-2000 and 2000- 01''. —Sessional Paper No. 1/37-807.
ADJOURNMENT
The Honourable Senator Milne moved, seconded by the Honourable Senator Graham, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:25 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
_________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Cook substituted for that of the Honourable Senator Stollery (June 3).
Standing Senate Committee on National Finance
The names of the Honourable Senators Furey, Tunney and Mahovlich substituted for those of the Honourable Senators Baker, De Bané and Wiebe (June 3).
The name of the Honourable Senator Baker substituted for that of the Honourable Senator Banks (June 4).
Standing Senate Committee on Energy, the Environment and Natural Resources
The names of the Honourable Senators Kenny and Christensen substituted for those of the Honourable Senators Mahovlich and Callbeck (June 3).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Kroft substituted for that of the Honourable Senator Banks (June 3).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Mahovlich (June 3).
Standing Senate Committee on Foreign Affairs
The names of the Honourable Senators Carney and Kelleher substituted for those of the Honourable Senators Angus and Di Nino (June 3).
Standing Committee on Internal Economy, Budgets and Administration
The names of the Honourable Senators Forrestall and Stratton substituted for those of the Honourable Senators Stratton and Atkins (June 4).