Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 14
Thursday, October 31, 2002
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Doody, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kolber, Kroft, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Milne, Morin, Murray, Nolin, Pearson, Phalen, Pitfield, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stratton, Taylor, Tkachuk, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, *Angus, Atkins, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Doody, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, *Kirby, Kolber, Kroft, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Milne, Morin, Murray, Nolin, Pearson, Phalen, Pitfield, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stratton, Taylor, Tkachuk, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
Supplementary Estimates (A), 2002-2003.—Sessional Paper No. 2/37-171.
The Honourable the Speaker informed the Senate that the Clerk of the Senate had tabled the following:
Statement of the Clerks Receipts and Disbursements for the Year Ended March 31, 2002, pursuant to Rule 133.—Sessional Paper No. 2/37-172S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey tabled the following (Sessional Paper No. 2/37-173S):
THURSDAY, October 31, 2002
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104, that the expenses incurred by the Committee during the First Session of the 37th Parliament are as follows:
Professional Services $ 9,692 Transportation and Communications — Other $ 400 Witness Expenses $ 51,449 Total $ 61,541
During the First Session of the Thirty-seventh Parliament, the Committee held 61 meetings, during which it heard 262 witnesses. The Committee held hearings on 15 bills, including twelve Government bills, three of which were introduced in the Senate, in addition to one private members' public bill introduced in the Commons and two such bills introduced in the Senate. The Committee recommended a total of 20 amendments to four bills. In all the Committee submitted twenty reports, thirteen of which deal with bills.
Respectfully submitted,
GEORGE FUREY
Chair
The Honourable Senator Chalifoux tabled the following (Sessional Paper No. 2/37-174S):
THURSDAY, October 31, 2002
The Standing Senate Committee on Aboriginal Peoples has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104 of the Rules, that the expenses incurred by the Committee during the First Session of the Thirty-seventh Parliament are as follows:
1. With respect to its examination and consideration of legislation:
Professional Services $ 100 Transportation — Other, Miscellaneous — Witness Expenses — Total $ 100
2. With respect to its special study on Aboriginal Economic Development in relation to Northern National Parks:
Professional Services $ 5,265 Transportation $ 45,093 Other, Miscellaneous — Witness Expenses — Total $ 50,358
3. With respect to its special study on urban Aboriginal youth:
Professional Services $ 12,228 Transportation — Other, Miscellaneous — Witness Expenses $ 1,469 Total $ 13,697
On March 12, 2001, the Committee received an Order of Reference to examine and report upon Aboriginal economic development in relation to northern national parks. This Order of Reference was delegated to a Subcommittee which heard 4 witnesses and held 3 meetings.
In addition, in May 2001, the Subcommittee sent a fact-finding delegation to the Northwest Territories, the Yukon, and Nunavut. The Committee's final report was tabled on September 27, 2001.
On September 27, 2001, the Committee received an Order of Reference to examine and report upon issues affecting urban Aboriginal youth in Canada.
During the session, your Committee held 34 meetings, heard 68 witnesses, and examined two bills including Bill S-24 (the Kanesatake Interim Land Base Governance Act), and Bill C-37, (the Claim Settlements (Alberta and Saskatchewan) Implementation Act).
The Committee submitted seven reports.
Respectfully submitted,
THELMA CHALIFOUX
Chair
Introduction and First Reading of Senate Public Bills
The Honourable Senator Spivak presented a Bill S-10, An Act concerning personal watercraft in navigable waters.
The Bill was read the first time.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Andreychuk, 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 the Honourable Senator Jaffer, seconded by the Honourable Senator Maheu, for the second reading of Bill C-10, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act.
After debate,
The Honourable Senator Tkachuk for the Honourable Senator Sparrow moved, seconded by the Honourable Senator Gustafson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived.
The Senate resumed debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Maheu, for the second reading of Bill C-10.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Prud'homme, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Orders No. 1 and 2 were called and postponed until the next sitting.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C.:
That for the duration of the present session any select committee may meet during adjournments of the Senate.
After debate,
In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator Robichaud, P.C., that the motion be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
After debate,
The question being put on the motion in amendment, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Other
Orders No. 4 (inquiry), 4 (motion), 3 (inquiry), 3, 5 (motions), 2 (inquiry) and 7 (motion) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Lapointe:
That the recommendations and proposed rules contained in the Fourteenth Report of the Standing Committee on Rules, Procedures and the Rights of Parliament presented to the Senate in the First Session of the 37th Parliament on June 11, 2002, be adopted, mainly:
1. a) Recommendation:
That the Senate adopt a procedure that would
(a) enable the Senate, following its approval of a report submitted by a select committee, to refer that report to the Government with a request for a comprehensive response within 150 calendar days;
(b) require the Leader of the Government in the Senate to either table the Government's response within the 150 day period or provide the Senate with an explanation; and
(c) deem the report and the comprehensive response to be referred upon tabling to the select committee for review, and provide that the select committee be deemed to have been referred the matter for consideration should the 150 day period lapse without a comprehensive response being received.
b) Proposed Rule:
That the Rules of the Senate be amended in rule 131,
(a) by renumbering rule 131 as 131(1); and
(b) by adding after subsection 131(1) the following:
"Request for Government response
(2) Where the Senate adopts either a resolution or a report from a select committee, other than the report on a bill, requesting the Government to provide a full and comprehensive response to the report, the Clerk of the Senate shall communicate the request to the Government Leader in the Senate who shall, within one hundred and fifty calendar days after the adoption of the report, either table the Government's response or give an explanation for not doing so in the Senate.
(3) Where the Senate adopts a resolution or a report under subsection (2), the report of the select committee and the response of the Government or the explanation of the Government Leader for the absence of a response are deemed to be referred to the select committee one hundred and fifty calendar days after the adoption of the report.''
2. a) Recommendation:
That the Senate adopt a rule based on Senator Gauthier's proposal relating to petitions, setting out the requirements as to their form and content, providing for a presentation procedure and providing that the subject matter of each public petition shall be referred to the appropriate standing committee, which shall consider it and, where it believes such action to be desirable, report back to the Senate with findings and recommendations.
b) Proposed Rule:
That the Rules of the Senate be amended by replacing rules 69 to 71 with the following:
"Presentation of petitions
69. (1) A Senator may present a petition to the Senate, including a petition for the passage of a private bill or for the redress of a grievance.
Senator's signature
(2) A Senator who presents a petition to the Senate must sign it as the sponsor, but the signature of the Senator is not an indication that the Senator agrees with the content of the petition.
Multiple sponsors
(3) More than one Senator may sponsor a petition.
Report attached
(4) A Senator who presents a petition for the purposes of rule 71 shall present it with the report of the Examiner of Petitions attached.
Content of petition
(5) A petition to the Senate must:
(a) be identified as a petition;
(b) be addressed to the Senate or to the Senate in Parliament assembled;
(c) respectfully request the Senate to do something that it is able to do;
(d) if it is the petition of one or more individuals, contain the original signatures of the petitioners, their names and correct addresses and the dates of their respective signatures; and
(e) if it is the petition of a corporation, be dated and duly authenticated and under the seal of the corporation.
Form of petition
(6) A petition to the Senate must:
(a) be in a form prescribed by the Committee on Rules, Procedures and the Rights of Parliament, on sheets of paper of standard or legal size;
(b) be an original, not a photocopy or facsimile;
(c) be legible, whether it is written, typewritten, printed or some combination of these;
(d) be free of extraneous matter in its text and of alterations; and
(e) reproduce on every sheet its identification as a petition to the Senate or to the Senate in Parliament assembled and the text of the request, if it consists of more than one sheet of signatures and addresses.
Examiner of Petitions
(7) The Director of Committees shall be the Examiner of Petitions.
Petition on behalf of public meeting
70. Petitions signed by persons purporting to represent public meetings shall be received only as the petitions of the persons who sign.
Public petitions
71. (1) In this rule, "public petition'' means a petition to the Senate or the Senate in Parliament assembled by at least 25 persons, other than Senators and members of the House of Commons, that is filed for examination, presentation, referral and report under this rule.
Filing for examination
(2) A person may file a public petition with the Clerk of the Senate who shall, at the request of a Senator who proposes to sponsor it, refer it to the Examiner of Petitions for examination for compliance with rule 69.
Referral
(3) Where a Senator presents a public petition in the Senate with a report by the Examiner of Petitions attached advising that the petition is in compliance with rule 69, the petition, its subject-matter and the report shall be referred, without notice and without debate, to the appropriate standing committee.
Report
(4) The committee to which a public petition is referred under subsection (3) may report on its findings and recommendations, if any, to the Senate.''.
3. a) Recommendation:
That, with the exception of clauses 26.1(8) to (11), the Senate adopt the substance of the October 16, 2000 motion of Senator Kinsella, seconded by Senator Forrestall, that would add a rule 26.1 to provide for the expeditious consideration of secession referendum questions or referendum results by Committee of the Whole, upon their being tabled in a provincial legislature or otherwise officially released.
b) Proposed Rule:
That the Rules of the Senate be amended, in rule 26,
(a) by adding the following before subsection (1):
"Constitutional business
(1) Constitutional Business: Orders of the Day for motions under rule 26.1(3).''
(b) by renumbering subsections (1) and (2) as (2) and (3) and all cross-references thereto accordingly; and
(c) by adding the following after rule 26:
"Question considered
26.1 (1) Immediately after the government of a province tables in its legislative assembly or otherwise officially releases the question that it intends to submit to its voters in a referendum relating to the proposed secession of the province from Canada, motions to refer that question to Committee of the Whole for consideration and report may be moved without leave at the next sitting of the Senate, and, if moved, must be considered and disposed of in priority to all other orders of the day.
Clear majority considered
(2) Immediately after the government of a province, following a referendum relating to the secession of that province from Canada, seeks to enter into negotiations on the terms of which that province might cease to be a part of Canada, motions to refer the subject of the clarity of the majority achieved in the referendum to Committee of the Whole for consideration and report may be moved without leave at the next sitting of the Senate, and, if moved, must be considered and disposed of in priority to all other Orders of the Day.
Order of business
(3) Notwithstanding rule 23(8), the Speaker shall call for motions under this rule as the first item of business after Question Period.
Priority
(4) Motions under this rule shall be considered and disposed of in the following order: a motion, if any, by the Government Leader; a motion, if any, by the Leader of the Opposition; a motion, if any, by the leader of a recognized third party in the Senate; motions, if any, by other Senators.
Deemed disposition
(5) Only one order of reference at a time may be made under subsection (1) or (2) and, as soon as an order of reference is adopted, with or without amendment, the remaining motions shall be dropped from the Order Paper.
Time
(6) Where the Senate adopts an order of reference under this rule, the Committee of the Whole shall report within fifteen calendar days after proceedings commenced in the Senate under subsection (1) or (2).
Transmission of findings
(7) When the Senate adopts a resolution in respect of a report presented pursuant to this rule, the Speaker of the Senate shall transmit copies of the resolution and of all proceedings held under this rule in the Senate and in the Committee of the Whole, including a complete copy of every representation made under this rule, to the Speaker of the House of Commons and to the Speakers of each provincial and territorial legislative assembly in Canada.''
After debate,
In amendment, the Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C., that the motion be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
After debate,
The question being put on the motion in amendment, it was adopted.
The Honourable Senator Wiebe moved, seconded by the Honourable Senator Chalifoux:
That the Standing Senate Committee on Agriculture and Forestry be authorized to examine the impact of climate change on Canada's agriculture, forests and rural communities and the potential adaptation options focusing on primary production, practices, technologies, ecosystems and other related areas;
That the papers and evidence received and taken on the subject and the work accomplished by the Standing Senate Committee on Agriculture and Forestry during the First Session of the Thirty-Seventh Parliament be referred to the Committee and;
That the Committee submit its final report no later than December 31, 2003.
The question being put on the motion, it was adopted.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Kinsella:
That the Senate Standing Committee on Fisheries be authorised to have the public proceedings of the Committee, at its discretion, televised with the least possible disruption of its hearings.
The question being put on the motion, it was adopted.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Kinsella:
That the Senate Standing Committee on Fisheries be authorised to hire such counsel, technical, clerical and other personnel as may be necessary for the Committee's study of bills, subject-matters of bills and estimates referred to this Committee.
The question being put on the motion, it was adopted.
The Honourable Senator Day moved, seconded by the Honourable Senator Baker, P.C.:
That the Standing Senate Committee on National Security and Defence be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
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 Graham, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday next, November 5, 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):
Reports of the Canada Lands Company Limited 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. 2/37-170.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., 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 3:39 p.m. the Senate was continued until Tuesday next, November 5, 2002, at 2:00 p.m.)
_________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Cordy substituted for that of the Honourable Senator Poulin (October 30).
The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Cordy (October 31).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Day and Kinsella substituted for those of the Honourable Senators LaPierre and Eyton (October 30).
The names of the Honourable Senators LaPierre and Eyton substituted for those of the Honourable Senators Day and Kinsella (October 31).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Robertson substituted for that of the Honourable Senator Johnson (October 31).