Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 40
Tuesday, March 18, 2003
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Kelleher, Kenny, Keon, Kinsella, LaPierre, Lapointe, LeBreton, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pépin, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Smith, Sparrow, Stollery, Stratton, Tkachuk, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, *Carney, Carstairs, *Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, *Eyton, Fairbairn, *Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, *Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, LaPierre, Lapointe, LeBreton, *Léger, Lynch-Staunton, Maheu, Mahovlich, Meighen, *Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, *Pearson, Pépin, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, Rossiter, *St. Germain, Setlakwe, *Sibbeston, Smith, Sparrow, *Spivak, Stollery, Stratton, Tkachuk, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Introduction and First Reading of Senate Public Bills
The Honourable Senator Oliver presented a Bill S-16, An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate).
The Bill was read the first time.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, 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.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return Bill C-12, An Act to promote physical activity and sport,
And to acquaint the Senate that the Commons have agreed to the amendments made by the Senate to this Bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-3, An Act to amend the Canada Pension Plan and the Canada Pension Plan Investment Board Act.
The Honourable Senator Fitzpatrick moved, seconded by the Honourable Senator Corbin, that the Bill be read the second time.
After debate,
The Honourable Senator Stratton for the Honourable Senator Bolduc moved, seconded by the Honourable Senator Atkins, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Kinsella, seconded by the Honourable Senator Corbin, for the second reading of Bill S-14, An Act to amend the National Anthem Act to reflect the linguistic duality of Canada.
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Bacon, 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 7 were called and postponed until the next sitting.
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-227, An Act respecting a national day of remembrance of the Battle of Vimy Ridge.
After debate,
The Honourable Senator Atkins moved, seconded by the Honourable Senator Lynch-Staunton, 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 Rompkey, P.C., seconded by the Honourable Senator Milne, for the second reading of Bill C-300, An Act to change the names of certain electoral districts.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Meighen, 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
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Cook, for the adoption of the Third Report (final) of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: The Health of Canadians — The Federal Role, Volume Six: Recommendations for Reform, tabled in the Senate on October 25, 2002.
After debate,
The Honourable Senator Stratton for the Honourable Senator LeBreton moved, seconded by the Honourable Senator Rossiter, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 to 7 were called and postponed until the next sitting.
Consideration of the Fourth Report of the Standing Senate Committee on National Security and Defence (study on the proposal of the Valiants Group) tabled in the Senate on December 12, 2002.
After debate,
The Honourable Senator Stratton for the Honourable Senator Atkins moved, seconded by the Honourable Senator Meighen, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Resuming debate on the inquiry of the Honourable Senator LeBreton calling the attention of the Senate to the legacy of waste during the Martin-Chrétien years.
After debate,
The Honourable Senator Stratton for the Honourable Senator Gustafson moved, seconded by the Honourable Senator Kelleher, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6 (inquiry), 4 (motion), 11 and 7 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C.:
That the following resolution, encapsulating the 2002 Berlin OSCE (PA) Resolution, be referred to the Standing Senate Committee on Foreign Affairs for consideration and report before June 30, 2003:
WHEREAS Canada is a founding member State of the Organization for Security and Economic Co-operation in Europe (OSCE) and the 1975 Helsinki Accords;
WHEREAS all the participating member States to the Helsinki Accords affirmed respect for the right of persons belonging to national minorities to equality before the law and the full opportunity for the enjoyment of human rights and fundamental freedoms and further that the participating member States recognized that such respect was an essential factor for the peace, justice and well-being necessary to ensure the development of friendly relations and co-operation between themselves and among all member States;
WHEREAS the OSCE condemned anti-Semitism in the 1990 Copenhagen Concluding Document and undertook to take effective measures to protect individuals from anti-Semitic violence;
WHEREAS the 1996 Lisbon Concluding Document of the OSCE called for improved implementation of all commitments in the human dimension, in particular with respect to human rights and fundamental freedoms and urged participating member States to address the acute problem of anti-Semitism;
WHEREAS the 1999 Charter for European Security committed Canada and other participating members States to counter violations of human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief and manifestations of intolerance, aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism;
WHEREAS on July 8, 2002, at its Parliamentary Assembly held at the Reichstag in Berlin, Germany, the OSCE passed a unanimous resolution, as appended, condemning the current anti-Semitic violence throughout the OSCE space;
WHEREAS the 2002 Berlin Resolution urged all member States to make public statements recognizing violence against Jews and Jewish cultural properties as anti-Semitic and to issue strong, public declarations condemning the depredations;
WHEREAS the 2002 Berlin Resolution called on all participating member States to combat anti-Semitism by ensuring aggressive law enforcement by local and national authorities;
WHEREAS the 2002 Berlin Resolution urged participating members States to bolster the importance of combating anti-Semitism by exploring effective measures to prevent anti-Semitism and by ensuring that laws, regulations, practices and policies conform with relevant OSCE commitments on anti-Semitism;
WHEREAS the 2002 Berlin Resolution also encouraged all delegates to the Parliamentary Assembly to vocally and unconditionally condemn manifestations of anti-Semitic violence in their respective countries;
WHEREAS the alarming rise in anti-Semitic incidents and violence has been documented in Canada, as well as Europe and worldwide.
Appendix
RESOLUTION ON ANTI-SEMITIC VIOLENCE
IN THE OSCE REGION
Berlin, 6 - 10 July 20021. Recalling that the OSCE was among those organizations which publicly achieved international condemnation of anti-Semitism through the crafting of the 1990 Copenhagen Concluding Document;
2. Noting that all participating States, as stated in the Copenhagen Concluding Document, commit to "unequivocally condemn'' anti-Semitism and take effective measures to protect individuals from anti-Semitic violence;
3. Remembering the 1996 Lisbon Concluding Document, which highlights the OSCE's "comprehensive approach'' to security, calls for "improvement in the implementation of all commitments in the human dimension, in particular with respect to human rights and fundamental freedoms'', and urges participating States to address "acute problems'', such as anti-Semitism;
4. Reaffirming the 1999 Charter for European Security, committing participating States to "counter such threats to security as violations of human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief and manifestations of intolerance, aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism'';
5. Recognizing that the scourge of anti-Semitism is not unique to any one country, and calls for steadfast perseverance by all participating States;
The OSCE Parliamentary Assembly:
6. Unequivocally condemns the alarming escalation of anti-Semitic violence throughout the OSCE region;
7. Voices deep concern over the recent escalation in anti-Semitic violence, as individuals of the Judaic faith and Jewish cultural properties have suffered attacks in many OSCE participating States;
8. Urges those States which undertake to return confiscated properties to rightful owners, or to provide alternative compensation to such owners, to ensure that their property restitution and compensation programmes are implemented in a non-discriminatory manner and according to the rule of law;
9. Recognizes the commendable efforts of many post-communist States to redress injustices inflicted by previous regimes based on religious heritage, considering that the interests of justice dictate that more work remains to be done in this regard, particularly with regard to individual and community property restitution compensation;
10. Recognizes the danger of anti-Semitic violence to European security, especially in light of the trend of increasing violence and attacks regions wide;
11. Declares that violence against Jews and other manifestations of intolerance will never be justified by international developments or political issues, and that it obstructs democracy, pluralism, and peace;
12. Urges all States to make public statements recognizing violence against Jews and Jewish cultural properties as anti-Semitic, as well as to issue strong, public declarations condemning the depredations;
13. Calls upon participating States to ensure aggressive law enforcement by local and national authorities, including thorough investigation of anti-Semitic criminal acts, apprehension of perpetrators, initiation of appropriate criminal prosecutions and judicial proceedings;
14. Urges participating States to bolster the importance of combating anti-Semitism by holding a follow-up seminar or human dimension meeting that explores effective measures to prevent anti-Semitism, and to ensure that their laws, regulations, practices and policies conform with relevant OSCE commitments on anti- Semitism; and
15. Encourages all delegates to the Parliamentary Assembly to vocally and unconditionally condemn manifestations of anti-Semitic violence in their respective countries and at all regional and international forums.
After debate,
The Honourable Senator Stratton for the Honourable Senator Kinsella moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 (inquiry), 7 (motion), 8, 9 and 2 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Gauthier:
That the Standing Senate Committee on Transport and Communications be authorized to examine and report on the current state of Canadian media industries; emerging trends and developments in these industries; the media's role, rights, and responsibilities in Canadian society; and current and appropriate future policies relating thereto; and
That the Committee submit its final report to the Senate no later than Wednesday, March 31, 2004.
After debate,
In amendment, the Honourable Senator Stratton moved, seconded by the Honourable Senator Lynch-Staunton, that the motion be amended by removing all the words after the word "authorized'' and adding the following:
"to study the appropriate role of public policy in helping to ensure that Canadian news media remains healthy, independent and diverse, given changes in the media in recent years, notably globalization, technological change, convergence and concentration of ownership; and
That the Committee submit its final report to the Senate no later than Wednesday, March 31, 2004.''
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Stratton, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted on division.
Order No. 5 (motion) was called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Gill called the attention of the Senate to the issues of the common approach (negotiations) with the Innu (Montagnais) of Quebec, Quebec and Canada with respect to the current discussions.
After debate,
The Honourable Senator Watt moved, seconded by the Honourable Senator Biron, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Stratton for the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Keon:
That the Standing Senate Committee on National Finance have power to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.
The question being put on the motion, it was adopted.
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 5:35 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Buchanan substituted for that of the Honourable Senator Tkachuk (February 6).
The name of the Honourable Senator Milne substituted for that of the Honourable Senator Mahovlich (March 17).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Tkachuk substituted for that of the Honourable Senator Angus (February 19).
The name of the Honourable Senator Angus substituted for that of the Honourable Senator Oliver (March 5).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Pearson (March 3).
The name of the Honourable Senator Fairbairn substituted for that of the Honourable Senator Milne (March 18).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Day, Phalen, Graham and LaPierre substituted for those of the Honourable Senators Banks, Christensen, Mahovlich and Chaput (March 3).
Standing Senate Committee on Foreign Affairs
The names of the Honourable Senators De Bané and Setlakwe substituted for those of the Honourable Senators Day and Mahovlich (March 3).
Standing Joint Committee for the Scrutiny of Regulations
The names of the Honourable Senators Moore and Merchant substituted for those of the Honourable Senators Ringuette-Maltais and Chaput (March 3).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator LeBreton substituted for that of the Honourable Senator Carney (March 3).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Chaput (March 17).
Standing Senate Committee on National Finance
The names of the Honourable Senators Hubley and Cook substituted for those of the Honourable Senators Ferretti Barth and Finnerty (March 17).
The name of the Honourable Senator Milne substituted for that of the Honourable Senator Mahovlich (March 18).