52 Elizabeth II, A.D. 2003, Canada

Journals of the Senate

2nd Session, 37th Parliament

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Issue 46

Tuesday, April 1, 2003
2:00 p.m.

The Honourable Daniel Hays, Speaker

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The Members convened were:

The Honourable Senators

Adams, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Kenny, Keon, Kinsella, LaPierre, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, Maheu, Merchant, Milne, Morin, Murray, Oliver, Pearson, Pépin, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stratton

The Members in attendance to business were:

The Honourable Senators

Adams, *Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, *Jaffer, Joyal, *Kelleher, Kenny, Keon, Kinsella, *Kirby, *Kolber, *Kroft, LaPierre, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, *Lynch-Staunton, Maheu, *Meighen, Merchant, Milne, *Moore, Morin, Murray, Oliver, Pearson, Pépin, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, *Setlakwe, Sibbeston, Smith, Sparrow, Spivak, *Stollery, Stratton, *Tkachuk

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Canadian Human Rights Tribunal for the year 2002, pursuant to the Canadian Human Rights Act, S. C. 1998, c. 9, sbs. 61(4).—Sessional Paper No. 2/37-329.

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Austin, P.C., tabled the following:

Report of the Canadian Delegation of the Asia Pacific Parliamentary Forum respecting its participation at the Eleventh Annual Meeting of the APPF, held in Kuala Lumpur, Malaysia, from January 13 to 15, 2003.—Sessional Paper No. 2/37-330.

The Honourable Senator Kinsella tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the meeting of the Committee on Economic Affairs and Development, held in London, England, on January 23 and 24, 2003, and at the First Part of the 2003 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from January 27 to 31, 2003.—Sessional Paper No. 2/37-331.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third reading of Bill C-3, An Act to amend the Canada Pension Plan and the Canada Pension Plan Investment Board Act.

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator De Bané, P.C., that the Bill be read the third time.

The question being put on the motion, it was adopted.

The Bill 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, without amendment.

Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Bacon, for the second reading of Bill C-6, An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts.

After debate,

The Honourable Senator Stratton 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.

Orders No. 3 and 4 were called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 7 were called and postponed until the next sitting.

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 Lapointe for the Honourable Senator Cools moved, seconded by the Honourable Senator Morin, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Order No. 9 was called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Chalifoux, seconded by the Honourable Senator Taylor, for the second reading of Bill S-9, An Act to honour Louis Riel and the Metis People.

After debate,

The Honourable Senator Cools moved, seconded by the Honourable Senator Adams, 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

Order No. 1 was called and postponed until the next sitting.

Reports of Committees

Orders No. 1 to 9 were called and postponed until the next sitting.

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 Eyton moved, seconded by the Honourable Senator Spivak, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Orders No. 9, 17 (inquiries), 4 (motion), 2, 14 (inquiries), 76, 66 (motions), 16, 6, 11, 7 and 3 (inquiries) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Lapointe, seconded by the Honourable Senator Gill:

That Rule 22 of the Rules of the Senate be amended by adding after subsection (9) the following:

"Tributes

(10) At the request of the Government Leader in the Senate or the Leader of the Opposition, the time provided for the consideration of "Senators' Statements'' shall be extended by no more than fifteen minutes on any one day for the purpose of paying tribute to a Senator or to a former Senator, and by such further time as may be taken for the response under subsection (13).

Time limits

(11) The Speaker shall advise the Senate of the amount of time to be allowed for each intervention by Senators paying tribute, which shall not exceed three minutes; a Senator may speak only once.

No leave

(12) Where a Senator seeks leave to speak after the fifteen minutes allocated for Tributes has expired, the Speaker shall not put the question.

Response

(13) After all tributes have been completed, the Senator to whom tribute is being paid may respond.

Senate Publications

(14) The tributes and response given under subsections (10) to (13) shall appear under the separate heading "Tributes'' in the Journals of the Senate and the Debates of the Senate.

No bar

(15) Nothing in this rule prevents a Senator from paying tribute to another Senator or to a former Senator at any other time allowed under these rules.

Other tributes

(16) Nothing in this rule prevents an allocation of time for tributes to persons who are not Senators or former Senators.''.

After debate,

The question being put on the motion, it was adopted on division.

Resuming debate on the inquiry of the Honourable Senator Cochrane calling the attention of the Senate to the state of air travel in Canada.

After debate,

The Honourable Senator Comeau moved, seconded by the Honourable Senator Spivak, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Order No. 5 (motion) was called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Cook called the attention of the Senate to a Position Statement presented to the Minister of Fisheries and Oceans concerning the possible closure of the fishery for Northern and Gulf Cod in NAFO Areas 2J3KL and 3Pn4RS.

After debate,

The Honourable Senator Rompkey, P.C., 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.

MOTIONS

The Honourable Senator Callbeck moved, seconded by the Honourable Senator Bacon:

That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to study the status of Legal Aid in Canada and the difficulties experienced by many low-income Canadians in acquiring adequate legal aid for both criminal and civil matters.

After debate,

With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:

That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to study the status of Legal Aid in Canada and the difficulties experienced by many low-income Canadians in acquiring adequate legal aid for both criminal and civil matters; and

That the Committee report no later than December 31, 2003.

After debate,

The Honourable Senator Stratton for the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Kinsella, that further debate on the motion, as modified, be adjourned until the next sitting.

The question being put on the motion, it was adopted.

The Honourable Senator Maheu moved, seconded by the Honourable Senator Bacon:

That the Standing Senate Committee on Human Rights be authorized to examine and report upon key legal issues affecting the subject of on-reserve matrimonial real property on the breakdown of a marriage or common law relationship and the policy context in which they are situated.

In particular, the Committee shall be authorized to examine:

- The interplay between provincial and federal laws in addressing the division of matrimonial property (both personal and real) on-reserve and, in particular, enforcement of court decisions;

- The practice of land allotment on-reserve, in particular with respect to custom land allotment;

- In a case of marriage or common-law relationships, the status of spouses and how real property is divided on the breakdown of the relationship; and

- Possible solutions that would balance individual and community interest.

That the Committee report to the Senate no later than June 27, 2003.

After debate,

The Honourable Senator Kinsella for the Honourable Senator Carney, P.C., 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.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Summary of the Corporate Plan for 2003-07 of the Canadian Tourism Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-319.

Summary of the Corporate Plan for 2003-04 to 2005-06 of the Canada Customs and Revenue Agency, pursuant to the Canada Customs and Revenue Agency Act, S.C. 1999, c. 17, s. 49. —Sessional Paper No. 2/37-320.

Report of the Federal Bridge Corporation Ltd. for the year ended December 31, 2002, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/37-321.

Report of the Canadian Wheat Board, together with the Auditor's report, for the crop year ended July 31, 2002, pursuant to the Canadian Wheat Board Act, R.S.C. 1985, c. C-24, sbs. 9(2). —Sessional Paper No. 2/37-322.

Report on operations under the Bretton Woods and Related Agreements Act for the year 2002, pursuant to the Act, S.C. 1993, c. 34, s. 11.—Sessional Paper No. 2/37-323.

Report on operations under the European Bank for Reconstruction and Development Agreement Act for the year 2002, pursuant to the Act, S.C. 1993, c. 34, s. 66.—Sessional Paper No. 2/37-324.

Report on the administration of the Canada Small Business Financing Act for the fiscal year ended March 31, 2002, pursuant to the Act, S.C. 1998, c. 36, s. 20.—Sessional Paper No. 2/37-325.

Report of the Canada Post Corporation for the fiscal year ended December 31, 2002, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 2/37-326.

Reports of the Laurentian 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. 2/37-327.

Report of Team Canada Inc. for the year 2002.—Sessional Paper No. 2/37-328.

ADJOURNMENT

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C.:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 4:48 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 Banking, Trade and Commerce

The names of the Honourable Senators Angus and Biron substituted for those of the Honourable Senators Bolduc and Hubley (March 28).

Standing Committee on Rules, Procedures and the Rights of Parliament

The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Kroft (March 28).

The name of the Honourable Senator Smith substituted for that of the Honourable Senator Furey (April 1).

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Wiebe substituted for that of the Honourable Senator Mahovlich (March 28).

The name of the Honourable Senator Maheu substituted for that of the Honourable Senator Wiebe (April 1).

Standing Senate Committee on Human Rights

The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Rossiter (March 31).

The name of the Honourable Senator Rossiter substituted for that of the Honourable Senator Kinsella (April 1).

Standing Senate Committee on Aboriginal Peoples

The name of the Honourable Senator Comeau substituted for that of the Honourable Senator Stratton (March 31).

Standing Senate Committee on Foreign Affairs

The names of the Honourable Senators Chaput and Merchant substituted for those of the Honourable Senators Setlakwe and Losier-Cool (April 1).

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