Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 64
Monday, June 9, 2003
6:01 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Bolduc, Buchanan, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Jaffer, Joyal, Keon, Kinsella, Kirby, Kolber, Kroft, Lawson, Léger, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Stollery, Stratton, Tkachuk
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Bolduc, Buchanan, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Jaffer, Joyal, *Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lawson, Léger, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, *Spivak, Stollery, Stratton, Tkachuk
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Robichaud, P.C., tabled the following:
Reply to Question No. 6, dated February 4, 2003, appearing on the Order Paper in the name of the Honourable Senator Tkachuk, respecting the Commission on the Future of Health Care. —Sessional Paper No. 2/37-484S.
Replies to Questions No. 26 to 28, dated February 5, 2003, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act—Department of Finance.—Sessional Paper No. 2/37- 485S.
Replies to Questions No. 87 to 89, dated February 25, 2003, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act—Department of National Defence.—Sessional Paper No. 2/37-486S.
Reply to Question No. 114, dated March 18, 2003, appearing on the Order Paper in the name of the Honourable Senator Stratton, respecting Downsview Park.—Sessional Paper No. 2/37-487S.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return Bill C-15, An Act to amend the Lobbyists Registration Act,
And to acquaint the Senate that the Commons have agreed to the amendment made by the Senate to this Bill, without amendment.
A Message was brought from the House of Commons in the following words:
Friday, June 6, 2003
ORDERED,—That a message be sent to the Senate to acquaint their Honours that this House agrees with amendments numbered 1 and 5 made by the Senate to Bill C-10B, An Act to amend the Criminal Code (cruelty to animals); but
Disagrees with amendment numbered 2 because the amendment is inconsistent with the other elements of the offence and makes the law less clear and because the amendment would collapse two offences with different elements into one single offence, leading to confusion about the elements of the offence and to problems for police and prosecutors;
Disagrees with amendment numbered 3 because it is unclear and creates confusion about whether the intent is to create a different test for liability of aboriginal persons and because there is no clarity as to what ``traditional practices'' are and how law enforcement can be expected to act accordingly; and
Agrees with the principle set out in amendment numbered 4, namely, the desire to reassure Canadians that no defences are lost, but, because the wording of the amendment would codify a reverse onus by requiring an accused person to prove his or her innocence on a balance of probabilities, would propose the following amendment:
Amendment numbered 4 be amended to read as follows:
Page 4, clause 2: Replace lines 22 to 24 with the following:
``182.5 For greater certainty, the defences set out in subsection 429(2) apply, to the extent that they are relevant, in respect of proceedings for an offence under this Part.''
ATTEST:
WILLIAM C. CORBETT
Clerk of the House of Commons
The Honourable Senator Robichaud, P.C. moved, seconded by the Honourable Senator Rompkey, P.C., that the Message be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Robichaud, P.C., for the second reading of Bill C-25, An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts.
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.
Order No. 3 was called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Robichaud, P.C.:
That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine and report on the implications of including, in legislation, non-derogation clauses relating to existing aboriginal and treaty rights of the aboriginal peoples of Canada under s.35 of the Constitution Act, 1982; and
That the Committee present its report no later than December 31, 2003.
After debate,
The Honourable Senator Nolin for the Honourable Senator Beaudoin 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 of Committees
Resuming debate on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Di Nino, for the adoption of the Sixth Report of the Standing Senate Committee on National Finance (Second Interim Report on the 2003-2004 Estimates) presented in the Senate on May 27, 2003.
After debate,
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 6 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Stratton, seconded by the Honourable Senator Murray, P.C., for the second reading of Bill S-4, An Act to provide for increased transparency and objectivity in the selection of suitable individuals to be named to certain high public positions.
After debate,
The Honourable Senator Kinsella for the Honourable Senator LeBreton 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.
Order No. 8 was called and postponed until the next sitting.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Private Bills
Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Mahovlich, for the second reading of Bill S-21, An Act to amalgamate the Canadian Association of Insurance and Financial Advisors and The Canadian Association of Financial Planners under the name The Financial Advisors Association of Canada.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Cook, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Jaffer, for the second reading of Bill S-19, An Act respecting Scouts Canada.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Jaffer, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Jaffer:
That Rule 115 be suspended with respect to Bill S-19, An Act respecting Scouts Canada.
After debate,
The question being put on the motion, it was adopted.
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Ordered, That Rule 115 be suspended with respect to Bill S-21, An Act to amalgamate the Canadian Association of Insurance and Financial Advisors and The Canadian Association of Financial Planners under the name The Financial Advisors Association of Canada.
Reports of Committees
Orders No. 1 to 9 were called and postponed until the next sitting.
Other
Orders No. 116, 5 (motions), 2, 14 (inquiries), 66, 121, 122 (motions), 16 (inquiry), 115 (motion), 17, 6, 11, 15, 21 (inquiries), 92 (motion), 22 (inquiry), 91, 86 (motions) 8, 20 (inquiries), 104 (motion) and 9 (inquiry) were called and postponed until the next sitting.
Orders No. 4 and 76 (motions) were called and pursuant to Rule 27(3) were dropped from the Order Paper.
MOTIONS
The Honourable Senator Kirby moved, seconded by the Honourable Senator Pépin:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the infrastructure and governance of the public health system in Canada, as well as on Canada's ability to respond to public health emergencies arising from outbreaks of infectious disease. In particular, the Committee shall be authorized to examine and report on:
- the state and governance of the public health infrastructure in Canada;
- the roles and responsibilities of, and the coordination among, the various levels of government responsible for public health;
- the monitoring, surveillance and scientific testing capacity of existing agencies;
- the globalization of public health;
- the adequacy of funding and resources for public health infrastructure in Canada;
- the performance of public health infrastructure in selected countries;
- the feasibility of establishing a national public health legislation or agency as a means for better coordination and integration and improved emergency responsiveness;
- the Naylor Advisory Group Report and recommendations.
That the Committee submit its report no later than March 31, 2004.
After debate,
The Honourable Senator Kinsella for the Honourable Senator LeBreton 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):
Report of the Canadian Transportation Agency for the year ended December 31, 2002, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 42(3).—Sessional Paper No. 2/37-480.
Summaries of the Corporate Plan for 2002-2003 to 2006-2007 and the Operating and Capital Budgets for 2002-2003 of the Canada Lands Company Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs.125(4).—Sessional Paper No. 2/37-481.
Reports of the Northern Pipeline Agency for the fiscal year ended March 31, 2003, 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. 2/37-482.
Report of the Judge Advocate General to the Minister of National Defence on the administration of military justice in the Canadian Forces for the fiscal year ended March 31, 2003, pursuant to the National Defence Act, S.C. 1998, c. 35, s. 2. —Sessional Paper No. 2/37-483.
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 8:12 p.m. the Senate was continued until 2:00 p.m. tomorrow.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Human Rights
The name of the Honourable Senator Chalifoux substituted for that of the Honourable Senator LaPierre (June 9).
Standing Senate Committee on National Finance
The name of the Honourable Senator Beaudoin substituted for that of the Honourable Senator Oliver (June 9).