Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 81
Thursday, October 2, 2003
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Beaudoin, Biron, Callbeck, Carney, Carstairs, Chalifoux, Chaput, Christensen, Cools, Corbin, Cordy, Day, Doody, Downe, Finnerty, Furey, Gauthier, Gill, Graham, Gustafson, Harb, Hays, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kroft, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Massicotte, Meighen, Merchant, Milne, Moore, Morin, Nolin, Pearson, Pitfield, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, St. Germain, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
*Adams, Andreychuk, Angus, Atkins, *Austin, Bacon, Baker, Banks, Beaudoin, Biron, Callbeck, Carney, Carstairs, Chalifoux, Chaput, Christensen, *Comeau, *Cook, Cools, Corbin, Cordy, Day, *Di Nino, Doody, Downe, Finnerty, *Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Harb, Hays, *Hubley, *Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kroft, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Massicotte, Meighen, Merchant, Milne, Moore, Morin, Nolin, *Oliver, Pearson, *Pépin, *Phalen, Pitfield, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, St. Germain, *Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
The Senate observed a minute of silence and tributes were paid to the memory of the members of the Canadian Forces who died today while serving their country in Afghanistan.
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-34, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., 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.
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With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Stollery, Chair of the Standing Senate Committee on Foreign Affairs, presented its Fifth Report (budget—release of additional funds (study on the Canada-United States and Canada-Mexico trade relationships)).
(The Report is printed as an Appendix)
The Honourable Senator Stollery moved, seconded by the Honourable Senator Sparrow, 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.
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 Day, seconded by the Honourable Senator Harb, for the third 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,
And on the motion in amendment of the Honourable Senator Beaudoin, seconded by the Honourable Senator Comeau, that the Bill be not now read a third time but that it be amended in clause 12, on page 126, by replacing lines 8 to 12 with the following:
"30. (1) Appointments by the Commission to or from within the public service shall be free from political influence and shall be made on the basis of merit by competition or by such other process of personnel selection designed to establish the relative merit of candidates as the Commission considers is in the best interests of the public service.
(1.1) Despite subsection (1), an appointment may be made on the basis of individual merit in the circumstances prescribed by the regulations of the Commission.
(2) An appointment is made on the basis of individual''.
After debate,
In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator Stratton, that the motion in amendment be amended:
(a) by replacing the words "by replacing lines 8 to 12'' with the following:
"(a) by replacing lines 8 to 11''; and
(b) by replacing the words "(2) An appointment is made on the basis of individual'' with the following:
"(b) by replacing lines 26 to 29, with the following:
"may be identified by the deputy head,
(iii) any current or future needs of the organization that may be identified by the deputy head, and
(iv) achieving equality in the workplace to correct the conditions of disadvantage in employment experienced by persons belonging to a designated group within the meaning of section 3 of the Employment Equity Act, so that the employer's workforce reflects their representation in the Canadian workforce.''.
After debate,
The Honourable Senator Stratton for the Honourable Senator Oliver moved, seconded by the Honourable Senator LeBreton, that further debate on the subamendment be adjourned until the next sitting.
The question being put on the motion, it was adopted on division.
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 Stratton 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 on division.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-10, An Act concerning personal watercraft in navigable waters.
The Honourable Senator Banks moved, seconded by the Honourable Senator Spivak, that the Bill be read the third time.
After debate,
The Honourable Senator Moore moved, seconded by the Honourable Senator Wiebe, 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 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Lapointe, seconded by the Honourable Senator Gauthier, for the second reading of Bill S-18, An Act to amend the Criminal Code (lottery schemes).
After debate,
The Honourable Senator Milne moved, seconded by the Honourable Senator Chalifoux, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 7 and 8 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Mahovlich, for the second reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda).
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Day, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 2 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 Twelfth Report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on public health) presented in the Senate on September 30, 2003.
The Honourable Senator LeBreton moved, seconded by the Honourable Senator Stratton, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Fifteenth Report of the Standing Senate Committee on National Security and Defence (budget—release of additional funds (study on the need for a National Security Policy)) presented in the Senate on September 30, 2003.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Losier-Cool, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Orders No. 4 to 15 were called and postponed until the next sitting.
Consideration of the Fourth Report (Interim) of the Standing Senate Committee on Official Languages entitled: Official Languages: 2002-2003 Perspective, tabled in the Senate on October 1, 2003.
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Wiebe, that the Report be adopted.
After debate,
The Honourable Senator Gauthier 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.
Other
Orders No. 14, 25, 15 (inquiries), 147, 92 (motions), 23 (inquiry), 146 (motion), 26, 22 (inquiries), 66, 104, 86 (motions), 9 (inquiry), 130 (motion), 2, 16 (inquiries), 115 (motion), 6 and 11 (inquiries) were called and postponed until the next sitting.
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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 Rompkey, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, October 7, 2003, 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 Canadian Human Rights Tribunal 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. 2/37-683.
Proposed regulation amending the Immigration and Refugee Protection Regulations, dated September 2003, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 2/37-684.
Reports of the Canadian Nuclear Safety Commission 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- 685.
Report of the Office of the Superintendent of Financial Institutions, together with the Auditor General's report, for the fiscal year ended March 31, 2003, pursuant to the Financial Institutions and Deposit Insurance System Amendment Act, R.S.C. 1985, c. 18 (3rd Supp.), s. 25.—Sessional Paper No. 2/37-686.
Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Richlu Manufacturing Ltd. Regarding Certain Woven Fabrics of Cotton'', dated September 9, 2003, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54. —Sessional Paper No. 2/37-687.
Reports of the Bank of Canada 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. 2/37-688.
Report of the President of the Treasury Board on official languages in federal institutions for the fiscal year ended March 31, 2003, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 48.—Sessional Paper No. 2/ 37-689.
Report of the Freshwater Fish Marketing Corporation, together with the Auditor General's report, for the fiscal year ended March 31, 2003, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/37-690.
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 4:14 p.m. the Senate was continued until Tuesday, October 7, 2003, at 2:00 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Meighen substituted for that of the Honourable Senator Oliver (October 1).
The names of the Honourable Senators Chaput and Mahovlich substituted for those of the Honourable Senators Fitzpatrick and Hervieux-Payette (October 2).
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Fairbairn and Trenholme Counsell substituted for those of the Honourable Senators Trenholme Counsell and Cook (October 1).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Ringuette substituted for that of the Honourable Senator Cook (October 1).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Kenny and Downe substituted for those of the Honourable Senators Jaffer and Smith (October 1).
Standing Senate Committee on Aboriginal Peoples
The names of the Honourable Senators Massicotte, Wiebe and Harb substituted for those of the Honourable Senators Sibbeston, Pearson and Christensen (October 2).
The name of the Honourable Senator Austin removed from the membership (October 2).