Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 86
Tuesday, October 21, 2003
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Merchant, Milne, Moore, Nolin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Sibbeston, Smith, Sparrow, Spivak, St. Germain, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, *Chaput, Christensen, Cochrane, *Comeau, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gill, Grafstein, Graham, Gustafson, *Harb, Hays, Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, Kenny, *Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, *Léger, *Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Merchant, Milne, Moore, *Morin, Nolin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Sibbeston, Smith, Sparrow, Spivak, St. Germain, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
First Reading of Commons Public Bills
A Message was brought from the House of Commons with a Bill C-459, An Act to establish Holocaust Memorial Day, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, 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.
Notices of Motions
With leave of the Senate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Spivak:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have power to sit at 6:00 p.m. today, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Robichaud, P.C., tabled the following:
Replies to Questions No. 29 to 31, dated February 11, 2003, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act—Department of Human Resources Development.—Sessional Paper No. 2/37-741S.
Reply to Question No. 125, dated June 13, 2003, appearing on the Order Paper in the name of the Honourable Senator Lynch-Staunton, respecting the Anti-terrorism Act (Bill C-36, 1st Session, 37th Parliament).—Sessional Paper No. 2/37-742S.
With leave,
The Senate reverted to Notices of Motions.
With leave of the Senate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino:
That the Standing Senate Committee on Agriculture and Forestry have power to sit at 5:30 p.m. today or after the standing vote, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
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 Carstairs, P.C., seconded by the Honourable Senator Graham, P.C., for the second reading of Bill C-34, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence.
After debate,
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Grafstein, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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'',
And on the subamendment of the Honourable Senator Di Nino, seconded by the Honourable Senator Nolin, that the motion in amendment be amended
(a) by replacing the words "on page 126, by replacing lines 8 to 12'' with the following:
"(a) on page 126, by replacing lines 8 to 11'';
(b) by adding after the words "free from political influence'' the following:
"and bureaucratic patronage''; and
(c) by replacing the words "of the Commission. (2) An appointment is made on the basis of individual'' with the following:
"of the Commission.''; and
(b) on page 127, by adding after line 9 the following:
"(3) The qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i), and any qualification standards referred to in subsection (1), that are established for an appointment in respect of a particular position or class of positions shall apply to future appointments in respect of that position or class of positions, unless any change established by the deputy head or employer to the qualifications or qualification standards, as the case may be, is approved by the Public Service Commission.''.
After debate,
The question was put on the subamendment.
With leave of the Senate, a standing vote was deferred until 3:30 p.m. tomorrow, with the bells to sound at 3:00 p.m. for thirty minutes.
Second reading of Bill C-41, An Act to amend certain Acts.
A point of order was raised with respect to the long title of the Bill.
After debate,
The Speaker reserved his decision.
Second reading of Bill C-17, An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that the Bill be read the second time.
After debate,
The Honourable Senator Lynch-Staunton 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
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 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 question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Lapointe moved, seconded by the Honourable Senator Gill, 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.
Resuming debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Stratton, for the second reading of Bill S-16, An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate).
Debate.
DEFERRED VOTES
At 5:30 p.m., and pursuant to Rule 67, the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Gill to the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Joyal, P.C., for the third 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, as amended.
The question was put on the motion in amendment of the Honourable Senator Gill, seconded by the Honourable Senator Watt, that Bill C-6 be not now read the third time, but that it be read a third time this day six months hence.
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Adams, Andreychuk, Atkins, Beaudoin, Buchanan, Carney, Cochrane, Cools, Corbin, Di Nino, Eyton, Forrestall, Gill, Gustafson, Johnson, Kinsella, Lapointe, LeBreton, Lynch-Staunton, Nolin, Oliver, Prud'homme, Rivest, Robertson, Spivak, Stratton, Tkachuk, Watt—28
NAYS
The Honourable Senators
Austin, Banks, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cordy, Day, De Bané, Downe, Fairbairn, Finnerty, Fitzpatrick, Fraser, Furey, Graham, Hervieux-Payette, Hubley, Kenny, Kirby, Kolber, Kroft, LaPierre, Lavigne, Mahovlich, Massicotte, Merchant, Milne, Pearson, Phalen, Poulin, Poy, Ringuette, Robichaud, Roche, Rompkey, Sibbeston, Smith, Stollery, Trenholme Counsell, Wiebe—42
ABSTENTIONS
The Honourable Senators
Bacon, Ferretti Barth, Grafstein, Joyal, Moore—5
The question was then put on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Joyal, P.C., for the third 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, as amended.
The motion was adopted on the following vote:
YEAS
The Honourable Senators
Austin, Banks, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cordy, Day, De Bané, Downe, Fairbairn, Finnerty, Fitzpatrick, Fraser, Furey, Graham, Hervieux-Payette, Hubley, Kenny, Kirby, Kolber, Kroft, LaPierre, Lavigne, Mahovlich, Massicotte, Merchant, Milne, Pearson, Phalen, Poulin, Poy, Ringuette, Robichaud, Roche, Rompkey, Sibbeston, Smith, Stollery, Trenholme Counsell, Wiebe—42
NAYS
The Honourable Senators
Adams, Andreychuk, Atkins, Beaudoin, Buchanan, Cochrane, Cools, Corbin, Di Nino, Eyton, Forrestall, Gill, Gustafson, Johnson, Kinsella, Lapointe, LeBreton, Lynch-Staunton, Nolin, Oliver, Prud'homme, Rivest, Robertson, Spivak, Stratton, Tkachuk, Watt—27
ABSTENTIONS
The Honourable Senators
Bacon, Carney, Ferretti Barth, Grafstein, Joyal, Moore—6
Accordingly the Bill, as amended, 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 with certain amendments, to which they desire their concurrence.
OTHER BUSINESS
Senate Public Bills
The Senate resumed debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Stratton, for the second reading of Bill S-16, An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate).
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Watt, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Ordered, That all Senate Committees scheduled to sit today have power to sit while the Senate is sitting, and that Rule 95(4) be suspended in relation thereto.
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Ordered, That Order No. 2 under Commons Public Bills be brought forward.
Order No. 2 (Bill C-250) was called and postponed until the next sitting.
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Ordered, That Motion No. 151 standing in the name of the Honourable Senator LeBreton be brought forward.
MOTIONS
The Honourable Senator Senator LeBreton moved, seconded by the Honourable Senator Stratton:
That the Standing Senate Committee on Social Affairs, Science and Technology have power to sit at 3:30 p.m. on Wednesday, October 22, 2003, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
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Ordered, That all remaining Orders be postponed until the next sitting.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Poulin:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:10 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 Fisheries and Oceans
The name of the Honourable Senator Robichaud substituted for that of the Honourable Senator Cook (October 20).
Standing Senate Committee on National Finance
The name of the Honourable Senator Maheu added to the membership (October 20).
Standing Committee on Rules, Procedures and the Rights of Parliament
The names of the Honourable Senators Massicotte and Fairbairn substituted for those of the Honourable Senators Downe and Fraser (October 20).