Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 91
Wednesday, October 29, 2003
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Doody, Downe, Eyton, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Merchant, Milne, Moore, Morin, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, 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, Baker, Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, *Di Nino, Doody, Downe, Eyton, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, *Kenny, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Merchant, Milne, Moore, Morin, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Smith, Sparrow, Spivak, St. Germain, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Notices of Motions
With leave of the Senate,
The Honourable Senator Furey moved, seconded by the Honourable Senator Gill:
That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit at 3:30 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.
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 Kinsella, seconded by the Honourable Senator Atkins, that the Bill be not now read a third time but that it be amended
(a) in clause 2
(i) on page 8, by replacing lines 27 to 32 with the following:
"include, among other things, harassment in the workplace.'', and
(ii) on page 99, by adding after line 8, the following:
"PART 2.1
PROTECTION OF WHISTLEBLOWERS
Definitions
238.1 The following definitions apply in this Part.
"Commissioner'' means the commissioner of the Public Service Commission who has been designated as Public Interest Commissioner under section 238.3.
"employee'' has the same meaning as in Part 2.
"law in force in Canada'' means a provision of an Act of Parliament or of the legislature of a province or an instrument issued under the authority of such an Act that is in force at the relevant time.
"minister'' means a member of the Queens Privy Council for Canada who holds office as a minister of the Crown.
"wrongful act or omission'' means an act or omission that is:
(a) an offence against a law in force in Canada;
(b) likely to cause a significant waste of public money;
(c) likely to endanger public health or safety or the environment;
(d) a significant breach of an established public policy or of a directive in the written record of the public service; or
(e) one of gross mismanagement or an abuse of authority.
Purpose
Purpose
238.2 The purpose of this Part is
(a) to provide for the education of persons working in the public service on ethical practices in the workplace and the promotion of the observance of these practices;
(b) to protect the public interest by providing a means for employees of the public service to make allegations, in confidence, of wrongful acts or omissions in the workplace, to an independent Commissioner who will investigate them and seek to have the situation dealt with, and who will report to Parliament in respect of problems that are confirmed but have not been dealt with; and
(c) to protect employees of the public service from retaliation for having made or for proposing to make, in good faith and on the basis of reasonable belief, allegations of wrongdoing in the workplace.
Public Interest Commissioner
Designation
238.3.(1) The Governor in Council shall designate one of the commissioners of the Public Service Commission to serve as Public Interest Commissioner.
Part of role of Commission
(2) The role of Public Interest Commissioner is a part of the function of the Public Service Commission.
Powers
(3) The Commissioner may exercise the powers of office of a commissioner of the Public Service Commission for the purposes of this Part.
Information made public
238.4 (1) Subject to section 238.9, the Commissioner may make public any information that comes to the attention of the Commissioner as a result of the performance or exercise of the Commissioner's duties or powers under this Part if, in the Commissioner's opinion, it is in the public interest to do so.
Disclosure of necessary information
(2) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information that, in the Commissioner's opinion, is necessary to
(a) conduct an investigation under this Part; or
(b) establish the grounds for findings or recommendations contained in any report made under this Part.
Disclosure in the course of proceedings
(3) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information necessary to assist
(a) a prosecution for an offence under section 238.20; or
(b) a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part.
Disclosure of offence
(4) The Commissioner may disclose to the Attorney General of Canada or of a province, as the case may be, information relating to the commission of an offence against any law in force in Canada that comes to the attention of the Commissioner as a result of the performance or exercise of the Commissioner's duties or powers under this Part if, in the Commissioner's opinion, there is evidence of an offence.
Not competent witness
238.5 The Commissioner or person acting on behalf or under the direction of the Commissioner is not a competent witness in respect of any matter that comes to their knowledge as a result of the performance or exercise of the Commissioner's duties or powers under this Part in any proceeding other than
(a) a prosecution for an offence under section 238.20; or
(b) a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part.
Protection of Commissioner
238.6 (1) No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith as a result of the performance or exercise or purported performance or exercise of the Commissioner's duties or powers under this Part.
Libel or slander
(2) For the purposes of any law relating to libel or slander,
(a) anything said, any information supplied or any record or thing produced in good faith and on the basis of reasonable belief in the course of an investigation carried out by or on behalf of the Commissioner under this Part is privileged; and
(b) any report made in good faith by the Commissioner under this Part and any fair and accurate account of the report made in good faith for the purpose of news reporting is privileged.
Education
Dissemination
238.7 The Commissioner shall promote ethical practices in the public service and a positive environment for giving notice of wrongdoing, by disseminating knowledge of this Part and information about its purposes and processes and by such other means as seem fit to the Commissioner.
Notice of Wrongful Act or Omission
Notice by employee
238.8 (1) An employee who has reasonable grounds to believe that another person working for the public service or in the public service workplace has committed or intends to commit a wrongful act or omission
(a) may file with the Commissioner a written notice of allegation; and
(b) may request that their identity be kept confidential with respect to the notice.
Form and content
(2) A notice under subsection (1) shall identify
(a) the employee making the allegation, and be signed by that person;
(b) the person against whom the allegation is being made; and
(c) the grounds on which the employee believes that the act or omission is wrongful and has been or will be committed, giving the particulars that are known to the employee and the reasons and the grounds on which the employee believes the particulars to be true.
No breach of oath
(3) A notice by an employee to the Commissioner under subsection (1), given in good faith and on the basis of reasonable belief, is not a breach of any oath of office or loyalty or secrecy taken by the employee and, subject to subsection (4), is not a breach of duty.
Solicitor-client privilege
(4) No employee, in giving notice under subsection (1), may violate any law in force in Canada or rule of law protecting privileged communications as between solicitor and client, unless the employee has reasonable grounds to believe there is a significant threat to public health or safety.
Waiver
(5) An employee who has made a request under paragraph (1)(b) may waive the request or any resulting right to confidentiality, in writing, at any time.
Rejected notice
(6) Where the Commissioner is not able or willing to give an assurance of confidentiality in response to a request made under paragraph (1)(b), the Commissioner may reject the notice and take no further action on it, but shall keep it confidential.
Confidentiality
238.9 Subject to subsection 238.11(5) and any other obligation of the Commissioner under this Part or any law in force in Canada, the Commissioner shall keep confidential the identity of an employee who has filed a notice with the Commissioner under subsection 238.8(1) and to whom the Commissioner has given an assurance that, subject to this Part, their identity will be kept confidential.
Initial review
238.10 On receiving a notice under subsection 238.8(1), the Commissioner shall review it, may ask the employee for further information and may make such further inquiries as, in the opinion of the Commissioner, may be necessary.
Rejected notices
238.11 (1) The Commissioner shall reject and take no further action on a notice given under subsection 238.8(1), if the Commissioner makes a preliminary determination that the notice
(a) is trivial, frivolous or vexatious;
(b) fails to allege or give adequate particulars of a wrongful act or omission;
(c) breaches subsection 238.8(4); or
(d) was not given in good faith or on the basis of reasonable belief.
False statements
(2) The Commissioner may determine that a notice that contains a statement that the employee knew to be false or misleading at the time it was made was not given in good faith.
Mistaken facts
(3) The Commissioner shall not determine that a notice was not given in good faith for the sole reason that it contains mistaken facts unless the Commissioner has grounds to believe that there was adequate opportunity for the employee to discover the mistake.
Report
(4) Where the Commissioner has made a determination under subsection (1), the Commissioner shall, in writing and on a timely basis, advise the employee who gave notice under subsection 238.8(1) of that determination.
Report to official and minister
(5) Where the Commissioner determines under subsection (1) that a notice was given in breach of subsection 238.8(4) or was not given in good faith and on the basis of reasonable belief, the Commissioner may advise
(a) the person against whom the allegation was made, and
(b) the minister responsible for the employee who gave the notice of the matters alleged and the identity of the employee.
Valid notice
238.12 (1) The Commissioner shall accept a notice given under subsection 238.8(1) where the Commissioner determines that the notice
(a) is not trivial, frivolous or vexatious;
(b) alleges and gives adequate particulars of a wrongful act or omission;
(c) does not breach subsection 238.8(4); and
(d) was given in good faith and on the basis of reasonable belief.
Report to employee
(2) Where the Commissioner has made a determination under subsection (1), the Commissioner shall, in writing and on a timely basis, advise the employee who gave notice under subsection 238.8(1) of that determination.
Investigation and Report
Investigation
238.13 (1) The Commissioner shall investigate a notice accepted under section 238.12, and, subject to subsection (2), shall prepare a written report of the Commissioner's findings and recommendations.
Report not required
(2) The Commissioner is not required to prepare a report if satisfied that
(a) the employee ought to first exhaust other procedures available to the employee;
(b) the matter could more appropriately be dealt with, initially or completely, by means of a procedure provided for under a law in force in Canada other than this Part; or
(c) the length of time that has elapsed between the time the wrongful act or omission that is the subject- matter of the notice occurred and the date when the notice was filed is such that a report would not serve a useful purpose.
Report to employee
(3) Where the Commissioner has made a determination under subsection (2), the Commissioner shall, in writing and on a timely basis, advise the employee who gave notice under subsection 238.8(1) of that determination.
Confidential information
(4) Information related to an investigation is confidential and shall not be disclosed, except in accordance with this Part.
Report to minister
(5) The Commissioner shall provide the minister responsible for the employee against whom an allegation has been made, on a timely basis and in no case later than one year after the Commissioner receives the notice, with a copy of the report made under subsection (1).
Minister's response
238.14 (1) A minister who receives a report under subsection 238.13(5) shall consider the matter and respond to the Commissioner.
Content of response
(2) The response of a minister under subsection (1) shall specify the action the minister has taken or proposes to take to deal with the Commissioner's report, or that the minister proposes to take no action.
Further responses
(3) A minister who, for the purposes of this section, specifies action proposed to be taken shall give such further responses as are requested by the Commissioner until such time as the minister advises that the matter has been dealt with.
Emergency public report
238.15 (1) The Commissioner may require the President of the Treasury Board to cause an emergency report prepared by the Commissioner to be laid before both Houses of Parliament on the next day that the House sits if, in the Commissioner's opinion, it is in the public interest to do so.
Content of report
(2) A report prepared by the Commissioner for the purposes of subsection (1) shall describe the substance of a report made to a minister under subsection 238.13(5) and the minister's response or lack thereof under section 238.14.
Annual report
238.16 (1) The Public Service Commission shall include in the annual report to Parliament made pursuant to section 23 of the Public Service Employment Act a statement of activity under this Act prepared by the Commissioner that includes
(a) a description of the Commissioner's activities under section 238.7;
(b) the number of notices received pursuant to section 238.8;
(c) the number of notices rejected pursuant to sections 238.8 and 238.11
(d) the number of notices accepted pursuant to section 238.12;
(e) the number of accepted notices that are still under investigation pursuant to subsection 238.13(1);
(f) the number of accepted notices that were reported to ministers pursuant to subsection 238.13(5);
(g) the number of reports to ministers pursuant to subsection 238.13(5) in respect of which action satisfactory to the Commissioner has been taken;
(h) the number of reports to ministers pursuant to subsection 238.13(5) in respect of which action satisfactory to the Commissioner has not been taken;
(i) an abstract of the substance of all reports to ministers pursuant to subsection 238.13(5) and the responses of ministers pursuant to section 238.14; and
(j) where the Commissioner is of the opinion that the public interest would be best served, the substance of an individual report made to a minister pursuant to subsection 238.13(5) and the response or lack thereof of a minister pursuant to section 238.14.
Annual report
(2) The Public Service Commission may include in the annual report to Parliament made pursuant to section 23 of the Public Service Employment Act an analysis of the administration and operation of this Part and any recommendations with respect to it.
Prohibitions
False information
238.17 (1) No person shall give false information to the Commissioner or to any person acting on behalf or under the direction of the Commissioner while the Commissioner or person is engaged in the performance or exercise of the Commissioner's duties or powers under this Part.
Bad faith
(2) No employee shall give a notice under subsection 238.8(1) in bad faith.
No disciplinary action
238.18 (1) No person shall take disciplinary action against an employee because
(a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed or stated an intention to disclose to the Commissioner that a person working for the public service or in the public service workplace has committed or intends to commit a wrongful act or omission;
(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention to refuse to commit an act or omission the employee believes would be a wrongful act or omission under this Part;
(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order to comply with this Part; or
(d) the person believes that the employee will do anything referred to in paragraph (a), (b) or (c).
Definition
(2) In this section, "disciplinary action'' means any action that adversely affects the employee or any term or condition of the employee's employment or adversely affects the employee's opportunity for future employment within or outside the public service, and includes:
(a) harassment;
(b) financial penalty;
(c) affecting seniority;
(d) suspension or dismissal;
(e) denial of meaningful work or demotion;
(f) denial of a benefit of employment;
(g) refusing to give a reference; or
(h) any other action that is disadvantageous to the employee.
Rebuttable presumption
(3) A person who takes disciplinary action against an employee within two years after the employee gives a notice to the Commissioner under subsection 238.8(1) shall be presumed, in the absence of a preponderance of evidence to the contrary, to have taken the disciplinary action against the employee contrary to subsection (1).
Disclosure prohibited
238.19 (1) Except as authorized by this Part or any other law in force in Canada, no person shall disclose to any other person the name of the employee who has given a notice under subsection 238.8(1) and has requested confidentiality under that subsection, or any other information the disclosure of which reveals the employee's identity, which may include the existence or nature of a notice, without the employee's consent.
Exception
(2) Subsection (1) does not apply where the notice was given in breach of subsection 238.8(4) or was not given in good faith and on the basis of reasonable belief.
Enforcement
Offences and punishment
238.20 A person who contravenes subsection 238.8(4), section 238.17, or subsection 238.18(1) or 238.19(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000.
Employee Recourse
Recourse available
238.21 (1) An employee against whom disciplinary action is taken contrary to section 238.18 is entitled to use every recourse available to the employee under the law, including grievance proceedings provided for under an Act of Parliament or otherwise.
Recourse not lost
(2) An employee may seek recourse as described in subsection (1) whether or not proceedings based upon the same allegations of fact are or may be brought under section 238.20.
Benefit of presumption
(3) In any proceedings of a recourse referred to in subsection (1), the employee is entitled to the benefit of the presumption established in subsection 238.18(3).
Transitional
(4) Where grievance proceedings are current or pending on the coming into force of this Part, the proceedings shall be dealt with and disposed of as if this Part had not been enacted.''; and
(b) in clause 8 on page 108,
(i) by striking out lines 13 to 20, and
(ii) by relettering paragraphs 11.1(1)(i) and 11.1(1)(j) as paragraphs 11.1(1)(h) and 11.1(1)(i) and any cross references thereto accordingly; and
(c) in clause 88 on page 193, by adding after line 17, the following:
"88.1 Schedule II to the Act is amended by adding the following in alphabetical order:
Public Service Labour Relations Act
section 238.9, subsection 238.13(4), section 238.19Loi sur les relations de travail dans la fonction publique
article 238.9, paragraphe 238.13(4), article 238.19.''.
After debate,
The question was put on the motion in amendment.
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.
Order No. 3 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Smith, P.C., seconded by the Honourable Senator Léger, for the second reading of Bill C-49, An Act respecting the effective date of the representation order of 2003.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Tkachuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The order was called for the second reading of Bill C-41, An Act to amend certain Acts.
SPEAKER'S RULING
Yesterday, Tuesday, October 28, Senator Kinsella raised a point of order to again challenge proceedings on Bill C- 41. It followed my ruling addressing a point of order that had been brought up in connection with the rule of anticipation. This new point of order invokes the same question rule which prohibits the consideration of substantially the same question a second time once the Senate has pronounced itself. In substantiating his position, the Deputy Leader of the Opposition cited Rule 63(1) of the Rules of the Senate which provides that:
A motion shall not be made which is the same in substance as any question which, during the session, has been resolved in the affirmative or negative, unless the order, resolution, or other decision on such question has been rescinded ...
In this case, the Senator is claiming that since clause 30 of Bill C-41 is identical to an amendment that had been proposed and negatived to Bill C-25 at third reading, it is no longer possible to proceed with the consideration of Bill C-41 because of the same question rule. Various authorities and precedents were cited to bolster this position. References were made to Erskine May, the British parliamentary authority, as well as to Beauchesne, the standard Canadian text, and a ruling of Speaker Francis from the other place.
Senator Robichaud challenged this point of order and expressed doubt about Senator Kinsella's interpretation of the same question rule. The Deputy Leader of the Government also took note of the fact that this is the fourth point of order with respect to Bill C-41. Points of order have been raised continually and has thus far kept the Senate from considering the second reading motion. Senator Robichaud raised some concern about possible obstruction.
Other Senators participated in the debate including Senator Prud'homme, Senator Bryden, Senator Lynch- Staunton, Senator Rompkey, and Senator Nolin. After their interventions, Senator Kinsella reiterated his basic position and stated that "the rule is clear: You cannot bring the same question before us again.''
I wish to thank all Honourable Senators for their contribution to my understanding of this point of order. I have considered the arguments that were made and I have reviewed the relevant authorities. I am now ready to make my ruling.
The same question rule, as Senator Kinsella explained, is an established part of parliamentary practice. In fact, I believe, the same question rule is observed in many parliaments and legislatures patterned on the British model. In the Senate, as was pointed out, it is also an explicit part of our rules. The purpose of the same question rule is to avoid the wastage of time and effort in reconsidering a question that is already a decision of the House.
To do otherwise, to ignore the integrity of the decision, would lead to an abuse of process. Within this context, the same question rule applies only to questions that are moved and decided in the Senate. It cannot apply to questions that are received from the other place. The rule is not intended to thwart the ability of the Senate to properly pursue its work, particularly in the consideration of legislation, including bills that come to the Senate from the other place.
Essentially, I am being asked to rule Bill C-41, or a part of it, out of order because it contains a provision, clause 30, that is identical to a third reading amendment to Bill C-25 that was moved and defeated. To accede to this request, I must be satisfied that the question before the Senate is one that has been previously moved in the Senate and that it is the same in substance.
Is this in fact the case? There is little doubt that the defeated amendment to Bill C-25 is identical to clause 30. This fact alone does not fully meet the requirements of the same question rule. It is not sufficient in itself to oblige me to rule all or part of Bill C-41 out of order. Bill C-41 comes to the Senate from the House of Commons; it is a legislative measure that proposes to amend or correct a number of laws, including Bill C-25. Clause 30 is only one element of this bill. According to my reading, Bill C-41 seeks to change more than ten Acts. Clause 30 is not the only question that is being placed before the Senate to resolve through this bill.
To accept the point of order, it would be necessary to sacrifice the consideration of all the other elements of Bill C- 41 that are obviously different questions. Such a proposition is clearly unacceptable. Alternatively, I am being asked to suppress clause 30, but this too is unacceptable because it would impose what is in effect an amendment by the Speaker. I do not believe that I have the authority to take such action, even if it were appropriate.
The same question rule has been invoked to prevent consideration of Bill C-41 in its present form because one element of it is identical to a defeated amendment to Bill C-25. The same question rule cannot be used this way. It would be too restrictive and would prevent the Senate from properly carrying out its work. Rule 63(1) states that "a motion shall not be made which is the same in substance as any question which, during the same session, has been resolved in the affirmative or negative ...'' Clause 30 is not a discrete question; it is a part of Bill C-41. Unlike the defeated amendment to Bill C-25, clause 30 has not been proposed in the Senate either as a motion or an amendment; it is part of a bill from the House of Commons. Moreover, there is no doubt that Bill C-41 is not the same "in substance'' to Bill C-25 or to the defeated amendment. Bill C-41 has been duly passed by the House of Commons and has been placed before the Senate for its consideration. The task of the Senate is to review this bill in accordance with established practices and procedures.
It is my ruling that there is no point of order in this case and the Senate should now proceed to the second reading of Bill C-41.
Second reading of Bill C-41, An Act to amend certain Acts.
The Honourable Senator Bryden moved, seconded by the Honourable Senator Poy, that the Bill be read the second time.
Debate.
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With leave of the Senate,
The Honourable Senator Kroft moved, seconded by the Honourable Senator Moore:
That the Standing Senate Committee on Banking, Trade and Commerce have power to sit at 4:00 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.
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The Senate resumed debate on the motion of the Honourable Senator Bryden, seconded by the Honourable Senator Poy, for the second reading of Bill C-41, An Act to amend certain Acts.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Bryden moved, seconded by the Honourable Senator Mahovlich, 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.
Second reading of Bill C—50, An Act to amend the statute law in respect of benefits for veterans and the children of deceased veterans.
The Honourable Senator Cordy moved, seconded by the Honourable Senator Finnerty, that the Bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Cordy moved, seconded by the Honourable Senator Harb, that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Second reading of Bill C-45, An Act to amend the Criminal Code (criminal liability of organizations).
The Honourable Senator Moore moved, seconded by the Honourable Senator Losier-Cool, that the Bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Moore moved, seconded by the Honourable Senator Wiebe, 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.
Second reading of Bill C-53, An Act to change the names of certain electoral districts.
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Cordy, that the Bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., 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.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
Third reading of Bill S-3, An Act to amend the National Anthem Act to include all Canadians.
The Honourable Senator Poy moved, seconded by the Honourable Senator Milne, that the Bill be read the third time.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Cordy, 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.
Second reading of Bill S-24, An Act to amend the Royal Canadian Mounted Police Act (modernization of employment and labour relations).
The Honourable Senator Nolin moved, seconded by the Honourable Senator Prud'homme, P.C., that the Bill be read the second time.
Debate.
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Ordered, That the Standing Senate Committee on Foreign Affairs have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.
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The Senate resumed debate on the motion of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., for the second reading of Bill S-24, An Act to amend the Royal Canadian Mounted Police Act (modernization of employment and labour relations).
After debate,
The Honourable Senator Bryden moved, seconded by the Honourable Senator Rompkey, P.C., 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 Motion No. 165 standing in the name of the Honourable Senator Bacon be brought forward.
MOTIONS
The Honourable Senator Senator Bacon moved, seconded by the Honourable Senator Robertson:
That the Clerk's Accounts, tabled on October 27, 2003, be referred to the Standing Committee on Internal Economy, Budgets and Administration.
The question being put on the motion, it was adopted.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
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Ordered, That all remaining Orders be postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Security Intelligence Review Committee for the fiscal year ended March 31, 2003, pursuant to the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23, s. 53. —Sessional Paper No. 2/37-766.
Summaries of the Corporate Plan for the period 2003-2004 to 2007-2008 and of the Operating and Capital Budgets of the Canadian Dairy Commission for the dairy year ending July 31, 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-767.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:49 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 Legal and Constitutional Affairs
The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Banks (October 28).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Fairbairn (October 28).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Gustafson substituted for that of the Honourable Senator Tkachuk (October 29).