Journals of the Senate
52 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 3
Wednesday, February 4, 2004
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, Chalifoux, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Kroft, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Sparrow, Spivak, Stollery, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Kroft, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Sparrow, Spivak, Stollery, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Special Report of the Canadian Human Rights Commission entitled: Protecting Their Rights: A Systemic Review of Human Rights in Correctional Services for Federally Sentenced Women, dated December 2003, pursuant to the Canadian Human Rights Act, S.C. 1998, c. 9, sbs. 61(2).—Sessional Paper No. 3/37-11.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Milne tabled the following (Sessional Paper No. 3/37-12S):
WEDNESDAY, February 4, 2004
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to table its
FIRST REPORT
Pursuant to Rule 104, your Committee reports that the expenses incurred by the Committee during the Second Session of the Thirty-Seventh Parliament were as follows:
Professional & Other Services $ 7,061.52 Witness Expenses 19,031.00 Total $ 26,092.52
During the Second Session of the Thirty-Seventh Parliament, your Committee met 51 times, totaling 73.6 hours, tabled or presented a total of 12 reports, and heard 52 witnesses.
In its First Report, which was tabled in the Senate on October 29, 2002, your Committee reported on its expenses and activities in the First Session of the Thirty-Seventh Parliament, pursuant to Rule 104.
On November 6, 2002, your Committee presented its Second Report regarding meetings of select committees during adjournments of the Senate. Pursuant to an order of reference from the Senate dated October 31, 2002, your Committee recommended that, for the purpose of Rule 95(3), select committees of the Senate be permitted to meet at any time on any weekday the Senate stands adjourned during a Senate sitting week.
The report was adopted by the Senate on November 7, 2002, with the addition of the words "Monday to Friday'' after the words "on any weekday''.
Your Committee's Third Report, which was presented on November 20, 2002, was pursuant to an order of reference from the Senate dated November 17, 2002, regarding authorization to travel by the Standing Senate Committee on National Security and Defence within and outside Canada. In its report, your Committee noted that the specific proposed trip that gave rise to the original motion has been postponed, and that as the order of reference raised a number of important issues, the deadline for reporting back to the Senate on this order of reference be deleted. The report was adopted by the Senate on November 21, 2002.
In its Fourth Report, which was presented on November 21, 2002, and approved by the Senate on February 5, 2003, your Committee considered the issue of depositing committee reports with the Clerk rather than tabling them in the chamber on a day when the Senate is sitting. Your Committee made a number of recommendations as to how such situations should be handled.
In its Fifth Report, which was presented on December 3, 2002, your Committee reported on an order of reference from the Senate dated October 31, 2002, regarding committee meetings during extended adjournments of the Senate. Your Committee sought to provide clarification and guidance for determining whether and when committees should meet during adjournments. It reiterated that committees should comply with the existing Rule 95(3) to obtain permission of the Senate to meet during extended adjournments, and recommended that a new procedure be put in place for urgent situations. The report was adopted by the Senate on December 10, 2002.
Your Committee's Sixth Report, presented on December 4, 2002, and adopted by the Senate on December 5, 2002, recommended, pursuant to an order of reference from the Senate dated November 5, 2002, that Rule 86(1)(o) of the Senate be amended to change the name and mandate of the Senate Committee on Fisheries to include "Oceans.''
On February 4, 2003, your Committee presented its Seventh Report regarding a proposal for a procedure to enable the Senate, following its approval of a report submitted by a select committee, to refer that report to the Government with a request for a comprehensive government response within 150 calendar days. The report recommended amendments to Rule 131 to establish the procedure. This report was adopted by the Senate on June 3, 2003.
Your Committee's Eighth Report, which was tabled in the Senate on April 10, 2003, was an interim report on the Government's ethics initiative — consisting of "Proposals to amend the Parliament of Canada Act (Ethics Commissioner) and other Acts as a consequence'' and "Proposals to amend the Rules of the Senate and the Standing Orders of the House of Commons to implement the 1997 Milliken-Oliver Report'' — which had been referred to your Committee on February 4, 2003.
On April 30, 2003, your Committee tabled an updated version of the Rules of the Senate dated April 2003 as its Ninth Report.
On May 14, 2003, your Committee, as its Tenth Report to the Senate, presented its report Bill C-15, An Act to amend the Lobbyists Registration Act, with one amendment. The report was adopted by the Senate on May 15, 2003, and the amendment was subsequently agreed to by the Senate and House.
Your Committee's Eleventh Report, which was presented on June 12, 2003, recommended amendments to subsections 5(2) and (3) of the Senators Attendance Policy. The report was adopted by the Senate on June 13, 2003.
On November 3, 2003, as its Twelfth Report, your Committee presented its report on Bill C-34, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence, which had been referred to it on October 27, 2003.
The bill was reported without amendment, but with a note about a clerical correction. The report was adopted by the Senate on November 3, 2003.
Respectfully submitted,
LORNA MILNE
Chair
Introduction and First Reading of Senate Public Bills
The Honourable Senator Lapointe presented a Bill S-6, An Act to amend the Criminal Code (lottery schemes).
The Bill was read the first time.
The Honourable Senator Lapointe moved, seconded by the Honourable Senator Fraser, 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.
The Honourable Senator Kinsella presented a Bill S-7, An Act respecting the effective date of the representation order of 2003.
The Bill was read the first time.
The Honourable Senator Kinsella moved, seconded by the Honourable Senator LeBreton, 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.
Presentation of Petitions
The Honourable Senator Gauthier presented petitions:
Of Residents of the Provinces of Ontario and Quebec with respect to declaring Ottawa officially bilingual.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
Resuming debate on the motion of the Honourable Senator Trenholme Counsell, seconded by the Honourable Senator Massicotte:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Adrienne Clarkson, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator LeBreton moved, seconded by the Honourable Senator Lynch-Staunton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
_________________________________________________________
With leave,
The Senate reverted to Tabling of Documents.
The Honourable Senator Rompkey, P.C., tabled the following:
Document entitled: Ethics, Responsibility, Accountability: An Action Plan for Democratic Reform.—Sessional Paper No. 3/37-13.
MOTIONS
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Fairbairn, P.C.:
That the following resolution, encapsulating the 2002 Berlin OSCE (PA) Resolution, be referred to the Standing Senate Committee on Human Rights for consideration and report before June 30, 2004:
WHEREAS Canada is a founding member State of the Organization for Security and Economic Co-operation in Europe (OSCE) and the 1975 Helsinki Accords;
WHEREAS all the participating member States to the Helsinki Accords affirmed respect for the right of persons belonging to national minorities to equality before the law and the full opportunity for the enjoyment of human rights and fundamental freedoms and further that the participating member States recognized that such respect was an essential factor for the peace, justice and well-being necessary to ensure the development of friendly relations and co-operation between themselves and among all member States;
WHEREAS the OSCE condemned anti-Semitism in the 1990 Copenhagen Concluding Document and undertook to take effective measures to protect individuals from anti-Semitic violence;
WHEREAS the 1996 Lisbon Concluding Document of the OSCE called for improved implementation of all commitments in the human dimension, in particular with respect to human rights and fundamental freedoms and urged participating member States to address the acute problem of anti-Semitism;
WHEREAS the 1999 Charter for European Security committed Canada and other participating members States to counter violations of human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief and manifestations of intolerance, aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism;
WHEREAS on July 8, 2002, at its Parliamentary Assembly held at the Reichstag in Berlin, Germany, the OSCE passed a unanimous resolution, as appended, condemning the current anti-Semitic violence throughout the OSCE space;
WHEREAS the 2002 Berlin Resolution urged all member States to make public statements recognizing violence against Jews and Jewish cultural properties as anti-Semitic and to issue strong, public declarations condemning the depredations;
WHEREAS the 2002 Berlin Resolution called on all participating member States to combat anti-Semitism by ensuring aggressive law enforcement by local and national authorities;
WHEREAS the 2002 Berlin Resolution urged participating members States to bolster the importance of combating anti-Semitism by exploring effective measures to prevent anti-Semitism and by ensuring that laws, regulations, practices and policies conform with relevant OSCE commitments on anti-Semitism;
WHEREAS the 2002 Berlin Resolution also encouraged all delegates to the Parliamentary Assembly to vocally and unconditionally condemn manifestations of anti-Semitic violence in their respective countries;
WHEREAS the alarming rise in anti-Semitic incidents and violence has been documented in Canada, as well as Europe and worldwide.
Appendix
RESOLUTION ON ANTI-SEMITIC VIOLENCE
IN THE OSCE REGION
Berlin, 6 - 10 July 20021. Recalling that the OSCE was among those organizations which publicly achieved international condemnation of anti-Semitism through the crafting of the 1990 Copenhagen Concluding Document;
2. Noting that all participating States, as stated in the Copenhagen Concluding Document, commit to "unequivocally condemn'' anti-Semitism and take effective measures to protect individuals from anti-Semitic violence;
3. Remembering the 1996 Lisbon Concluding Document, which highlights the OSCE's "comprehensive approach'' to security, calls for "improvement in the implementation of all commitments in the human dimension, in particular with respect to human rights and fundamental freedoms'', and urges participating States to address "acute problems'', such as anti-Semitism;
4. Reaffirming the 1999 Charter for European Security, committing participating States to "counter such threats to security as violations of human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief and manifestations of intolerance, aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism'';
5. Recognizing that the scourge of anti-Semitism is not unique to any one country, and calls for steadfast perseverance by all participating States;
The OSCE Parliamentary Assembly:
6. Unequivocally condemns the alarming escalation of anti-Semitic violence throughout the OSCE region;
7. Voices deep concern over the recent escalation in anti-Semitic violence, as individuals of the Judaic faith and Jewish cultural properties have suffered attacks in many OSCE participating States;
8. Urges those States which undertake to return confiscated properties to rightful owners, or to provide alternative compensation to such owners, to ensure that their property restitution and compensation programmes are implemented in a non-discriminatory manner and according to the rule of law;
9. Recognizes the commendable efforts of many post-communist States to redress injustices inflicted by previous regimes based on religious heritage, considering that the interests of justice dictate that more work remains to be done in this regard, particularly with regard to individual and community property restitution compensation;
10. Recognizes the danger of anti-Semitic violence to European security, especially in light of the trend of increasing violence and attacks regions wide;
11. Declares that violence against Jews and other manifestations of intolerance will never be justified by international developments or political issues, and that it obstructs democracy, pluralism, and peace;
12. Urges all States to make public statements recognizing violence against Jews and Jewish cultural properties as anti-Semitic, as well as to issue strong, public declarations condemning the depredations;
13. Calls upon participating States to ensure aggressive law enforcement by local and national authorities, including thorough investigation of anti-Semitic criminal acts, apprehension of perpetrators, initiation of appropriate criminal prosecutions and judicial proceedings;
14. Urges participating States to bolster the importance of combating anti-Semitism by holding a follow-up seminar or human dimension meeting that explores effective measures to prevent anti-Semitism, and to ensure that their laws, regulations, practices and policies conform with relevant OSCE commitments on anti- Semitism; and
15. Encourages all delegates to the Parliamentary Assembly to vocally and unconditionally condemn manifestations of anti-Semitic violence in their respective countries and at all regional and international forums.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Keon, 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 on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the year 2001, pursuant to the Act, S.C. 1992, c. 52, s. 28.—Sessional Paper No. 3/37-3.
Report on the operations under the Canada Water Act for the fiscal year ended March 31, 2001, pursuant to the Act, R.S.C. 1985, c. C-11, s. 38.—Sessional Paper No. 3/37-4.
Report on the operations under the Canada Water Act for the fiscal year ended March 31, 2002, pursuant to the Act, R.S.C. 1985, c. C-11, s. 38.—Sessional Paper No. 3/37-5.
Report of the National Research Council of Canada for the fiscal year ended March 31, 2003, pursuant to the National Research Council Act, R.S.C. 1985, c. N-15, s. 17.—Sessional Paper No. 3/37-6.
Report of the Commissioner of Competition for the fiscal year ended March 31, 2003, pursuant to the Competition Act, R.S.C. 1985, c. 19 (2nd Supp.), s. 127.—Sessional Paper No. 3/37-7.
Report of the Copyright Board for the fiscal year ended March 31, 2003, pursuant to the Copyright Act, R.S.C. 1985 (4th Supp.), c. 10, s. 12.—Sessional Paper No. 3/37-8.
Reports of the Natural Sciences and Engineering Research Council 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. 3/37-9.
Reports of the Department of Industry 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. 3/37-10.
ADJOURNMENT
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:58 p.m. the Senate was continued until 1:30 p.m. tomorrow.)