Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 6
Wednesday, February 11, 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, Buchanan, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, 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, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Buchanan, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, 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, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the memory of the Right Honourable Robert L. Stanfield, P.C., former Leader of the Progressive Conservative Party of Canada, whose death occurred December 16, 2003.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Banks, tabled the following (Sessional Paper No. 3/37-25S):
WEDNESDAY, February 11, 2004
The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104, that the expenses incurred by the Committee during the Second Session of the Thirty-seventh Parliament are as follows:
1. With respect to its examination and consideration of legislation:
Professional Services $ 6,906 Transportation — Other, Miscellaneous 198 Total $ 7,104 Witness expenses $ 46,995
2. With respect to its study on issues relating to energy, the environment and natural resources:
Professional Services $ 8,614 Transportation 100,162 Other, Miscellaneous 1,892 Total $ 110,668 Witness expenses $ 8,512
Your Committee notes that witness expenses are not paid out of the budgets of individual committees.
During the Second Session of the Thirty-Seventh Parliament, your Committee reviewed seven (7) bills (C-42, C-9, C- 2, C-4, C-14, C-5 and S-10), conducted a special study, met 39 times, totalling 64.8 hours, tabled or presented a total of 10 reports, and heard 121 witnesses.
In its First Report, which was tabled in the Senate on October 24, 2002, your Committee reported on its expenses and activities in the First Session of the Thirty-Seventh Parliament, pursuant to Rule 104.
On December 4, 2002, your Committee presented its Second Report on Bill C-14, An Act providing for controls on the export, import or transit across Canada of rough diamonds and for a certification scheme for their export in order to meet Canada's obligations under the Kimberley Process (Export and Import of Rough Diamonds Act), which had been referred to it on November 26, 2002. The bill was reported without amendment.
Your Committee's Third Report, which was presented on December 4, 2002, was pursuant to an order of reference from the Senate dated October 22, 2002, on Bill C-5, An Act respecting the protection of wildlife species at risk in Canada. The bill was reported without amendment. The report contained observations acknowledging the importance of the legislative initiative to protect species at risk in this country and that future legislation should address outstanding concerns and further strengthen the existing legislation.
Your Committee's Fourth Report, presented in the Senate on December 5, 2002, requested financing for its study on emerging issues related to its mandate. The Senate adopted the report on December 5, 2002.
In its Fifth Report, which was presented on February 6, 2003, your Committee considered Bill C-4, An Act to amend the Nuclear Safety and Control Act pursuant to its order of reference of December 12, 2002. The bill was reported without amendment.
The Sixth Report of the Committee was presented to the Senate on April 3, 2003, in accordance to the Procedural Guidelines for the Financial Operation of Senate Committees. (Administrative Report).
As its Seventh Report, your Committee presented its report on Bill C-2, An Act to establish a process for assessing the environmental and socio-economic effects of certain activities in Yukon, which had been referred to it on April 3, 2003. The Committee heard 14 witnesses and reported the Bill to the Senate without amendment on May 1, 2003.
On April 3, 2003 the Committee was authorized to examine and report on Bill C-9, An Act to amend the Canadian Environmental Assessment Act. On June 4, 2003, the Committee presented its Eighth Report to the Senate without amendment.
On September 18, 2003, as its Ninth Report, your Committee presented its report on Bill S-10, An Act concerning personal watercraft in navigable waters, which had been referred to it on February 25, 2003. The Committee heard 19 witnesses and reported the Bill to the Senate.
The Tenth Report of the Committee was presented to the Senate on September 18, 2003 and dealt with Bill C-42, An Act respecting the protection of the Antarctic Environment. The Bill was referred to the Committee on September 17, 2003. The Bill was reported without amendment.
On November 7, 2002, your Committee received an order of reference to examine emerging issues related to its mandate. Under this order of reference, the Committee chose to study specific aspects of the government's plans for implementing the Kyoto Protocol. In particular, the Committee chose to focus on the One-Tonne Challenge, the government's call for each individual Canadian to reduce his or her emissions of greenhouse gases by one tonne per year. The Committee heard from 36 witnesses during 35 hours of hearings. The witnesses included government officials, and outside experts ranging from academics to representatives from a range of business, utility and environmental organizations. The Committee also met with the Commissioner of Environment and Sustainable Development and the President of the National Roundtable on the Environment and the Economy.
During this session, Committee members also conducted fact-finding missions to California (18-20 March 2003) and to Washington D.C. ( 6-9 October 2003).
The Committee travelled to California for discussions focussed on, but not limited to, promotion of alternative energy sources, experience with emissions trading, and programs and incentives aimed at helping individuals reduce their greenhouse gas emissions. Between March 18 and 20, members met with more than 20 individuals representing seven different agencies and organizations. Experience with electricity deregulation and the consequent price and supply crisis in the State were also discussed with officials from the State's largest utility.
In Washington, Committee members held discussions with more than 30 individuals representing nine departments or organizations. The Canadian Ambassador to the U.S., the Deputy Secretary of Energy and the President's Advisor on Environmental Quality were among the many highly informative people with whom members met. Topics for discussion ranged from energy efficiency programs and practices, and the U.S. approach to reducing greenhouse gas emissions, to the August electricity blackout, clean coal technology, hydrogen research, U.S. energy policy development and air quality regulation.
The work of the Committee on the special study was interrupted by the prorogation of the Session before a report could be prepared.
Respectfully submitted,
TOMMY BANKS
Chair
The Honourable Senator Oliver tabled the following (Sessional Paper No. 3/37-26S):
WEDNESDAY, February 11, 2004
The Standing Senate Committee on Agriculture and Forestry has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104, that the expenses of the Committee during the Second Session of the Thirty-seventh Parliament were as follows:
With respect to its special study into the impact of climate change on Canada's agriculture, forests and rural communities and the potential adaptation options focusing on primary production, practices, technologies, ecosystems and other related areas:
Professional and Other Services $ 44,857 Transportation and Communications 88,946 All Other Expenditures 2,793 Witness Expenses 38,644 Total $ 175,240
Your Committee tabled its final report entitled: Climate Change: We Are At Risk in November 2003. During this study, your Committee heard from 109 witnesses over 32 meetings and made 7 recommendations in its final report.
With respect to its special study into issues related to the development and domestic and international marketing of value-added agricultural, agri-food and forest products:
Professional and Other Services $ 1,203 Transportation and Communications — All Other Expenditures 6 Witness Expenses 1,609 Total $ 2,818
During this session, your Committee heard from 137 witnesses, held 42 meetings and issued 6 reports.
Respectfully submitted,
DONALD H. OLIVER
Chair
The Honourable Senator Fraser tabled the following (Sessional Paper No. 3/37-27S):
WEDNESDAY, February 11, 2004
The Standing Senate Committee on Transport and Communications has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104, that the expenses incurred by the Committee during the Second Session of the Thirty-seventh Parliament are as follows:
1. With respect to its examination of legislation:
Professional and Other Services $ 1,243 Transport and Communications — Other Expenditures — Total $ 1,243 Witness Expenses $ 43
2. With respect to its study of issues facing the intercity busing industry:
Professional and Other Services $ 4,153 Transport and Communications — Other Expenditures 1,287 Total $ 5,440 Witness expenses —
3. With respect to its study of the current state of Canadian media industries:
Professional and Other Services $ 20,589 Transport and Communications 1,022 Other Expenditures 1,109 Total $ 22,720 Witness expenses $ 10,300
Your Committee notes that witness expenses are not paid out of the budgets of individual committees.
Your Committee received 3 orders of reference from the Senate during the session in question. It held 38 meetings during this period, receiving evidence from 83 witnesses over more than 62 hours, and submitted 5 reports to the Senate.
In its First Report, which was tabled in the Senate on October 29, 2002, your Committee reported its expenses and activities in the First Session of the Thirty-Seventh Parliament, pursuant to Rule 104.
Your Committee's Second Report, presented in the Senate on December 5, 2002, requested financing for the conclusion of the work on intercity busing in Canada begun during the First Session of the Thirty-Seventh Parliament. The Senate adopted this report on December 10, 2002.
Your Committee concluded its work on intercity busing in Canada by tabling its Third Report in the Senate on December 11, 2002. This report contained six recommendations for significant restructuring of the sector.
On March 20, 2003, your Committee presented its Fourth Report, dealing with Bill S-8, An Act to amend the Broadcasting Act. The report contained observations endorsing the content and philosophy of the Bill but noting various issues and concerns identified during the study.
Your Committee's Fifth Report, presented in the Senate on April 3, 2003, requested financing for its study of the Canadian news media. The Senate adopted this report on May 6, 2003. For the rest of the Session your Committee focussed its work on this Order of Reference. It held hearings on the current state of Canadian media industries; emerging trends and developments in these industries; the media's role, rights, and responsibilities in Canadian society; and current and appropriate future policies relating thereto. This work was interrupted by the prorogation of the Session before the report on this topic could be prepared.
Respectfully submitted,
JOAN FRASER
Chair
Introduction and First Reading of Senate Public Bills
The Honourable Senator Banks presented a Bill S-11, An Act to repeal legislation that has not been brought into force within ten years of receiving royal assent.
The Bill was read the first time.
The Honourable Senator Banks moved, seconded by the Honourable Senator Lawson, 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
A Point of Order was raised with respect to the procedural acceptability of the Notice of Inquiry given earlier this day by the Honourable Senator LeBreton.
After debate,
The Speaker reserved his decision.
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.
Debate.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-4, 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 Rompkey, P.C., moved, seconded by the Honourable Senator Gill, 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.
A Message was brought from the House of Commons with a Bill C-5, An Act respecting the effective date of the representation order of 2003, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Carstairs, 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.
A Message was brought from the House of Commons with a Bill C-6, An Act respecting assisted human reproduction and related research, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Joyal, 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.
A Message was brought from the House of Commons with a Bill C-7, 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, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Milne, 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.
A Message was brought from the House of Commons with a Bill C-8, An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, 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.
Motions
The Senate resumed 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 Keon moved, seconded by the Honourable Senator Murray, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Lapointe, seconded by the Honourable Senator Massicotte, for the second reading of Bill S-6, 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 Massicotte, 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.
Orders No. 2 and 3 were called and postponed until the next sitting.
Second reading of Bill S-7, An Act respecting the effective date of the representation order of 2003.
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Stratton, that the Bill be read the second time.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill S-2, An Act to prevent unsolicited messages on the Internet.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Gustafson, that the Bill be read the second time.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 6 was called and postponed until the next sitting.
Second reading of Bill S-8, An Act concerning personal watercraft in navigable waters.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Murray, P.C., that the Bill be read the second time.
After debate,
The Honourable Senator Rompkey, P.C., for the Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Mercer, for the second reading of Bill C-212, An Act respecting user fees.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Chaput, that the Bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Kinsella, for the second reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda).
After debate,
The Honourable Senator Tkachuk 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 on the following vote:
YEAS
The Honourable Senators
Adams, Atkins, Banks, Beaudoin, Buchanan, Christensen, Cochrane, Comeau, Cools, Corbin, Cordy, Day, Downe, Ferretti Barth, Finnerty, Fraser, Gustafson, Johnson, Keon, Kinsella, Lavigne, LeBreton, Lynch-Staunton, Merchant, Murray, Phalen, Sibbeston, Sparrow, Stratton, Tkachuk, Trenholme Counsell, Watt—32
NAYS
The Honourable Senators
Bacon, Baker, Biron, Carstairs, Chaput, Cook, Fairbairn, Furey, Graham, Harb, Jaffer, Joyal, Kirby, Kroft, Lapointe, Léger, Losier-Cool, Maheu, Mahovlich, Mercer, Milne Moore, Morin, Munson, Nolin, Pearson, Pépin, Ringuette, Robichaud, Rompkey, Smith—31
ABSTENTIONS
The Honourable Senators
Gill—1
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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):
Agreement for RCMP policing services made on April 1, 2003, between Canada and the province of Prince Edward Island, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 3/ 37- 22.
Agreements for RCMP policing services made on April 1, 2002, between Canada and the province of Nova Scotia, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 3/37- 23.
Agreements for RCMP policing services made on April 1, 2003, between Canada and the province of Saskatchewan, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 3/37- 24.
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 6:39 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 Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Di Nino substituted for that of the Honourable Senator Robertson (February 11).