Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 10
Tuesday, February 17, 2004
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Bryden, Callbeck, Carney, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, Murray, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, St. Germain, 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, Banks, Beaudoin, Biron, Bryden, Callbeck, Carney, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, *Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, Murray, *Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, St. Germain, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Rompkey, P.C., tabled the following:
Sustainable development strategies, pursuant to An Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1), as follows:
(1) Public Works and Government Services Canada
(2) Atlantic Canada Opportunities Agency
(3) Department of Canadian Heritage
(4) Canadian International Development Agency
(5) Department of Citizenship and Immigration
(6) Correctional Service of Canada
(7) Economic Development Agency of Canada for the Regions of Quebec
(8) Department of Finance
(9) Department of Fisheries and Oceans
(10) Department of Foreign Affairs and International Trade
(11) Department of Health
(12) Department of Human Resources Development
(13) Department of Indian Affairs and Northern Development
(14) Department of Industry
(15) Department of Justice
(16) Department of National Defence
(17) Canadian Environmental Assessment Agency
(18) Canada Revenue Agency
(19) Department of Natural Resources
(20) Royal Canadian Mounted Police
(21) Department of Transport
(22) Treasury Board Secretariat
(23) Veterans Affairs
(24) Department of Western Economic Diversification
(25) Parks Canada Agency
(26) Department of Agriculture and Agri-Food Canada
(27) Department of the Environment
(28) Department of Public Safety and Emergency Preparedness Canada
(29) Office of the Auditor General of Canada.—Sessional Paper No. 3/37-40.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Maheu tabled the following (Sessional Paper No. 3/37-41S):
TUESDAY, February 17, 2004
The Standing Senate Committee on Human Rights 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 of the Rules, that the expenses incurred by the Committee during the Second Session of the Thirty-seventh Parliament are as follows:
1. With respect to its study on Canada's possible adherence to the American Convention on Human Rights:
Professional and Other Services $ 1,994 Transport and Communications 3,635 Other Expenditures 235 Witness Expenses 2,303 Total $ 8,167
2. With respect to its study on key legal issues affecting the subject of on-reserve matrimonial real property on the breakdown of a marriage or common law relationship and the policy context in which they are situated:
Professional and Other Services $ 2,190 Transport and Communications — Other Expenditures — Witness Expenses 27,539 Total $ 29,729
3. With respect to its study to hear from time to time witnesses, including both individuals and representatives from organizations, with specific human rights concerns:
Professional and Other Services $ 61 Transport and Communications 39,410 Other Expenditures 97 Witness Expenses — Total $ 39,568
During the session under consideration, Your Committee considered three orders of reference, held 19 meetings, and received evidence from 38 witnesses over some 34 hours. In addition, a delegation of Committee members participated in a fact-finding mission and met with over 60 other individuals. Your Committee submitted eight reports relating to its work.
Respectfully submitted,
SHIRLEY MAHEU
Chair
The Honourable Senator Maheu presented the following:
TUESDAY, February 17, 2004
The Standing Senate Committee on Human Rights has the honour to present its
SECOND REPORT
Your Committee, which was referred for consideration on February 10 2004, a resolution encapsulating the 2002 Berlin OSCE (PA) Resolution, respectfully requests clarification on the mandate and its purpose.
Respectfully submitted,
SHIRLEY MAHEU
Chair
The Honourable Senator Maheu moved, seconded by the Honourable Senator Bacon, that the Report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Chaput tabled the following (Sessional Paper No. 3/37-42S):
TUESDAY, February 17, 2004
The Standing Senate Committee on Official Languages 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 of the Rules, 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 — Transportation — Other, Miscellaneous — Witness Expenses $ 1,576.65 Total $ 1,576.65
2. With respect to its special study on the operation of the Official Languages Act:
Professional Services $ 20,056 Transportation 44,791 Other, Miscellaneous 1,239 Witness Expenses 6,934 Total $ 73,020
During the session, your Committee held 33 meetings, heard 99 witnesses, and examined two bills including Bill S-11 (An Act to Amend the Official Languages Act (promotion of English and French)), and Bill S-14, (An Act to amend the National Anthem Act to reflect the linguistic duality of Canada).
In addition, your Committee held public hearings in St. Boniface, Manitoba, and Edmonton, Alberta.
The Committee submitted six reports.
Respectfully submitted,
MARIA CHAPUT
Chair
The Honourable Senator Chaput, Chair of the Standing Senate Committee on Official Languages, tabled its Second Report (Honorary Chair of the Committee).—Sessional Paper No. 3/37-43S.
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
Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Second reading of Bill C-16, An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts.
The Honourable Senator Pearson moved, seconded by the Honourable Senator Christensen, that the Bill be read the second time.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Robertson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6 to 8 were called and postponed until the next sitting.
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 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 8 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Kinsella, for the second reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda).
After debate,
The Honourable Senator Sparrow moved, seconded by the Honourable Senator Adams, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on division.
Orders No. 2 to 4 were called and postponed until the next sitting.
Other
Orders No. 2, 3, 24, 9 (motions) and 1 (inquiry) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator LeBreton moved, seconded by the Honourable Senator Kinsella:
That the Standing Senate Committee on Social Affairs, Science and Technology have power to sit at 3:30 p.m. on Wednesday, February 18, 2004, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator LeBreton moved, seconded by the Honourable Senator Kirby:
That the Standing Senate Committee on Social Affairs, Science and Technology have power to sit at 3:30 p.m. on Wednesday, February 25, 2004, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Kroft moved, seconded by the Honourable Senator Banks:
That the Standing Senate Committee on Banking, Trade and Commerce be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
The question being put on the motion, it was adopted.
The Honourable Senator Kroft moved, seconded by the Honourable Senator Maheu:
That the Standing Senate Committee on Banking, Trade and Commerce have power to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.
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 Crown Corporations and Other Corporate Interests of Canada for the year 2003, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs.151(1).—Sessional Paper No. 3/37-38.
Debt Management Report for the fiscal year ended March 31, 2003, pursuant to the Financial Administration Act, S.C. 1999, c. 26, s. 23.—Sessional Paper No. 3/37-39.
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 5:06 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 National Security and Defence
The names of the Honourable Senators Kinsella and Forrestall substituted for those of the Honourable Senators Forrestall and Kinsella (February 16).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Phalen (February 17).