Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 18
Tuesday, March 9, 2004
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carney, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Fairbairn, Finnerty, Fraser, Furey, Gauthier, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, Lawson, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Atkins, Austin, Bacon, Baker, Banks, *Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kroft, LaPierre, Lapointe, Lavigne, Lawson, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, *Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Lynch-Staunton:
That the Address of His Excellency Kofi Annan, Secretary-General of the United Nations, delivered to Members of both Houses of Parliament earlier this day, together with the introductory speech by the Right Honourable Prime Minister of Canada and the speeches delivered by the Speaker of the Senate and the Speaker of the House of Commons, be printed as an appendix to the Debates of the Senate of this day.
The question being put on the motion, it was adopted.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Cordy presented the following:
TUESDAY, March 9, 2004
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
SECOND REPORT
Your Committee, to which was referred Bill C-6, An Act respecting assisted human reproduction and related research, has, in obedience to the Order of Reference of Friday, February 13, 2004, examined the said Bill and now reports the same without amendment.
Your Committee appends to this report certain observations on the Bill.
Respectfully submitted,
JANE CORDY
For the Chair
(The Appendix to the Report is printed as an Appendix)
The Honourable Senator Morin moved, seconded by the Honourable Senator Gauthier, that the Bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Morin presented the following:
TUESDAY, March 9, 2004
The Standing Joint Committee on the Library of Parliament has the honour to present its
FIRST REPORT
Your Committee recommends that it be authorized to assist the Speaker of the Senate and the Speaker of the House of Commons in directing and controlling the Library of Parliament; and that it be authorized to make recommendations to the Speaker of the Senate and the Speaker of the House of Commons regarding the governance of the Library and the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein.
Your Committee recommends that its quorum be fixed at seven (7) members, provided that both Houses are represented including a member from the opposition and a member from the government whenever a vote, resolution or other decision is taken, and that Joint Chairs be authorized to hold meetings to receive and publish evidence when a quorum is not present, provided that at least (4) members are present including a member from the opposition and a member from the government.
Your Committee further recommends to the Senate that it be empowered to sit during sittings of the Senate.
A copy of the relevant Minutes of Proceedings (Meeting No. 1) is tabled.
Respectfully submitted,
YVES MORIN
Joint Chair
The Honourable Senator Morin moved, seconded by the Honourable Senator Fraser, 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, Chair of the Standing Senate Committee on Official Languages, presented its Third Report (Bill S-4, An Act to amend the Official Languages Act (promotion of English and French) without amendment).
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Fraser, that the Bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-22, An Act to amend the Criminal Code (cruelty to animals), 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.
Presentation of Petitions
The Honourable Senator Murray, P.C., presented a petition:
Of Queen's Theological College, of the City of Kingston, in the Province of Ontario; praying for the passage of an Act to amend its Act of incorporation in order to effect certain changes in the composition and role of the Board of Management of Queen's Theological College; to change the representation of the College at the Senate of Queen's University at Kingston; and to make such other technical or incidental changes to the Act as may be appropriate.
The Honourable Senator Rivest presented petitions:
Of Residents of the Provinces of Quebec and Ontario with respect to declaring Ottawa officially bilingual.
The Honourable Senator Watt presented petitions:
Of Residents of Nunavik concerning the tax system with respect to the North.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-5, An Act respecting the effective date of the representation order of 2003.
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Lapointe, that the Bill be read the third time.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Christensen, for the second reading of 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.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Murray, P.C., 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.
Resuming debate on the motion of the Honourable Senator Smith, P.C., seconded by the Honourable Senator Sparrow, for the second reading of Bill C-20, An Act to change the names of certain electoral districts.
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 Sparrow, 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 Bryden, seconded by the Honourable Senator Biron, for the second reading of Bill C-17, 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 Poy, 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.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill S-13, An Act to provide for increased transparency and objectivity in the selection of suitable individuals to be named to certain high public positions.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Nolin, that the Bill be read the second time.
After debate,
The Honourable Senator Milne 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.
Order No. 3 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Moore, for the second reading of Bill S-11, An Act to repeal legislation that has not been brought into force within ten years of receiving royal assent.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Banks moved, seconded by the Honourable Senator Maheu, 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. 5 to 7 were called and postponed until the next sitting.
Second reading of Bill S-3, An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate).
The Honourable Senator Oliver moved, seconded by the Honourable Senator Lynch-Staunton, that the Bill be read the second time.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Oliver moved, seconded by the Honourable Senator Lynch-Staunton, that the Bill be not now read the second time, but that the subject-matter thereof be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion in amendment be adjourned until the next sitting.
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.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Other
Orders No. 3, 24 (motions), 1, 4, 5 (inquiries) and 28 (motion) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Poy:
That the Standing Committee on Rules, Procedures and the Rights of Parliament study the manner in which Private Members Business, including Bills and Motions, are dealt with in this Chamber and that the Committee report back no later than November 30, 2004.
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.
Order No. 9 (motion) was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Roche moved, seconded by the Honourable Senator Plamondon:
That the Senate of Canada recommend that the Government of Canada not participate in the U.S.-sponsored Ballistic Missile Defence (BMD) system because:
1. It will undermine Canada's longstanding policy on the non-weaponization of space by giving implicit, if not explicit, support to U.S. policies to develop and deploy weapons in space;
2. It will destabilize the strategic environment and impede implementation of Article VI of the Nuclear Non- Proliferation Treaty;
3. It will not contribute to the security of Canadians, and Canadian non-participation will not diminish the importance of Canada-U.S. defence cooperation under NORAD in addressing genuine threats to Canadian security.
After debate,
The Honourable Senator Cordy moved, seconded by the Honourable Senator Léger, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Milne moved, seconded by the Honourable Senator Losier-Cool:
That all papers and evidence received and taken by the Standing Committee on Rules, Procedures and the Rights of Parliament during the Second Session of the Thirty-seventh Parliament, on Bill C-34, be referred to the said Committee.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Copy of Regulations repealing the United Nations Eritrea Regulations (SOR/JUS-604313), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 3/37- 65.
Copy of Regulations repealing the United Nations Ethiopia Regulations (SOR/JUS-604315), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 3/37- 66.
Report on the Public Service Pension Plan for the fiscal year ended March 31, 2003, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, s. 46.—Sessional Paper No. 3/37- 67.
Report of the Canadian International Trade Tribunal entitled ``Request for Tariff Relief by Peerless Clothing Inc. Regarding Certain Woven Fabrics of Viscose Rayon/Acetate'', dated February 11, 2004, pursuant to the Canada- United States Free Trade Agreement Implementation Act, S. C. 1988, c. 65, s. 54. —Sessional Paper No. 3/37- 68.
Report on the administration and enforcement of the fish habitat protection and pollution prevention provisions of the Fisheries Act for the fiscal year ended March 31, 2002, pursuant to the Act, S.C. 1991, c. 1, s. 11.1.—Sessional Paper No. 3/37- 69.
Report of the Auditor General of Canada for the fiscal year ending March 31, 2003, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 3/37- 70.
Report on the Employment Equity Act (Labour) for the year 2003, pursuant to the Act, S.C. 1995, c. 44, s. 20.—Sessional Paper No. 3/37- 71.
Report of the Canadian Nuclear Safety Commission for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 72.
Report of the Canadian Forces Personnel Support Agency for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3)..—Sessional Paper No. 3/37- 73.
Report of the Canadian Security Intelligence Service for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(5)..—Sessional Paper No. 3/37- 74.
Report of the Communications Security Establishment for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 75.
Report of the National Energy Board for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 76.
Report of the National Film Board of Canada for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 77.
Report of the National Research Council of Canada for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 78.
Report of the Natural Sciences and Engineering Research Council of Canada for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 79.
Report of the Office of the Auditor General of Canada for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 80.
Report of the Office of the Superintendent of Financial Institutions Canada for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 81.
Report of the Statistical Survey Operations for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 82.
Report of the Social Sciences and Humanities Research Council for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3). —Sessional Paper No. 3/37- 83.
Report of the Federal Public Service for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(1).—Sessional Paper No. 3/37- 84.
Report of the Canadian Food Inspection Agency for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 85.
Report of Canada Customs and Revenue Agency for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 86.
Report of Parks Canada for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 87.
Report of the Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2003, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/37- 88.
Summaries of the Corporate Plan for 2003-2004 to 2007-2008 and of the Operating and Capital Budgets for 2003- 2004 of the Canada Lands Company Limited, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/37- 89.
ADJOURNMENT
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:20 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
___________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Meighen substituted for that of the Honourable Senator Buchanan (March 2).
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Chaput, Pearson and Pépin substituted for those of the Honourable Senators Léger, Cook and Fairbairn (March 2).
The names of the Honourable Senators Fairbairn, Cook and Léger substituted for those of the Honourable Senators Pépin, Pearson and Chaput (March 4).
The names of the Honourable Senators LaPierre and Tkachuk substituted for those of the Honourable Senators Kirby and Rossiter (March 8).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Mercer (March 4).