Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 29
Thursday, April 1, 2004
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Carstairs, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Gustafson, Hays, Hubley, Jaffer, Johnson, Joyal, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Moore, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, *Biron, *Buchanan, *Carney, Carstairs, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, *De Bané, Di Nino, Doody, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Gustafson, *Harb, Hays, *Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, *Kenny, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Moore, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, *Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, *Spivak, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the Honourable Senator Roche, who will retire from the Senate on June 14, 2004.
Pursuant to the Order adopted on March 23, 2004, tribute was paid to the Honourable Senator Robertson, who will retire from the Senate on May 23, 2004.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Rompkey, P.C., tabled the following:
Document entitled: A National Security Committee of Parliamentarians (A Consultation Paper to Help Inform the Creation of a Committee of Parliamentarians to Review National Security).—Sessional Paper No. 3/37-141S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Comeau, Chair of the Standing Senate Committee on Fisheries and Oceans, tabled its Fourth Report entitled: Nunavut Fisheries: Quota Allocations and Benefits.—Sessional Paper No. 3/37-142S.
The Honourable Senator Comeau, moved, seconded by the Honourable Senator Beaudoin, 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 Fraser, Chair of the Standing Senate Committee on Transport and Communications, presented its Third Report (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, without amendment).
The Honourable Senator Day moved, seconded by the Honourable Senator Sibbeston, 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 Fraser, Chair of the Standing Senate Committee on Transport and Communications tabled its Fourth Report (Interim) (The Canadian News Media).—Sessional Paper No. 3/37-143S.
The Honourable Senator Fraser, moved, seconded by the Honourable Senator Baker, P.C., 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 Furey, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Sixth Report (Bill C-14, An Act to amend the Criminal Code and other Acts, without amendment).
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That when the Senate adjourns today, it do stand adjourned until Tuesday, April 20, 2004, at 2:00 p.m.
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-3, An Act to amend the Canada Elections Act and the Income Tax Act, 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 Losier-Cool, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Poulin tabled the following:
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the Inaugural General Meeting of the Inter-Parliamentarians for Social Service, held in Seoul, Korea, from August 28 to 31, 2003. —Sessional Paper No. 3/37-144.
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group concerning the Co-Chairs' Annual Visit to Diet Members in Tokyo, Japan, from March 1 to 6, 2004. —Sessional Paper No. 3/37-145.
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group and of the Canada-China Legislative Association respecting its participation at the Twelfth Annual Meeting of the Asia Pacific Parliamentary Forum, held in Beijing, China, from January 12 to 14, 2004.—Sessional Paper No. 3/37-146.
Presentation of Petitions
The Honourable Senator Sibbeston presented petitions:
Of Residents of the Province of 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
Resuming debate on the motion of the Honourable Senator Pearson, seconded by the Honourable Senator Poulin, for the third 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.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate has passed this Bill, without amendment.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator De Bané, P.C., seconded by the Honourable Senator Finnerty, for the second reading of Bill C-21, An Act to amend the Customs Tariff.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Motions
Order No. 1 was withdrawn (Notice of Motion, pursuant to Rule 39, concerning Bill C-4).
OTHER BUSINESS
Senate Public Bills
Second reading of Bill S-17, An Act to amend the Citizenship Act.
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Corbin, 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 Kinsella moved, seconded by the Honourable Senator Corbin, 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.
MESSAGE FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return Bill S-15, An Act to amend the Act of incorporation of Queen's Theological College,
And to acquaint the Senate that the Commons have passed this Bill, without amendment.
Senate Public Bills
Orders No. 2 to 6 were called and postponed until the next sitting.
Order No. 7 was called and postponed until later this day.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator LaPierre, for the third reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda).
After debate,
In amendment, the Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Stratton, that the bill be not now read a third time but that it be amended, on page 1, in clause 1, by replacing lines 8 and 9 with the following:
"by colour, race, religion, ethnic origin or sex.''.
After debate,
In amendment, the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Gustafson, that the motion in amendment be amended by adding, before the words "ethnic origin'', the words "national or''.
Debate.
WRITTEN DECLARATION OF ROYAL ASSENT
At 5:21 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
April 1, 2004
Mr. Speaker:
I have the honour to inform you that the Honourable Marie Deschamps, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 1st day of April, 2004, at 4:48 p.m.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, April 1, 2004
An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts (Bill C-16, Chapter 10, 2004)
An Act to amend the Act of incorporation of Queen's Theological College (Bill S-15)
Commons Public Bills
The Senate resumed debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator LaPierre, for the third reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda),
And on the motion in amendment of the Honourable Senator St. Germain, P.C., seconded by the Honourable Senator Stratton, that the bill be not now read a third time but that it be amended, on page 1, in clause 1, by replacing lines 8 and 9 with the following:
"by colour, race, religion, ethnic origin or sex.'',
And on the subamendment of the Honourable Senator Tkachuk, seconded by the Honourable Senator Gustafson, that the motion in amendment be amended by adding, before the words "ethnic origin'', the words "national or''.
After debate,
The question was put on the subamendment.
Pursuant to Rule 67(2), a standing vote was deferred until 5:30 p.m. at the next sitting, with the bells to sound at 5:15 p.m. for fifteen minutes.
Second reading of Bill C-249, An Act to amend the Competition Act.
The Honourable Senator Cools moved, seconded by the Honourable Senator Day, 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 Cools moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Consideration of the Sixth Report of the Standing Committee on Internal Economy, Budgets and Administration (document entitled Senate Administrative Rules) tabled in the Senate on March 31, 2004.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu, that the Report be adopted.
After debate,
The Honourable Senator Atkins 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.
Other
Orders No. 40, 59, 3, 24 (motions) and 1 (inquiry) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Comeau calling the attention of the Senate to the House of Commons Debates of February 11, 2004; specifically the concerns caused by Bloc québécois Stéphane Bergeron's Motion M-382 in which he is seeking:
That a humble Address be presented to Her Excellency praying that, following the steps already taken by the Société nationale de l'Acadie, she will intercede with Her Majesty to cause the British Crown to recognize officially the wrongs done to the Acadian people in its name between 1755 and 1763.
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Poulin, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 28, 9 (motions) and 10 (inquiry) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Oliver called the attention of the Senate to the barriers facing the advancement of visible minorities in the public service of Canada.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Kinsella, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver:
That the Senate call upon the Government of Canada:
(a) to expand the Nahanni National Park Reserve to include the entire South Nahanni Watershed including the Nahanni karstlands;
(b) to stop all industrial activity within the watershed, including:
(i) stopping the proposed Prairie Creek Mine and rehabilitating the mine site,
(ii) ensuring complete restoration of the Cantung mine site,
(iii) immediately instituting an interim land withdrawal of the entire South Nahanni Watershed to prevent new industrial development within the watershed; and
(c) to work with First Nations in the Deh Cho and Sahtu regions of the Northwest Territories to achieve these goals.
After debate,
In amendment, the Honourable Senator Sibbeston moved, seconded by the Honourable Senator Christensen, that the motion be amended as follows:
(a) in paragraph (a),
(i) by adding the word "possibly'' after the word "Reserve'', and
(ii) by adding after the word "karstlands'' the following:
"at an appropriate time and consistent with the cultural, social and economic interests of the people of the region, the Northwest Territories and Canada'';
(b) in paragraph (b), by replacing the words "to stop'' with the following,
"to protect the environmental integrity of the South Nahanni watershed by reviewing'';
(c) in subparagraph (b)(i), by deleting the word "stopping'' and the words "and rehabilitating the mine site'';
(d) in subparagraph (b)(ii), by deleting the words "ensuring complete restoration of'';
(e) in subparagraph (b)(iii),
(i) by deleting the words "immediately instituting an interim land withdrawal of the entire South Nahanni Watershed to prevent'',
(ii) by deleting the word "and'' at the end; and(f) by adding, after paragraph (b),
(i) a new paragraph (c) to read as follows:
"(c) to include as part of the review:
(i) a response to the Senate report, Northern Parks — A New Way that indicates the government's policy to ensure employment and economic benefits from the creation of northern parks will flow to local aboriginal people, and
(ii) a complete assessment of mineral and energy resources in the area'', and
(ii) by relettering the current paragraph (c) as (d).
After debate,
The Honourable Senator Christensen moved, seconded by the Honourable Senator Sibbeston, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino:
That the Standing Senate Committee on Agriculture and Forestry be empowered, in accordance with Rule 95(3), to sit between Monday April 5, 2004 and Thursday, April 8, 2004 inclusive, even though the Senate may be adjourned for a period exceeding one week.
The question being put on the motion, it was adopted.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino:
That the Standing Senate Committee on Agriculture and Forestry be permitted, notwithstanding usual practices, to deposit an interim report with the Clerk of the Senate between Monday, April 5, 2004 and Friday, April 16, 2004, inclusive, should the Senate not then be sitting, and that the report be deemed to have been tabled in the Chamber.
After debate,
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Gill, for the second reading of Bill S-9, An Act to honour Louis Riel and the Metis People.
After debate,
The Honourable Senator Stratton for the Honourable Senator LeBreton 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.
Ordered, That Order No. 24 (motion) under Other be again called.
Resuming debate on the motion of the Honourable Senator Sibbeston, seconded by the Honourable Senator Adams:
That the Sixth Report of the Standing Senate Committee on Aboriginal Peoples, tabled in the Senate on October 30, 2003, during the Second Session of the 37th Parliament, be adopted and that, pursuant to Rule 131(2), the Senate request a complete and detailed response from the Government, with the Ministers of Indian Affairs and Northern Development, Justice, Human Resources and Skills Development, Social Development, Canadian Heritage, Public Safety and Emergency Preparedness, Health, and Industry; and the Federal Interlocutor for Métis and Non-status Indians being identified as Ministers responsible for responding to the report.
After debate,
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Law Commission of Canada entitled "Voting Counts: Electoral Reform for Canada'', pursuant to the Law Commission of Canada Act, S.C. 1996, c. 9, s. 24. —Sessional Paper No. 3/37-134.
Copy of Regulations repealing the United Nations Federal Republic of Yugoslavia Regulations (SOR/JUS-605069), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 3/37-135.
Copy of Regulations repealing the United Nations International Criminal Tribunal for the Former Yugoslavia Regulations (SOR/JUS-604334), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 3/37-136.
Report on the administration of the Canada Small Business Financing Act for the fiscal year ended March 31, 2003, pursuant to the Act, S.C. 1998, c. 36, s. 20.—Sessional Paper No. 3/37-137.
Report of the Canadian Intellectual Property Office, together with the Auditors' Report, for the fiscal year ended March 31, 2003, pursuant to the Patent Act, R.S.C. 1985, c. P-4, s. 26. —Sessional Paper No. 3/37-138.
Report on the administration of the Royal Canadian Mounted Police Superannuation Account, together with the Auditor General's Report, for the fiscal year ended March 31, 2003, pursuant to the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, s. 31.—Sessional Paper No. 3/37-139.
Summary of the Corporate Plan for the period 2004-2005 to 2008-2009 of the Parks Canada Agency, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 33(1).—Sessional Paper No. 3/37-140.
ADJOURNMENT
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Austin, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:11 p.m. the Senate was continued until Tuesday, April 20, 2004, at 2:00 p.m.)
__________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Finance
The names of the Honourable Senators Mercer, Hubley, Banks and Mahovlich substituted for those of the Honourable Senators Ferretti Barth, Downe, Biron and Finnerty (March 31).
The name of the Honourable Senator Robichaud added to the membership (March 31).
The names of the Honourable Senators Ferretti Barth, Downe, Biron and Finnerty substituted for those of the Honourable Senators Mercer, Hubley, Banks and Mahovlich (April 1).
The name of the Honourable Senator Robichaud removed from the membership (April 1).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Stratton and Tkachuk substituted for those of the Honourable Senators Eyton and Spivak (March 31).
The names of the Honourable Senators Munson and Mercer substituted for those of the Honourable Senators Merchant and Adams (April 1).