Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 7
Thursday, October 21, 2004
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Bryden, Buchanan, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, St. Germain, Sibbeston, Smith, 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, Bryden, Buchanan, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, *Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the Honourable Senator Gauthier, who will retire from the Senate on October 22, 2004.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
Public Accounts of Canada for the fiscal year ended March 31, 2004, Volume I—Summary Report and Financial Statements, Volume II—Details of Expenses and Revenues, Volume III—Additional Information and Analyses, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 64(1). —Sessional Paper No. 1/38-162.
Report entitled: "The Anti-terrorism Act—Annual Report concerning Investigative Hearings and Recognizance with Conditions'' (December 24, 2002 to December 23, 2003). —Sessional Paper No. 1/38-163.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon tabled the following (Sessional Paper No. 1/38-164S):
Thursday, October 21, 2004
The Standing Senate Committee on Legal and Constitutional Affairs 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 Third Session of the 37th Parliament are as follows:
1.With respect to its examination of legislation:
Professional Services $ 7,345 Transportation and Communications — Other — Witness Expenses 18,596 Total $ 25,941
During the Third Session of the 37th Parliament, your Committee considered 14 orders of reference, held 20 meetings, heard more than 34 hours of testimony from 78 witnesses and submitted 10 reports in relation to its work.
Your Committee examined 9 bills, to which it made no amendment, but appended observations to 2 of these bills:
Bill C-20, An Act to change the names of certain electoral districts.
Bill S-5, An Act to amend the Act of incorporation of Queen's Theological College.
Respectfully submitted,
LISE BACON
Chair
The Honourable Senator Corbin, Chair of the Standing Senate Committee on Official Languages, presented its second report (Bill S-3, An Act to amend the Official Languages Act (promotion of English and French) without amendment).
With leave of the Senate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Joyal, P.C., that the bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Bryden presented the following:
Thursday, October 21, 2004
The Standing Joint Committee for the Scrutiny of Regulations has the honour to present its
FIRST REPORT
Your Committee reports that in relation to its permanent reference, section 19 of the Statutory Instruments Act, R.S.C. 1985, c. S-22, the Committee was previously empowered "to study the means by which Parliament can better oversee the government regulatory process and in particular to enquire into and report upon:
1. the appropriate principles and practices to be observed
(a) in the drafting of powers enabling delegates of Parliament to make subordinate laws;
(b) in the enactment of statutory instruments;
(c) in the use of executive regulation - including delegated powers and subordinate laws;
and the manner in which Parliamentary control should be effected in respect of the same;
2. the role, functions and powers of the Standing Joint Committee for the Scrutiny of Regulations.''
Your Committee recommends that the same order of reference together with the evidence adduced thereon during previous sessions be again referred to it.
Your Committee informs both Houses of Parliament that the criteria it will use for the review and scrutiny of statutory instruments are the following:
Whether any Regulation or other statutory instrument within its terms of reference, in the judgement of the Committee:
1. is not authorized by the terms of the enabling legislation or has not complied with any condition set forth in the legislation;
2. is not in conformity with the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights;
3. purports to have retroactive effect without express authority having been provided for in the enabling legislation;
4. imposes a charge on the public revenues or requires payment to be made to the Crown or to any other authority, or prescribes the amount of any such charge or payment, without express authority having been provided for in the enabling legislation;
5. imposes a fine, imprisonment or other penalty without express authority having been provided for in the enabling legislation;
6. tends directly or indirectly to exclude the jurisdiction of the courts without express authority having been provided for in the enabling legislation;
7. has not complied with the Statutory Instruments Act with respect to transmission, registration or publication;
8. appears for any reason to infringe the rule of law;
9. trespasses unduly on rights and liberties;
10. makes the rights and liberties of the person unduly dependent on administrative discretion or is not consistent with the rules of natural justice;
11. makes some unusual or unexpected use of the powers conferred by the enabling legislation;
12. amounts to the exercise of a substantive legislative power properly the subject of direct parliamentary enactment;
13. is defective in its drafting or for any other reason requires elucidation as to its form or purport.
Your Committee recommends that its quorum be fixed at 4 members, provided that both Houses are represented whenever a vote, resolution or other decision is taken, and that the Joint Chairmen be authorized to hold meetings to receive evidence and authorize the printing thereof so long as 3 members are present, provided that both Houses are represented; and, that the Committee have power to engage the services of such expert staff, and such stenographic and clerical staff as may be required.
Your Committee further recommends to the Senate that it be empowered to sit during sittings and adjournments of the Senate.
Your Committee, which was also authorized by the Senate to incur expenses in connection with its permanent reference relating to the review and scrutiny of statutory instruments, reports, pursuant to Rule 104 of the Rules of the Senate, that the expenses of the Committee (Senate portion) during the Third Session of the Thirty-seventh Parliament were as follows:
Professional and Other Services $ 202 Transport and Communications — All Other Expenses 396 Total: $ 598
A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 1, First Session, Thirty-Eighth Parliament) is tabled in the House of Commons.
Respectfully submitted,
JOHN G. BRYDEN
Joint Chairman
The Honourable Senator Bryden moved, seconded by the Honourable Senator Sibbeston, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Poulin tabled the following:
Report of the Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the Thirteenth Annual Bilateral Meeting, held in Toronto, Cambridge, Niagara-on-the-Lake and Banff, from August 22 to 28, 2004.—Sessional Paper No. 1/38-165.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill S-10, A second Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Carstairs, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Nolin moved, seconded by the Honourable Senator LeBreton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Resuming debate on the motion of the Honourable Senator Munson, seconded by the Honourable Senator Chaput:
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,
And on the motion in amendment of the Honourable Senator Kinsella, seconded by the Honourable Senator Stratton, that the following be added to the Address:
"and we urge Your Excellency's advisors, when implementing the details of their proposals, to review the Employment Insurance program to ensure that it remains well-suited to the needs of Canada's workforce, to reduce and improve the fairness of taxes, to be unwavering in the application of fiscal discipline, to examine the need and options for reform of our democratic institutions, including electoral reform, and to rise above partisanship to address the public interest;
That Your Excellency's advisors consider the advisability of the following:
1. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to recommend measures that would ensure that all future uses of the employment insurance program would only be for the benefit of workers and not for any other purpose;
2. opportunities to further reduce the tax burden on low and modest income families consistent with the government's overall commitment to balanced budgets and sound fiscal management;
3. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to make recommendations relating to the provisions of independent fiscal forecasting advice for parliamentarians including the consideration of the recommendations of the external expert;
4. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to recommend a process that engages citizens and parliamentarians in an examination of our electoral system with a review of all options;
5. with respect to an agreement on ballistic missile defence, the assurance that Parliament will have an opportunity to consider all public information pertaining to the agreement and to vote prior to a government decision;
And we ask Your Excellency's advisors to ensure that all measures brought forward to implement the Speech from the Throne, including those referred to above, fully respect the provinces' areas of jurisdiction and that the financial pressures some call the fiscal imbalance be alleviated.''
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator LeBreton, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-3, An Act to amend the Official Languages Act (promotion of English and French).
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Fraser, that the bill be read the third time.
After debate,
The Honourable Senator Stratton for the Honourable Senator Comeau moved, seconded by the Honourable Senator LeBreton, 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-11, An Act to amend the Criminal Code (lottery schemes).
The Honourable Senator Lapointe moved, seconded by the Honourable Senator De Bané, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator LeBreton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 to 4 were called and postponed until the next sitting.
Second reading of Bill S-5, An Act to repeal legislation that has not come into force within ten years of receiving royal assent.
The Honourable Senator Banks moved, seconded by the Honourable Senator Corbin, that the bill be read the second time.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator LeBreton, 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.
Other
Order No. 1 was called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Carstairs, P.C., called the attention of the Senate to the contributions to our country, to the francophone population outside of Quebec, to the citizens of Ottawa and particularly of Vanier and to those suffering from disabilities by the Honourable Jean-Robert Gauthier, Senator.
Debate concluded.
MOTIONS
The Honourable Senator Sibbeston moved, seconded by the Honourable Senator Christensen:
That the Standing Senate Committee on Aboriginal Peoples 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.
The Honourable Senator Sibbeston moved, seconded by the Honourable Senator Christensen:
That the Standing Senate Committee on Aboriginal Peoples 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 Corbin moved, seconded by the Honourable Senator Banks:
That the Annual Report of the Commissioner of Official Languages 2003-04, tabled in the Senate on October 19, 2004, be referred to the Standing Senate Committee on Official Languages.
The question being put on the motion, it was adopted.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Carstairs, P.C.:
That the Standing Senate Committee on Foreign Affairs 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 Stollery moved, seconded by the Honourable Senator Carstairs, P.C.:
That the Standing Senate Committee on Foreign Affairs 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.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Carstairs, P.C.:
That the Standing Senate Committee on Foreign Affairs, in accordance with rule 86(1)(h), be authorized to examine such issues as may arise from time to time relating to foreign relations generally; and
That the committee report to the Senate no later than March 31, 2006.
After debate,
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Robichaud, P.C. moved, seconded by the Honourable Senator Carstairs, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, October 26, 2004 at 2 p.m.
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 Canada Foundation for Sustainable Development Technology (including the supplement required by the Funding Agreement of March 31, 2004), together with the Auditors' Report, for the year 2003, pursuant to the Canada Foundation for Sustainable Development Technology Act, S.C. 2001, c. 23, sbs. 30(3).—Sessional Paper No. 1/ 38-158.
Summary of the Corporate Plan for 2004-2005 to 2008-2009 of the National Capital Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-159.
Reports of the Canada Customs and Revenue Agency for the fiscal year ended March 31, 2004, 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. 1/38- 160.
Notice of opinion concerning Regulations Amending the Firearms Fees Regulations (SOR/2004-142), pursuant to the Firearms Act, S.C. 1995, c. 39, sbs. 119(4).—Sessional Paper No. 1/38-161.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Carstairs, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:04 p.m. the Senate was continued until Tuesday, October 26, 2004, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Committee on Rules, Procedures and the Rights of Parliament
The names of the Honourable Senators Cook and Pearson substituted for those of the Honourable Senators Poulin and Fraser (October 20).
Standing Senate Committee on Official Languages
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Trenholme Counsell (October 21).