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Journals of the Senate

53 Elizabeth II, A.D. 2004, Canada

Journals of the Senate

1st Session, 38th Parliament


Issue 12

Wednesday, November 3, 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, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, De Bané, Doody, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, Murray, Oliver, Pépin, Plamondon, Poulin (Charette), Poy, Prud'homme, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, 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, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, *Day, De Bané, Doody, *Downe, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, *Munson, Murray, Oliver, Pépin, Plamondon, Poulin (Charette), Poy, Prud'homme, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

With leave of the Senate,

The Honourable Senator Hays tabled the following:

Report of the Commonwealth Parliamentary Association Executive Committee Meeting, held in Kampala, Uganda, from April 18 to 24, 2004.—Sessional Paper No. 1/38-274S.

The Honourable Senator Rompkey, P.C., tabled the following:

Report by Export Development Canada on Canada Account Operations for the fiscal year 2002-2003.—Sessional Paper No. 1/38-275.

Document entitled Export of Military Goods from Canada for the year 2002.—Sessional Paper No. 1/38-276.

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Milne tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Sixth Conference of Parliamentarians of the Arctic Region, held in Nuuk, Greenland, from September 3 to 5, 2004.—Sessional Paper No. 1/38-277.

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Fourth Part of the 2004 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from October 4 to 8, 2004.—Sessional Paper No. 1/38-278.

Presentation of Petitions

The Honourable Senator Milne presented petitions:

Of Residents of Canada concerning the Statistics Act (census records).

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Order No. 1 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 8 were called and postponed until the next sitting.

Other

Order No. 1 was called and postponed until the next sitting.

MOTIONS

The Honourable Senator Sibbeston moved, seconded by the Honourable Senator Christensen:

That, pursuant to rule 131(2), the Senate request a complete and detailed response from the Government to the Sixth Report of the Standing Senate Committee on Aboriginal Peoples, entitled Urban Aboriginal Youth: An Action Plan for Change, tabled in the Senate on October 30, 2003, during the Second Session of the Thirty-Seventh Parliament and adopted by the Senate on April 1, 2004 during the Third Session of the Thirty-Seventh Parliament, with the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Metis and Non-Status Indians, the Minister of Justice, the Minister of Human Resources and Skills Development, the Minister of Social Development, the Minister of Canadian Heritage, the Minister of Public Safety and Emergency Preparedness, the Minister of Health, and the Minister of Industry being identified as Ministers responsible for responding.

The question being put on the motion, it was adopted.

The Honourable Senator Corbin moved, seconded by the Honourable Senator Cook:

That the Standing Senate Committee on Official Languages be authorized to study and to report from time to time on the application of the Official Languages Act and of the regulations and directives made under it, within those institutions subject to the Act;

That the Committee be authorized to study the reports and papers produced by the Minister Responsible for Official Languages, the President of the Treasury Board, the Minister of Canadian Heritage and the Commissioner of Official Languages as well as any other material concerning official languages generally;

That papers and evidence received and taken during the Second and Third Sessions of the 37th Parliament be referred to the Committee;

That the Committee report to the Senate no later than June 15, 2005.

After debate,

The question being put on the motion, it was adopted.

The Honourable Senator Bacon moved, seconded by the Honourable Senator Furey:

That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine and report on the implications of including, in legislation, non-derogation clauses relating to existing aboriginal and treaty rights of the aboriginal peoples of Canada under s.35 of the Constitution Act, 1982;

That the papers and evidence received and taken on the subject and the work accomplished during the Second Session of the Thirty-seventh Parliament be referred to the Committee; and

That the Committee present its report to the Senate no later than October 31, 2005.

The question being put on the motion, it was adopted.

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Comeau:

That the Standing Senate Committee on Human Rights be authorized to invite from time to time the President of the Treasury Board, the President of the Public Service Commission, their officials, as well as other witnesses to appear before the Committee for the purpose of examining cases of alleged discrimination in the hiring and promotion practices of the Federal Public Service and to study the extent to which targets to achieve employment equity for minority groups are being met; and

That the Committee continue to monitor developments on the subject and submit a final report to the Senate no later than December 23, 2005.

After debate,

The question being put on the motion, it was adopted.

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator LeBreton:

That the Standing Senate Committee on Human Rights be authorized to examine and report upon Canada's international obligations in regard to the rights and freedoms of children.

In particular, the Committee shall be authorized to examine:

Our obligations under the United Nations Convention on the Rights of the Child; and

Whether Canada's legislation as it applies to children meets our obligations under this Convention.

That the Committee present its final report to the Senate no later than March 22, 2005, and that the Committee retain until April 30, 2005 all powers necessary to publicize its findings.

The question being put on the motion, it was adopted.

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Oliver:

That the Standing Senate Committee on Human Rights be authorized to examine and monitor issues relating to human rights and, inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations;

That the papers and evidence received and taken on the subject during the First, Second and Third Sessions of the Thirty-seventh Parliament be referred to the Committee; and

That the Committee submit its final report to the Senate no later than December 23 2005, and that the Committee retain until January 31, 2006 all powers necessary to publicize its findings.

After debate,

The question being put on the motion, it was adopted.

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Oliver:

That the Standing Senate Committee on Human Rights be authorized to invite the Minister of Indian and Northern Affairs to appear with his officials before the Committee for the purpose of updating the members of the Committee on actions taken concerning the recommendations contained in the Committee's report entitled A Hard Bed to lie in: Matrimonial Real Property on Reserve, tabled in the Senate November 4, 2003; and

That the Committee continue to monitor developments on the subject and submit a final report to the Senate no later than March 31, 2005.

The question being put on the motion, it was adopted.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Reports of the International Centre for Human Rights and Democratic Development 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. 1/38-273.

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 2:57 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 names of the Honourable Senators Trenholme Counsell and Munson substituted for those of the Honourable Senators Stollery and Mercer (November 2).

Standing Senate Committee on Fisheries and Oceans

The name of the Honourable Senator De Bané added to the membership (November 2).


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