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Journals of the Senate

53 Elizabeth II, A.D. 2004, Canada

Journals of the Senate

1st Session, 38th Parliament


Issue 13

Thursday, November 4, 2004
1:30 p.m.

The Honourable Shirley Maheu, Speaker pro tempore


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Bryden, Callbeck, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, De Bané, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gill, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Massicotte, Meighen, Mercer, Merchant, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Pitfield, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Bryden, Callbeck, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, *Day, De Bané, *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, Maheu, Massicotte, Meighen, Mercer, Merchant, Moore, Morin, *Munson, Murray, Nolin, Oliver, Pearson, Pépin, Pitfield, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt

The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Maheu, Speaker pro tempore, took the Chair, pursuant to Rule 11.

PRAYERS

SENATORS' STATEMENTS

As an expression of respect to Canada's War Veterans and War dead, tributes were paid.

Some honourable senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

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

Supplementary Estimates (A) 2004-2005.—Sessional Paper No. 1/38-280.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its second report (budgetstudy on emerging issues related to its mandate—power to hire staff).

(The report is printed as appendix "A'')

The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, 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 Kenny, Chair of the Standing Senate Committee on National Security and Defence, presented its second report (budget—study on the national security policy for Canadapower to hire staff and to travel).

(The report is printed as appendix "B'')

The Honourable Senator Kenny moved, seconded by the Honourable Senator Banks, 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.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Plamondon presented a Bill S-19, An Act to amend the Criminal Code (criminal interest rate).

The bill was read the first time.

The Honourable Senator Plamondon moved, seconded by the Honourable Senator Hubley, 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.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Orders No. 1 and 2 were called and postponed until the next sitting.

Motions

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:

That the Standing Senate Committees on Official Languages, on Human Rights and on National Security and Defence be empowered, in accordance with rule 95(3), to sit on Monday, November 15, 2004, even though the Senate may be then adjourned for a period exceeding a week.

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

OTHER BUSINESS

Senate Public Bills

Orders No. 1 and 2 were called and postponed until the next sitting.

Second reading of Bill S-13, 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 Comeau, that the bill be read the second time.

After debate,

A point of order was raised as to the acceptability of the bill.

After debate,

The Speaker pro tempore reserved her decision.

Orders No. 4 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 Cools called the attention of the Senate to:

(a) November 6, 2004, the sixtieth anniversary of the assassination of Walter Edward Guinness, Lord Moyne, British Minister Resident in the Middle East, whose responsibilities included Palestine, and to his accomplished and outstanding life, ended at age 64 by Jewish terrorist action in Cairo, Egypt; and

(b) to Lord Moyne's assassins Eliahu Bet-Tsouri, age 22, and Eliahu Hakim, age 17, of the Jewish extremist Stern Gang LEHI, the Lohamei Herut Israel, translated, the Fighters for the Freedom of Israel, who on November 6, 1944 shot him point blank, inflicting mortal wounds which caused his death hours later as King Farouk's personal physicians tried to save his life; and

(c) to the 1945 trial, conviction and death sentences of Eliahu Bet-Tsouri and Eliahu Hakim, and their execution by hanging at Cairo's Bab-al-Khalk prison on March 23, 1945; and

(d) to the 1975 exchange of prisoners between Israel and Egypt, being the exchange of 20 Egyptians for the remains of the young assassins Bet-Tsouri and Hakim, and to their state funeral with full military honours and their reburial on Jerusalem's Mount Herzl, the Israeli cemetery reserved for heroes and eminent persons, which state funeral featured Israel's Prime Minister Rabin and Knesset Member Yitzhak Shamir, who gave the eulogy; and

(e) to Yitzhak Shamir, born Yitzhak Yezernitsky in Russian Poland in 1915, and in 1935 emigrated to Palestine, later becoming Israel's Foreign Minister, 1980-1986, and Prime Minister 1983-1984 and 1986-1992, who as the operations chief for the Stern Gang LEHI, had ordered and planned Lord Moyne's assassination; and

(f) to Britain's diplomatic objections to the high recognition accorded by Israel to Lord Moyne's assassins, which objection, conveyed by British Ambassador to Israel, Sir Bernard Ledwidge, stated that Britain "very much regretted that an act of terrorism should be honoured in this way,'' and Israel's rejection of Britain's representations, and Israel's characterization of the terrorist assassins as "heroic freedom fighters''; and

(g) to my recollections, as a child in Barbados, of Lord Moyne's great contribution to the British West Indies, particularly as Chair of the West India Royal Commission, 1938-39, known as the Moyne Commission and its celebrated 1945 Moyne Report, which pointed the way towards universal suffrage, representative and responsible government in the British West Indies, and also to the deep esteem accorded to Lord Moyne in the British Caribbean

After debate,

The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Hubley, that further debate on the inquiry be adjourned until the next sitting.

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

The Honourable Senator Pépin called the attention of the Senate to the 2004 Invisible Ribbon Campaign.

Debate concluded.

MOTIONS

The Honourable Senator Morin moved, seconded by the Honourable Senator Keon:

That this House calls upon the Government of Canada to establish the first week of the month of November in each and every year, throughout Canada, as "National Pain Awareness Week''.

After debate,

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

The Honourable Senator Meighen moved, seconded by the Honourable Senator Keon:

That the Standing Senate Committee on National Security and Defence be authorized to undertake a study on:

(a) the services and benefits provided to veterans in recognition of their services to Canada, in particular examining:

access to priority beds for veterans in community hospitals;

availability of alternative housing and enhanced home care;

standardization of services throughout Canada;

monitoring and accreditation of long term care facilities;

(b) the commemorative activities undertaken by the Department of Veterans Affairs to keep alive for all Canadians the memory of the veterans achievements and sacrifices; and

(c) the need for an updated Veterans Charter to outline the right to preventative care, family support, treatment and re-establishment benefits;

That the papers and evidence received and taken during the Third Session of the Thirty-seventh Parliament be referred to the Committee;

That the Committee report to the Senate from time to time, no later than June 30, 2005.

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

Ordered, That the motion of the Honourable Senator Sibbeston set down on the Notice Paper earlier this day for the next sitting, be brought forward.

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

That the Standing Senate Committee on Aboriginal Peoples, in accordance with rule 86(1)(q) of the Senate, be authorized to examine and report on the involvement of Aboriginal communities and businesses in economic development activities in Canada. In particular, the Committee shall be authorized to investigate elements that enable Aboriginal communities and businesses to succeed and obstacles to their achievement in all areas of the economy, including but not limited to: large-scale industrial developments such as pipelines; non-renewable resource developments in oil, gas and mining; renewable resource development; tourism; business services; and other related matters.

That the committee report to the Senate no later than December 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 Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:

That when the Senate adjourns today, it do stand adjourned until Tuesday, November 16, 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 Queens Quay West Land Corporation for the fiscal year ended March 31, 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/38-279.

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 3:54 p.m. the Senate was continued until Tuesday, November 16, 2004, at 2 p.m.)


Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Foreign Affairs

The name of the Honourable Senator Banks substituted for that of the Honourable Senator Mahovlich (November 3).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Forrestall substituted for that of the Honourable Senator Johnson (November 3).

The name of the Honourable Senator Johnson substituted for that of the Honourable Senator Forrestall (November 4).


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