Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 19
Thursday, November 25, 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, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Grafstein, Harb, Hays, Hervieux-Payette, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Oliver, Phalen, Plamondon, Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Sparrow, 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, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, *Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Grafstein, Harb, Hays, Hervieux-Payette, *Jaffer, Joyal, Kenny, Keon, Kinsella, *Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, *Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Oliver, Phalen, Plamondon, Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker informed the Senate that the Clerk of the Senate had tabled the following (Sessional Paper No. 1/38-313S):
November 25, 2004
Mr. Speaker:
In accordance with Rule 135 of the Rules of the Senate, I have the honour to submit herewith a list of the names of Members of the Senate who have renewed their Declaration of Property Qualification.
I have the honour to be, Mr. Speaker, your obedient servant.
PAUL C. BÉLISLE
Clerk of the Senate and Clerk of the Parliaments
The Honourable Senators—Les honorables sénateurs
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux- Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, LaPierre, Lapointe, Lavigne, LeBreton, Léger Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Pitfield, Plamondon, Poulin, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon presented the following:
Thursday, November 25, 2004
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
SECOND REPORT
Your Committee, to which was referred 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, has, in obedience to the Order of Reference of Tuesday, October 26, 2004, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
LISE BACON
Chair
Observations to the Second Report of the Standing Senate Committee on Legal and Constitutional Affairs
Bill S-10 is a government Bill that continues the very important work of harmonizing federal legislation that touches on private provincial and territorial law in order to ensure that each language version faithfully incorporates both the civil and common law traditions in Canada. It is the second in a series of such bills; the first was adopted by Parliament and came into force in 2001.
Your Committee wishes to emphasize in these observations how close the federal harmonization project is to the core of what makes Canada unique. Federal legislation touches on private law relating to property and civil rights in a number of different areas. Unless a federal law specifically defines its own terms or establishes its own concepts, it is interpreted according to the private law in the relevant province — the civil law in Quebec, as primarily reflected in the Civil Code, and the common law in the rest of Canada.
But federal legislation must thus reflect the terminology and concepts of these two legal systems, and must do so in both French and English in order to faithfully reflect our Canadian legal identity and address the needs of our four legal audiences: the francophone civil law community, the francophone common law community, the anglophone civil law community, and the anglophone common law community.
Canada is one of the few countries in the world with more than one legal system, and is a leader in harmonizing its federal law. Your Committee is proud and supportive of this uniquely Canadian project. Although Bill S-10 might appear to be merely technical, it is symbolic of the integration of two of the greatest legal traditions in the world and is another step towards the goal of making federal law more accessible, more efficient, and representative of Canada and Canadians.
Your Committee wishes to make an additional point, however, about Canadian law. There is a third historical source of law — Aboriginal traditional law — that pre-existed the two other sources of law. It is composed of the customs and traditions central to the culture of our Aboriginal peoples. Canada has yet to adequately address that oral legal heritage.
We were encouraged by the testimony of the Minister of Justice, who spoke of his personal commitment, and that of his Department, to work with Aboriginal peoples to identify and to better appreciate Aboriginal legal traditions and to consider how they can be brought into the mainstream of our legal system. We note also the ongoing work of the Law Commission of Canada in this area and the research conducted at the University of Ottawa and the University of Saskatchewan. Your Committee is also concerned with the timeframe for progress in this area.
Your Committee fully supports the comments of one of Canada's foremost experts in bijuralism who, in his testimony to the Committee, said that he encourages everyone to take the view that bijuralism is by no means exclusionary. Rather, he emphasized that it is an open model that he hoped would lead to a plural model, as time goes on.
It is your Committee's fervent position that a way should be found to integrate Aboriginal legal traditions into Canadian law alongside the civil and common law in a manner that will better reflect Canada's diversity.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Callbeck, 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 Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its second report (Bill S-17, An Act to implement an agreement, conventions and protocols concluded between Canada and Gabon, Ireland, Armenia, Oman and Azerbaijan for the avoidance of double taxation and the prevention of fiscal evasion, without amendment).
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Moore, 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.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Rompkey, P.C., tabled the following:
Reply to Question No. 3, dated October 26, 2004, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Spivak, respecting Health Canada's Tobacco Control Programme.—Sessional Paper No. 1/38- 314S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 3 were 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.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Consideration of the first report of the Standing Joint Committee on the Library of Parliament (mandate and quorum) presented in the Senate on November 24, 2004.
The Honourable Senator Trenholme Counsell moved, seconded by the Honourable Senator Adams, that the report be adopted.
After debate,
The Honourable Senator Trenholme Counsell 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.
Other
Orders No. 58 (motion) 6, 4 and 1 (inquiries) were called and postponed until the next sitting.
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 30, 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 on Canada's activities as a Member Nation of the Food and Agriculture Organization of the United Nations for the fiscal year ended March 31, 2004, pursuant to the Food and Agriculture Organization of the United Nations Act, R.S.C. 1985, c. F-26, s. 4. —Sessional Paper No. 1/38-312.
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 2:42 p.m. the Senate was continued until Tuesday, November 30 , 2004, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Downe substituted for that of the Honourable Senator Hubley (November 24).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Massicotte (November 24).
Standing Senate Committee on National Finance
The name of the Honourable Senator Downe substituted for that of the Honourable Senator Mercer (November 24).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Fairbairn (November 24).