Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 15
Wednesday, March 14, 2001
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Bacon, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hubley, Johnson, Joyal, Keon, Kinsella, Kolber, Kroft, Lawson, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Simard, Sparrow, Spivak, St. Germain, Stollery, Tkachuk, Tunney, Watt, Wiebe, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, *Andreychuk, *Austin, Bacon, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hubley, Johnson, Joyal, *Kelleher, Keon, Kinsella, *Kirby, Kolber, Kroft, Lawson, *Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Simard, Sparrow, Spivak, St. Germain, Stollery, *Taylor, Tkachuk, Tunney, Watt, Wiebe, Wilson
PRAYERS
Tribute was paid to the memory of the Honourable John M. Godfrey, former Senator, whose death occurred March 8, 2001.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Finestone, P.C., presented the following:WEDNESDAY, March 14, 2001
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 the last six Parliaments 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 Second Session of the Thirty-sixth Parliament were as follows:
| Professional Services | $ 138,142.47 |
| Transportation | 592.27 |
| Other, Miscellaneous | 14,606.12 |
| Total | $ 153,340.86 |
A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 1, First Session, Thirty-seventh Parliament) is tabled in the House of Commons.
Respectfully submitted,
SHEILA FINESTONE
Acting Joint Chair
The Honourable Senator Finestone, P.C., moved, seconded by the Honourable Senator Chalifoux, 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 Cordy tabled the following (Sessional Paper No. 1/37-122S):
WEDNESDAY, March 14, 2001
The Standing Joint Committee on the Library of Parliament, which was empowered by the Senate to incur expenses in order to assist the Speaker of the Senate and the Speaker of the House of Commons in directing and controlling the Library of Parliament; and authorized to make recommendations to the Speaker of the Senate and the Speaker of the House of Commons regarding the governance of the Library and the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein, reports, pursuant to Rule 104, that the expenses incurred by the Committee during the 2nd Session of the Thirty-sixth Parliament were as follows:
| Transportation | $ 0 |
| Professional Services | 250 |
| Miscellaneous | 0 |
| Witness expenses | 0 |
| TOTAL | $ 250 |
During the session, the Committee held two meetings, sat for 1,4 hours, and heard testimony from the Parliamentary Librarian.
Respectfully submitted,
JANE CORDY
The Honourable Senator Nolin tabled the following (Sessional Paper No. 1/37-123S):WEDNESDAY, March 14, 2001
The Special Committee on Illegal Drugs, which was empowered by the Senate to incur expenses for the purpose of its special study to reassess Canada's anti-drug legislation and policies, reports, pursuant to Rule 104, that the expenses incurred by the Committee during the Second Session of the Thirty-sixth Parliament were as follows:
| Professional and Other Services | $ 61,239.27 |
| Transportation and Communications | -- |
| Witness Expenses | 3,598.65 |
| Other | -- |
| Total | $ 64,837.92 |
In the course of the Second Session of the Thirty-sixth Parliament, the Committee held five meetings and heard four witnesses.
Respectfully submitted,
PIERRE CLAUDE NOLIN
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Finestone, P.C., tabled the following:Report of the Canadian Group of the Inter-Parliamentary Union respecting its participation at the 104th Inter-Parliamentary Conference, held in Jakarta, Indonesia, from October 12 to 21, 2000.-Sessional Paper No. 1/37-124.
The Honourable Senator Milne tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Council of Europe preparatory meeting of the European Bank for Reconstruction and Development (EBRD) Debate, held in London, England, from January 16 to 20, 2001.-Sessional Paper No. 1/37-125.
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the first part of the 2001 session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from January 20 to 27, 2001.-Sessional Paper No. 1/37-126.
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With leave,The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Maheu presented the following:
WEDNESDAY, March 14, 2001
The Standing Joint Committee on Official Languages has the honour to present its
FIRST REPORT
Your Committee which is authorized by section 88 of the Official Languages Act to review on a permanent basis the administration of the Act, any regulations and directives made under the Act and the reports of the Commissioner of Official Languages, the President of the Treasury Board and the Minister of Canadian Heritage, reports, pursuant to Rule 104 of the Rules, that the expenses incurred by the Committee during the Second Session of the Thirty-sixth Parliament are as follows.| Professional Services | $ - |
| Transportation | - |
| Other, Miscellaneous | 245.16 |
| Total | $ 245.16 |
During the session the Committee continued its examination of Part VII of the Official Languages Act which commits the federal government to supporting and assisting the development of English and French linguistic minority communities in Canada. The Committee held 13 meetings and presented an interim report on the application of Part VII of the Official Languages Act.
Your Committee recommends that its quorum be fixed at seven (7) members, provided that both Houses are represented and one member of the opposition from each House is present whenever a vote, resolution or other decision is taken, and that the Co-Chairs be authorized to hold meetings in order to receive evidence and authorize the printing thereof when a quorum is not present provided four (4) members are present, and that both Houses and one opposition member is present.
A copy of the relevant Minutes of Proceedings (Meeting No.1) is tabled at the House of Commons.
Respectfully submitted,
SHIRLEY MAHEU
Joint Chair
The Honourable Senator Maheu moved, seconded by the Honourable Senator Joyal, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
Resuming debate on the motion of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Rompkey, P.C.:That Rule 86 of the Rules of the Senate be amended:
1. by deleting subsection 86(1)(h) and replacing it with the following:
(h) The Senate Committee on Foreign Affairs, composed of twelve members, four of whom shall constitute a quorum, to which shall be referred, if there is a motion to that effect, bills, messages, petitions, inquiries, papers and other matters relating to foreign and Commonwealth relations generally, including:
(i) treaties and international agreements;
(ii) external trade;
(iii) foreign aid;
(iv) territorial and offshore matters.
2. by deleting subsection 86(1)(m) and replacing it with the following:
(m) The Senate Committee on Social Affairs, Science and Technology, composed of twelve members, four of whom shall constitute a quorum, to which shall be referred, if there is an order of the Senate to that effect, bills, messages, petitions, inquiries, papers and other matters relating to social affairs, science, and technology generally, including:
(i) Indian and Inuit affairs;
(ii) cultural affairs and the arts;
(iii) social and labour matters;
(iv) health and welfare;
(v) pensions;
(vi) housing;
(vii) fitness and amateur sports;
(viii) employment and immigration;
(ix) consumer affairs; and
(x) youth affairs.
3. by adding new subsections 86(1)(r) and 86(1)(s) after subsection 86(1)(q) as follows:
(r) The Senate Committee on Defence and Security, composed of nine members, four of whom shall constitute a quorum, to which may be referred, as the Senate may decide, bills, messages, petitions, inquiries, papers and other matters relating to national defence and security generally, including veterans affairs.
(s) The Senate Committee on Human Rights, composed of nine members, four of whom shall constitute a quorum, to which may be referred, as the Senate may decide, bills, messages, petitions, inquires, papers and other matters relating to human rights generally.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Cordy, seconded by the Honourable Senator Setlakwe:
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, 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 Rossiter, that the following be added to the Address:
We respectfully affirm to Your Excellency that the Speech from the Throne would have captured the imagination of the people of Canada if it contained the following words:
"Canadians are the finest people in the world community today. Our common citizenship speaks to many ways of being Canadian and affords us unique opportunities to be leaders for freedom and dignity for every person with who we share planet earth in the 21st Century.
My government recognizes that we are blessed with an incomparable landscape, natural and human resources, and an historical foundation of freedom, peace and civility. Canada has always been a place where people, seeking opportunity, fairness and security, can build a future.
Despite these enduring strengths, many Canadians feel they no longer share in the Canadian dream. The world is changing rapidly around us, but we face an uncertain and challenging future without a plan. There is a growing sense we have lost our direction.
We need to restore a "common purpose" to this country - to recapture the sense that we are acting together in the interests of the whole community, and to encourage those acts of will that have defined Canada and moved it forward at critical times in our past.
My government's blueprint for this country's future is a plan to strengthen Canada's communities, build a vibrant economy, and govern with integrity.
Strengthening Canada's communities
Canadians feel that the fabric of Canada's communities and institutions has been weakened in recent years.
Canadians' faith in their healthcare system has been shaken. Healthcare cuts have closed thousands of hospital beds, jammed emergency rooms and created unacceptable waiting lists for critical services and treatments.
Cuts to post-secondary education funding have resulted in higher college and university tuition fees, and intolerable debt loads for students. Access to higher education is being lost in Canada, even as the knowledge economy raises the premium on higher qualifications.
At a time when Canadians do not feel safe in their communities, the RCMP has been starved for resources. Meanwhile, the gun registration program is costing Canadians hundreds of millions of dollars, while treating law-abiding gun owners as if they were criminals.
Canadians want to see their common values reflected in Canada's social programs: self-reliance and personal responsibility balanced by compassion, investments in a healthy and well-educated populace, safe communities and fiscal responsibility.
Canadians want their national government to provide leadership in protecting the environment.
My government's Plan for Canada addresses all these issues to build a stronger Canada through stronger communities.
My government will:
- Immediately restore the cash portion of the Canada Health and Social Transfer to at least 1993-94 levels. This would restore completely the health and post-secondary education dollars cut from transfers to provinces.
- Add a sixth principle to medicare - guaranteed stable and predictable long-term healthcare funding - through legislation. Never again will a government be able to scoop billions of dollars out of health care.
- Increase and make refundable the caregiver credit, in consultation with groups representing seniors and Canada's disability community.
- Change the repayment terms for Canada Student Loans to provide that loans are repaid as a percentage of net after tax income starting the first full working year after graduation.
- Introduce a tax credit for post-secondary students repaying Canada Student Loans to a maximum of 10 per cent of the loan principal, per year, for the first 10 years after graduation, provided they remain employed in Canada.
- End the taxation of scholarships awarded to students in colleges and universities.
- Provide the RCMP with stable funding, and with an explicit priority to defeat organized crime, particularly money laundering, human and contraband smuggling, fraud and computer crime.
- Replace the federal Young Offenders Act with new legislation that reflects the principles of protection of the public, deterrence and denunciation balanced with rehabilitation, and the greater use of restorative justice.
- Repeal the current long gun registration system and uphold and enforce provisions that control criminal and unsafe use of firearms.
- Make the health of Canada's children an explicit priority of environmental legislation by introducing a Safe Water Act and a Safe Air Act.
Building a stronger economy
The average Canadian today loses about 47 per cent of his or her income to taxes. High taxes have eroded the standard of living of Canadian families. They have made our businesses less competitive. And they are driving young professionals and entrepreneurs to seek their futures in other countries.
Canadians know that today's balanced budget and growing economy were only achieved through their sacrifice and hard work. They want to share in Canada's prosperity, but they want tax reductions to be fair and benefit all Canadians.
Canadians also know that success in today's world requires that we be competitive with our trading partners, that the new economy demands we reward investment, innovation and creativity.
Canadians want the burden of the national debt - now totalling $560 billion - lifted from the shoulders of their children.
And Canadians want strategic investments targeted towards their priorities.
My government will:
- Cut taxes for all Canadians by raising the basic personal exemption from the current level of $7,231 to $12,000 by 2005. This tax cut will remove 2.3 million low income Canadians - those least able to pay taxes - from the tax rolls. It will also deliver across-the-board tax relief of up to $1,100 (federal/provincial) to the average taxpayer.
- Increase the married and equivalent spouse amount to $12,000 by 2005. When this change is fully implemented, a single earner family would not pay income tax until their income reached $24,000 per year.
- Introduce a child tax amount of $1,176 to assist Canadian families. This will create a tax cut for families with children of $200 per child.
- Eliminate the personal capital gains tax immediately. This will free venture capital, reward personal initiative and help reverse the brain drain by encouraging entrepreneurs to build their future in Canada.
- Cut excise taxes on gasoline, diesel fuel and home heating fuels to help ease the burden of rising energy costs.
- Eliminate the national debt - the mortgage on our children's future - within 25 years, and pay down the principal on the debt by $25 billion over the next five years.
- Implement an annual "Red Tape Budget" detailing the estimated total of each new proposed government regulation, including the enforcement costs to the government and the compliance costs to individual citizens and businesses.
- Actively expand global trading partnerships with other nations, while promoting human rights and the environment, and protecting our culture.
- Establish the Federal Agriculture Stabilization Transfer (FAST), a comprehensive national safety net program, to include a revenue/income stabilization component and a reliable disaster relief fund.
- Work with the international community to protect trans-boundary fisheries from unsustainable harvesting practices on our east and west coasts.
Governing with integrity
A strong democracy is essential to everything we want to do as a country.
What makes democratic government work or fail is the public's willingness to accept or support decisions made on their behalf. Just as we need wealth to prosper, we need trust to govern. That trust has been missing in Ottawa.
Intolerance of legitimate dissent has dramatically weakened the role of Members of Parliament. We cannot continue to inspire our most able citizens to stand for public office if they are shut out of involvement and influence after they are elected.
My government would restore integrity to the governing of Canada by increasing the democratic accountability of government to Parliament.
The government will:
- Strengthen the role of MPs by allowing more free votes in the House of Commons. MPs must be able to represent the views of those who elected them.
- Empower Parliament to scrutinize the spending practices of federal departments without a time limit.
- Introduce comprehensive "whistle-blower" legislation.
- Increase annual defence spending over the next five years to support adequate strength levels, improve the quality of life of Armed Forces personnel and support the procurement of new equipment.
A balanced and prudent plan
My government's plan for Canada is a balanced and prudent blueprint to restore purpose and direction to Canada, to point us towards a successful future in a changing world.
The numbers add up for Canada. In my government's five-year plan:
- We've placed the greatest emphasis - over $55 billion - on reducing taxes to leave more money in the hands of Canadians. It's their money, and we want to leave it up to them to save, spend or invest as they see fit.
- Our mandatory debt repayment plan will eliminate the debt mortgage on our children's future within 25 years. Over the coming five years, our plan will reduce the federal debt by $25 billion. As part of this plan, we will reallocate 1.3 per cent of the current annual program budget to reducing the debt.
- We have identified targeted new investments in programs totalling $7.4 billion.
Members of the House of Commons:
You will be asked to appropriate the funds required to carry out the services and expenditures authorized by Parliament.
Honourable Members of the Senate and the House of Commons:
May Divine Providence guide you in your deliberations."
After debate,
At 3:30 p.m., pursuant to the Order adopted by the Senate yesterday, the Senate adjourned.
(Accordingly, at 3:30 p.m. the Senate was continued until 2:00 p.m. tomorrow.)