Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 29
Thursday, April 26, 2001
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Austin, Bacon, Beaudoin, Bolduc, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Doody, Fairbairn, Ferretti Barth, Finestone, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Keon, Kinsella, Kirby, Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, Sibbeston, Simard, Sparrow, Stollery, Stratton, Tkachuk, Watt, Wilson
The Members in attendance to business were:
The Honourable Senators
*Adams, Andreychuk, Angus, Austin, Bacon, *Banks, Beaudoin, Bolduc, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, *Di Nino, Doody, *Eyton, Fairbairn, Ferretti Barth, Finestone, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, *Kelleher, *Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, *Setlakwe, Sibbeston, Simard, Sparrow, *Spivak, Stollery, Stratton, *Taylor, Tkachuk, Watt, Wilson
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
With leave of the Senate,The Honourable Senator Nolin tabled the following:
Magazine article published in 1988: The Meech Lake Primer-Conflicting Views of the 1987 Constitutional Accord, edited by Michael D. Behiels. (English text)-Sessional Paper No. 1/37-185S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kirby, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Fourth Report (Bill S-14, An Act respecting Sir John A. Macdonald Day and Sir Wilfrid Laurier Day) without amendment.The Honourable Senator Kirby moved, seconded by the Honourable Senator Cook, 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 Milne presented the following:
THURSDAY, April 26, 2001
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
THIRD REPORT
Your Committee, to which was referred Bill S-25, An Act to amend the Act of incorporation of the Conference of Mennonites in Canada, has, in obedience to the Order of Reference of April 4, 2001, examined the said Bill and now reports the same with the following amendment:(a) on page 1, by replacing lines 27 to 29, with the following:
"2. Sections 1 to 5 of the Act are replaced by the following:
1. (1) The Corporation created by chapter 91 of the Statutes of Canada, 1947, is continued as a body corporate under the name "Mennonite Church Canada".
(2) The Corporation consists of those congregations of Mennonites and conferences of Mennonites that are corporate members of the Corporation on the coming into force of this Act and such other congregations of Mennonites, conferences of Mennonites or other entities as may become corporate members thereof.
2. (1) The head office of the Corporation"; and
(b) on page 2, by replacing line 6 with the following:
"3. (1) Subject to this Act, the Corpor-".
Respectfully submitted,
LORNA MILNE
Chair
The Honourable Senator Milne 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator De Bané, P.C., seconded by the Honourable Senator Poulin, for the third reading of Bill S-4, A First 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,And on the motion in amendment of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., that the Bill be not now read a third time but that it be amended,
(a) on page 1, by deleting the preamble; and
(b) in the English version of the enacting clause, on page 2, by replacing line 1 with the following:
"Her Majesty, by and",
And on the motion in amendment of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Moore, that the Bill be not now read a third time but that it be amended in the preamble, on page 1, by replacing lines 5 to 7 with the following:
"Province of Quebec finds its principal expression in the Civil Code of Québec;".
And on the motion in amendment of the Honourable Senator Moore, seconded by the Honourable Senator Joyal, P.C., that the Bill be not now read a third time but that it be amended in the preamble, on page 1, by replacing lines 15 and 16 with the following:
"two major legal traditions gives Canadians enhanced opportunities worldwide and facilitates ex-".
After debate,
Pursuant to the Order adopted on April 24, 2001, the question being put on the motion in amendment of the Honourable Senator Moore, it was adopted on division.
The question was put on the motion in amendment of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Moore, that the Bill be not now read a third time but that it be amended in the preamble, on page 1, by replacing lines 5 to 7 with the following:
"Province of Quebec finds its principal expression in the Civil Code of Québec;".
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Cools Grafstein Joyal Moore Sparrow Watt-6
NAYS
The Honourable Senators
Andreychuk Angus Austin Bacon Beaudoin Bolduc Carstairs Chalifoux Christensen Cochrane Comeau Cook De Bané DeWare Doody Fairbairn Finestone Fitzpatrick Forrestall Fraser Furey Gauthier Gill Graham Hervieux-Payette Hubley Keon Kinsella Kroft LeBreton Losier-Cool Lynch-Staunton Maheu Mahovlich Mercier Milne Morin Murray Nolin Oliver Pearson Poulin Poy Prud'homme Rivest Robichaud Roche Rompkey Rossiter Sibbeston Simard Tkachuk-52
ABSTENTIONS
The Honourable Senators
Corbin Ferretti Barth Gustafson-3
The question was put on the motion in amendment of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., that the Bill be not now read a third time but that it be amended,
(a) on page 1, by deleting the preamble; and
(b) in the English version of the enacting clause, on page 2, by replacing line 1 with the following:
"Her Majesty, by and",
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk Cools Grafstein Gustafson Joyal Moore Sparrow Watt-8
NAYS
The Honourable Senators
Angus Austin Bacon Beaudoin Bolduc Carstairs Chalifoux Christensen Cochrane Comeau Cook De Bané DeWare Doody Fairbairn Finestone Fitzpatrick Forrestall Fraser Furey Gauthier Gill Graham Hervieux-Payette Hubley Keon Kinsella Kroft LeBreton Losier-Cool Lynch-Staunton Maheu Mahovlich Mercier Milne Morin Murray Nolin Oliver Pearson Poulin Poy Prud'homme Rivest Robichaud Roche Rompkey Rossiter Sibbeston Simard-50
ABSTENTIONS
The Honourable Senators
Corbin Ferretti Barth Tkachuk-3The question then being put on the motion of the Honourable Senator De Bané, P.C., seconded by the Honourable Senator Poulin, for the third reading of Bill S-4, A First 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, as amended, it was adopted on the following division:
YEAS
The Honourable Senators
Andreychuk Angus Austin Bacon Beaudoin Bolduc Carstairs Chalifoux Christensen Cochrane Comeau Cook Corbin De Bané DeWare Doody Fairbairn Ferretti Barth Finestone Fitzpatrick Forrestall Fraser Furey Gauthier Gill Graham Hervieux-Payette Hubley Keon Kinsella Kroft LeBreton Losier-Cool Lynch-Staunton Maheu Mahovlich Mercier Milne Morin Murray Nolin Oliver Pearson Poulin Poy Prud'homme Rivest Robichaud Roche Rompkey Rossiter Sibbeston Simard Tkachuk Watt-55
NAYS
The Honourable Senators
Nil
ABSTENTIONS
The Honourable Senators
Cools Grafstein Gustafson Joyal Moore Sparrow-6
Accordingly, the Bill, as amended, was read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill to which they desire their concurrence.
Bills
Orders No. 4, 2, 3 and 5 were called and postponed until the next sitting.Second reading of Bill C-13, An Act to amend the Excise Tax Act.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the Bill be read the second time.
After debate,
The Honourable Senator Doody moved, seconded by the Honourable Senator Oliver, 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 C-4 An Act to establish a foundation to fund sustainable development technology.
The Honourable Senator Sibbeston moved, seconded by the Honourable Senator Chalifoux, that the Bill be read the second time.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Cochrane moved, seconded by the Honourable Senator DeWare, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.Resuming debate on the motion of the Honourable Senator Finestone, P.C., seconded by the Honourable Senator Rompkey, P.C., for the second reading of Bill S-21, An Act to guarantee the human right to privacy.
After debate,
In amendment, the Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Finestone, P.C., that Bill S-21 be not now read the second time but that the subject-matter thereof be referred to the Standing Senate Committee on Social Affairs, Science and Technology; and
That the Order to resume debate on the motion for the second reading of the Bill remain on the Order Paper.
After debate,
The question being put on the motion in amendment, it was adopted.
Orders No. 5 and 6 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Mahovlich, for the second reading of Bill S-19, An Act to amend the Canada Transportation Act.
After debate,
The Honourable Senator Poulin moved, seconded by the Honourable Senator Cook, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 8 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Poulin, for the adoption of the Second Report (Interim) of the Standing Senate Committee on Social Affairs, Science and Technology entitled: The Health of Canadians - The Federal Role, Volume One: The Story So Far, tabled in the Senate on March 28, 2001.
After debate,
The Honourable Senator Milne moved, seconded by the Honourable Senator Poy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 to 5 were called and postponed until the next sitting.
Other
Orders No. 2, 10 (inquiries) and 44 (motion) were called and postponed until the next sitting.Resuming debate on the inquiry of the Honourable Senator Poy calling the attention of the Senate to the national anthem.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Pépin.
Orders No. 8, 16, 18 (inquiries), 41 (motion) 1, 17, 15, 6 (inquiries) and 3 (motion) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Oliver called the attention of the Senate to the relationship of Canadian business and the Ottawa bureaucracy and how it was affected by the recent circulation of a memorandum by Peter Dey, the former Chair of the Ontario Securities Commission and now Chairman of Morgan Stanley Canada. He also drew Honourable Senators' attention to that relationship in relation to a recent publication by the Public Policy Forum dealing with the Two Solitudes.After debate,
The Honourable Senator DeWare moved, seconded by the Honourable Senator Kinsella, that further debate on the inquiry be adjourned until the next sitting.
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 Fairbairn, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday next, May 1, 2001, at 2:00 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):
Reports of the Freshwater Fish Marketing Corporation for the fiscal year ended March 31, 2000, pursuant to the Access to Information Act and the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).-Sessional Paper No. 1/37-183.Reports of the Royal Canadian Mint from January 1, 2000 to December 31, 2000, pursuant to the Access to Information Act and the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).-Sessional Paper No. 1/37-184.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Fitzpatrick:That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:25 p.m. the Senate was continued until Tuesday next, May 1, 2001, at 2:00 p.m.)
___________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal PeoplesThe name of the Honourable Senator Fraser substituted for that of the Honourable Senator Hubley (April 25).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Mahovlich, Fitzpatrick, Tkachuk, Setlakwe and Wiebe substituted for those of the Honourable Senators Setlakwe, Wiebe, Lynch-Staunton, Mahovlich and Fitzpatrick (April 26).
Standing Senate Committee on Foreign Affairs
The name of the Honourable Senator Setlakwe substituted for that of the Honourable Senator Gill (April 26).
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Pépin, Hubley, Morin, Callbeck and Pépin substituted for those of the Honourable Senators Morin, Pépin, Callbeck, Morin and Hubley (April 26).