50 Elizabeth II, A.D. 2001, Canada

Journals of the Senate

1st Session, 37th Parliament

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Issue 44

Thursday, June 7, 2001
1:30 p.m.

The Honourable Daniel Hays, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Ferretti Barth, Finestone, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Joyal, Kelleher, Kenny, Kinsella, Kirby, Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mercier, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Rompkey, Rossiter, Setlakwe, Sibbeston, Simard, Sparrow, Spivak, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe, Wilson

The Members in attendance to business were:

The Honourable Senators

*Adams, Andreychuk, *Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, *Comeau, *Cook, Cools, Corbin, *Cordy, De Bané, DeWare, Di Nino, Doody, Ferretti Barth, Finestone, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Joyal, Kelleher, Kenny, Kinsella, Kirby, Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, *Mahovlich, Mercier, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Poulin (Charette), Poy, Prud'homme, Rivest, *Robertson, Robichaud, Rompkey, Rossiter, Setlakwe, Sibbeston, Simard, Sparrow, Spivak, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe, Wilson

PRAYERS

 

SENATORS' STATEMENTS

Some Honourable Senators made statements.

 

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Office of the Auditor General of Canada for the fiscal year ended March 31, 2001, pursuant to the Privacy Act, R.S.C., 1985, c. P-21, sbs 72(2).-Sessional Paper No. 1/37-265.

 

Presentation of Reports from Standing or Special Committees

The Honourable Senator Kolber, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Seventh Report (Bill C-13, An Act to amend the Excise Tax Act) without amendment.

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., 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 Kolber, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Eighth Report (Bill C-26, An Act to amend the Customs Act, the Customs Tariff, the Excise Act, the Excise Tax Act and the Income Tax Act in respect of tobacco) without amendment.

The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Pépin, 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 Kolber, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Ninth Report (Bill C-22, An Act to amend the Income Tax Act, the Income Tax Application Rules, certain Acts related to the Income Tax Act, the Canada Pension Plan, the Customs Act, the Excise Tax Act, the Modernization of Benefits and Obligations Act and another Act related to the Excise Tax Act) without amendment.

The Honourable Senator Banks moved, seconded by the Honourable Senator Wiebe, 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 Kenny, Chair of the Standing Senate Committee on Defence and Security, presented its First Report (budget 2001-02).

(The Report is printed as Appendix "A")

The Honourable Senator Kenny moved, seconded by the Honourable Senator Maheu, 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 Murray, P.C., Chair of the Standing Senate Committee on National Finance, presented its Sixth Report (Bill C-17, An Act to amend the Budget Implementation Act, 1997 and the Financial Administration Act) without amendment.

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., 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 Kroft presented the following:

THURSDAY, June 7, 2001

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

SEVENTH REPORT

Your Committee recommends that the following funds be released for fiscal year 2001-2002.

Aboriginal Peoples (Legislation)

Professional and Other Services	$ 6,200
Transport and Communications	3,000
Other Expenditures	500
Total	$ 9,700

RICHARD KROFT

Chair

The Honourable Senator Kroft 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 Hervieux-Payette, P.C., Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, presented its First Report "C" (budget-travel to Sydney, Australia).

(The Report is printed as Appendix "B")

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Rompkey, 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.

The Honourable Senator Hervieux-Payette, P.C., Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, tabled its Second Report (Fresh Fruit and Vegetable Regulations).-Sessional Paper No. 1/37-266S.

The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Human Rights, presented its First Report (budget).

(The Report is printed as Appendix "C")

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Forrestall, 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 Milne presented the following:

THURSDAY, June 7, 2001

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

EIGHTH REPORT

Your Committee, to which was referred Bill C-9, An Act to amend the Canada Elections Act and the Electoral Boundaries Readjustment Act, has, in obedience to the Order of Reference of May 9, 2001, examined the said Bill and now reports the same without amendment, but with the following observations:

The major impetus for Bill C-9 was the recent ruling of the Ontario Court of Appeal in Figueroa v. Canada (Attorney General) in August 2000. The Court held that the sections of the Canada Elections Act which provide that only registered parties can have the party affiliation of their candidates listed on the ballot violate the right to vote in section 3 of the Canadian Charter of Rights and Freedoms and are not justifiable limits to that right under section 1. The Court found that the right to vote contains an informational component, and the listing of party affiliation on the ballot is an important piece of information for voters. While the provisions in the Act seek to avoid voters being confused or misled, it did not follow that because a political party nominates 49 or fewer candidates, the listing of the party affiliation on the ballot will mislead or confuse voters. In fact, for smaller parties, it may provide the only information that the voter has about that particular candidate. These provisions were therefore declared invalid, but the declaration was suspended for six months to allow Parliament a reasonable opportunity to amend the legislation.

In response to the judgement of the Court of Appeal, Bill C-9 would allow "political parties" - that is, groupings or entities who nominate at least 12 candidates - to have the affiliation of their candidates shown on the ballot. Clause 12 of the bill further provides that in the case of by-elections, only those parties that had nominated at least 12 candidates in the preceding general election are entitled to have their candidates identified on the ballot. This is not, however, any different than is currently the case for new registered parties under the Canada Elections Act.

In his appearance before your Committee on May 30, 2001, the Chief Electoral Officer of Canada, Mr. Jean-Pierre Kingsley, stated that while his office had no concerns with the technical and administrative amendments proposed in Bill C-9, he felt that the changes regarding identification of political affiliation of candidates on electoral ballots raise some important issues. In particular, Mr. Kingsley felt that a candidate representing a political party at a by-election should be allowed to have his or her political affiliation on the ballot, provided the party has fulfilled all the requirements of the Canada Elections Act. It, therefore, logically follows that a single candidate representing a political party at a general election, should also be allowed to have his or her political affiliation on the ballot, again provided that the party had met the requisite legislative requirements.

In his appearance before your Committee, the leader of the Christian Heritage Party provided a practical example of how, in his view, the current threshold provisions on ballot identification can work to generate misinformation among voters. Due to the de-registration of the Party, its candidates could not be identified on the ballot during the last general election. Apparently, one member of the party spoiled her ballot because she believed that the Party's candidate was no longer running for the Christian Heritage Party, since he was not identified on the ballot as being endorsed by the Party.

The Chief Electoral Officer also used this example before your Committee in support of his position that a single candidate representing a political party at a general election should be permitted to have his or her political affiliation on the ballot As well, the Chief Electoral Officer referred to the Figueroa decision where the Court pointed out that the Communist Party of Canada (CPC) is a political party within the common understanding of that concept, even though in the general election of 1993, the CPC nominated only seven candidates, and in the general election of 1997, it fielded none at all. The Court noted that the CPC has all the attributes of a party: a leader, officers, a membership, a platform and it chooses and supports candidates for election. Moreover, the CPC is prepared to register and subject itself to the various provisions which regulate the identification of party affiliation on the ballot. In the Court's view, denying candidates of the CPC the right to show their party affiliation on the ballot does nothing to avoid confusing or misleading voters. To the contrary, it denies them information which could assist in determining how to cast their ballot. For example, some (and, history suggests, only a few) will want to cast their ballot in favour of a candidate because he or she is endorsed by the CPC. Others (and, history suggests, the vast majority) would never vote for a candidate endorsed by the CPC. In either case, the voter will be assisted in making an informed choice if the candidate's affiliation with the CPC appears on the ballot.

In response to questions by a member of your Committee concerning the argument that Bill C-9's proposed threshold number of 12 has a certain familiarity and historical resonance with the House of Commons, Mr. Kingsley drew a distinction between those who are elected and those who are trying to get elected. He stated that it was not clear to him why the threshold for the former should be the same for the latter, and he pointed to the fact that the Court of Appeal in Figueroa clearly indicated that it is possible to have different thresholds for different purposes under the Act.

While your Committee sympathizes with the Chief Electoral Officer's view that the political affiliation amendments in Bill C-9 raise some interesting issues, we are cognizant of the fact that the Court of Appeal suspended its declaration of invalidity for a period of only six months commencing August 16, 2000. Your Committee has therefore passed the bill without amendment; however, it is our expectation that this issue will be given due consideration when Mr. Kingsley submits his report on proposed legislative amendments to the Canada Elections Act, pursuant to section 535 of the Act. For its part, the Standing Committee on Legal and Constitutional Affairs will continue to monitor these issues in relation to election law and the electoral process.

Respectfully submitted,

LORNA MILNE

Chair

The Honourable Senator Milne moved, seconded by the Honourable Senator Finnerty, 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.

 

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Losier-Cool tabled the following:

Report of the Canadian Section of the Assemblée parlementaire de la Francophonie, respecting its participation at the meeting of the APF Political Committee, held in Port Louis, Mauritius, from May 10 to 12, 2001.-Sessional Paper No. 1/37-267.

The Honourable Senator Di Nino tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association (OSCE), which participated at the Political Affairs Committee of the Parliamentary Assembly of the Council of Europe, held in Paris, France, on March 12 and 13, 2001, and to the Meeting of the Parliamentary Assembly of the Council of Europe Standing Committee, held in Paris, France, on March 14, 2001.-Sessional Paper No. 1/37-268.

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association which participated at the Second Part of the 2001 Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from April 23 to 27, 2001.-Sessional Paper No. 1/37-269.

 

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Mercier, for the third reading of Bill S-23, An Act to amend the Customs Act and to make related amendments to other Acts, as amended,

And on the motion in amendment of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Simard, that the Bill, as amended, be not now read a third time but that it be further amended in clause 59:

(a) on page 64, by deleting lines 25 to 37; and

(b) on pages 64 and 65, by renumbering subclauses (5) and (6) as subclauses (4) and (5) and any cross-references thereto accordingly.

After debate,

The question being put on the motion in amendment, it was negatived on division.

The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Mercier, for the third reading of Bill S-23, as amended.

After debate,

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

The Bill, as amended, was then 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.

Third reading of Bill C-3, An Act to amend the Eldorado Nuclear Limited Reorganization and Divestiture Act and the Petro-Canada Public Participation Act.

The Honourable Senator Banks moved, seconded by the Honourable Senator Ferretti Barth, that the Bill be read the third time.

After debate,

The Honourable Senator Kinsella for the Honourable Senator Eyton moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.

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

Third 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 Milne, that the Bill be read the third time.

After debate,

The Honourable Senator Kinsella for the Honourable Senator Cochrane moved, seconded by the Honourable Senator Di Nino, that further debate on the motion be adjourned until the next sitting.

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

Order No. 4 was called and postponed until the next sitting.

 

OTHER BUSINESS

Senate Public Bills

Resuming debate on the motion of the Honourable Senator Finestone, P.C., seconded by the Honourable Senator Hervieux-Payette, P.C., for the third reading of Bill S-7, An Act to amend the Broadcasting Act.

After debate,

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

The Bill was then 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.

Orders No. 2 to 6 were called and postponed until the next sitting.

 

Reports of Committees

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

 

Other

Orders No. 2 (inquiry), 54 (motion), 7 (inquiry), 3 (motion), 18 and 20 (inquiries) were called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Gauthier calling the attention of the Senate to the measures that should be taken to encourage and facilitate provision of and access to the widest possible range of French-language broadcasting services in francophone minority communities across Canada.

Debate concluded.

Orders No. 13, 16 (inquiries), 44 (motion), 6, 11, 5, 10, 8 (inquiries) and 41 (motion) were called and postponed until the next sitting.

 

MOTIONS

The Honourable Senator Nolin moved, seconded by the Honourable Senator DeWare:

That the Special Committee of the Senate on Illegal Drugs have power to sit on Monday next, June 11, 2001, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

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 Foreign Affairs have power to sit at 3:30 p.m. Monday, June 11, 2001, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

After debate,

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

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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 Carstairs, P.C.:

That when the Senate adjourns today, it do stand adjourned until Monday next, June 11, 2001, at 4:00 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 Canadian Transportation Agency for the fiscal year ended March 31, 2001, 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. 1/37-260.

Summary of the Corporate Plan for 2001-05 and of the Operating and Capital Budgets for 2001 of Marine Atlantic Inc., and the summary of the Corporate Plans of its subsidiaries for 2001-05, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 1/37-261.

Report of the Canadian Wheat Board for the fiscal year ended March 31, 2001, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).-Sessional Paper No. 1/37-262.

Reports of the Office of the Superintendent of Financial Institutions for the fiscal year ended March 31, 2001, 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. 1/37-263.

Reports of the Farm Credit Corporation for the fiscal year ended March 31, 2001, 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. 1/37-264.

 

ADJOURNMENT

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C.:

That the Senate do now adjourn.

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

(Accordingly, at 2:55 p.m. the Senate was continued until Monday next, June 11, 2001, at 4:00 p.m.)

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