50 Elizabeth II, A.D. 2001, Canada

Journals of the Senate

1st Session, 37th Parliament

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Issue 48

Thursday, June 14, 2001
1:30 p.m.

The Honourable Daniel Hays, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Atkins, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Kelleher, Kenny, Keon, Kinsella, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Rompkey, Rossiter, Setlakwe, Sibbeston, Simard, Sparrow, Spivak, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe

The Members in attendance to business were:

The Honourable Senators

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

PRAYERS

 

SENATORS' STATEMENTS

Tribute was paid to the Honourable Senator DeWare, who will retire from the Senate on August 9, 2001.

Tribute was paid to the Honourable Senator Cohen, who will retire from the Senate on July 23, 2001.

Some Honourable Senators made statements.

 

DAILY ROUTINE OF BUSINESS

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-11, An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger, to which they desire the concurrence of the Senate.

The Bill was read the first time.

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

A Message was brought from the House of Commons with a Bill C-24, An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts, to which they desire the concurrence of the Senate.

The Bill was read the first time.

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

Third reading of Bill C-25, An Act to amend the Farm Credit Corporation Act and to make consequential amendments to other Acts.

The Honourable Senator Tunney moved, seconded by the Honourable Senator Morin, that the Bill be read the third time.

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, without amendment.

Resuming debate on the motion of the Honourable Senator Finnerty, seconded by the Honourable Senator Sibbeston, for the second reading of Bill C-29, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2002.

Debate.

 

DEFERRED DIVISION

At 3:00 p.m. and pursuant to Rule 66(3), the Senate proceeded to the taking of the deferred recorded division on the motion in amendment of the Honourable Senator Lynch-Staunton to the motion of the Honourable Senator Sibbeston, seconded by the Honourable Senator Milne, for the third reading of Bill C-4, An Act to establish a foundation to fund sustainable development technology.

The question was put on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Cochrane, that the Bill be not now read a third time but that it be referred back to the House of Commons for further study.

The motion in amendment was negatived on the following division:

YEAS

The Honourable Senators

Andreychuk Atkins Bolduc Buchanan Cochrane Cohen Comeau DeWare Di Nino Doody Eyton Forrestall Gustafson Kelleher Keon Kinsella LeBreton Lynch-Staunton Meighen Nolin Oliver Rossiter Simard Spivak Stratton Tkachuk-26

NAYS

The Honourable Senators

Adams Banks Bryden Chalifoux Christensen Cook Cools Corbin Cordy De Bané Fairbairn Ferretti Barth Finestone Finnerty Fitzpatrick Furey Gauthier Gill Graham Hervieux-Payette Hubley Joyal Kenny Kolber Kroft Lawson Losier-Cool Maheu Milne Moore Morin Poulin Poy Prud'homme Robichaud Rompkey Setlakwe Sibbeston Sparrow Stollery Taylor Tunney Watt Wiebe-44

ABSTENTIONS

The Honourable Senators

Nil

The question then being put on the motion of the Honourable Senator Sibbeston, seconded by the Honourable Senator Milne, for the third reading of Bill C-4, it was adopted on division.

The Bill was then read the third time and passed, on division.

Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.

 

Bills

The Senate resumed debate on the motion of the Honourable Senator Finnerty, seconded by the Honourable Senator Sibbeston, for the second reading of Bill C-29, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2002.

After debate,

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

The Bill was then read the second time.

With leave of the Senate,

The Honourable Senator Finnerty moved, seconded by the Honourable Senator Chalifoux, that the Bill be now read the third time.

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.

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

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The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.

The Communication was then read by the Honourable the Speaker as follows:

RIDEAU HALL

June 14, 2001

Mr. Speaker:

I have the honour to inform you that the Right Honourable Adrienne Clarkson, Governor General of Canada, will proceed to the Senate Chamber today, the 14th day of June, 2001, at 17:00, for the purpose of giving Royal Assent to certain bills.

Yours sincerely,

Barbara Uteck

Secretary to the Governor General

The Honourable
The Speaker of the Senate
Ottawa

 

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 4 were called and postponed until the next sitting.

The Order was called to resume debate on the motion of the Honourable Senator Stratton, seconded by the Honourable Senator Cohen, for the second reading of Bill S-20, An Act to provide for increased transparency and objectivity in the selection of suitable individuals to be named to certain high public positions.

 

SPEAKER'S STATEMENT

You will recall that earlier this month, on June 5, Senator Joyal raised a point of order with respect to the possible requirement for royal consent in relation to Bill S-20. This bill, sponsored by Senator Stratton, seeks to establish a particular process within the Privy Council for the appointment of individuals to certain government positions.

In presenting his case, Senator Joyal urged me as Speaker to take the time necessary to study this matter, since it involved an important constitutional question. For his part, Senator Stratton suggested that the matter of royal consent could be discussed in the Senate Committee on Legal and Constitutional Affairs together with the bill after second reading. This was followed by a proposal from Senator Kinsella who asked that I not consider this to be a point of order "in the ordinary sense that would hold up debate on the principle of the bill." At the time, I expressed to the Senate my view that debate would be allowed to continue while I considered the point of order.

As I have tried to come to grips with the issue, I have found it more difficult than I had anticipated to identify the scope of the royal prerogative that might require the signification of royal consent when it is to be affected by a bill. Even the standard procedural authorities, normally useful guides to parliamentary practice, have not been fully satisfactory. Nor have the Canadian and British precedents, that I am reviewing, helped me to resolve all the questions that I have about the purpose of royal consent. I will need more time to look into this surprisingly complex question more thoroughly.

With the indulgence of the Senate, I intend to continue my study into the matter and report back to the Senate with a ruling at the earliest opportunity. In the meantime, I would remind all Honourable Senators that it remains proper to continue the debate on Bill S-20. There is no absolute requirement to secure royal consent, if it is considered necessary to the bill, before third reading. Should consideration of this bill be referred at some point to committee, I would be very interested to see if expert testimony could be heard with respect to royal consent in general and with specific regard to its possible application with respect to Bill S-20.

Ordered, That the Order to resume debate on second reading of Bill S-20 be postponed until the next sitting.

Order No. 6 was called and postponed until the next sitting.

 

Reports of Committees

Consideration of the Second Report of the Special Committee of the Senate on Illegal Drugs (budget-release of additional funds) presented in the Senate on June 12, 2001.

The Honourable Senator Nolin moved, seconded by the Honourable Senator LeBreton, that the Report be adopted.

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

 

Other

Orders No. 44 (motion), 8 (inquiry), 54, 41 (motions), 7 (inquiry) and 3 (motion) were called and postponed until the next sitting.

Order No. 18 (inquiry) was called and postponed until the next sitting in the name of the Honourable Senator Comeau.

Orders No. 20, 13, 16, 6 and 11 (inquiries) were called and postponed until the next sitting.

Order No. 5 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.

Resuming debate on the inquiry of the Honourable Senator Andreychuk calling the attention of the Senate to the Seventh Report of the Standing Senate Committee on Foreign Affairs: The New NATO and the Evolution of Peacekeeping: Implications for Canada.

After debate,

The Honourable Senator Cools moved, seconded by the Honourable Senator Finestone, P.C., that further debate on the inquiry be adjourned until the next sitting.

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

 

INQUIRIES

The Honourable Senator Finestone, P.C., called the attention of the Senate to the Islamic Emirate of Afghanistan's May 22nd decree that would force non-Muslim's in that country to wear special identification on their clothing. She believes it is important that this distinguished Chamber not remain silent on this question but to go on record in expressing its collective displeasure with that nation's flirtation with policies that set the stage for events that proved horrific in recent human history. Let us learn from our mistakes. Let us not repeat them.

After debate,

The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Eyton, 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 DeBané, P.C., called the attention of the Senate to Mr. Faisal Husseini, one of the great leaders of the Palestinian people, who died on May 31.

After debate,

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

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

 

MOTIONS

The Honourable Senator Robichaud, P.C., for the Honourable Senator Kirby moved, seconded by the Honourable Senator De Bané, P.C.:

That, notwithstanding the Order of the Senate adopted on March 1, 2001, the Standing Senate Committee on Social Affairs, Science and Technology, which was authorized to examine and report upon the developments since Royal Assent was given during the Second Session of the Thirty-sixth Parliament to Bill C-6, an Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act, be empowered to present its final report no later than December 31, 2001.

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

The Honourable Senator Cools moved, seconded by the Honourable Senator Kinsella:

That this House, recognizing the great moral leadership provided by Nelson Mandela to South Africa and to all humanity, agree that he be declared an honorary citizen of Canada.

After debate,

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

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

That the Senate endorse and support the following statements from two of its Standing Committees in relation to Bill C-4 being An Act to establish a foundation to fund sustainable development technology.

From the Fifth Report of the Standing Senate Committee on Energy, the Environment and Natural Resources the following statement:

"The actions of the Government of Canada in creating a private sector corporation as a stand-in for the Foundation now proposed in Bill C-4, and the depositing of $100 million of taxpayer's money with that corporation, without the prior approval of Parliament, is an affront to members of both Houses of Parliament. The Committee requests that the Speaker of the Senate notify the Speaker of the House of Commons of the dismay and concern of the Senate with this circumvention of the parliamentary process."

From the Eighth Report of the Standing Senate Committee on National Finance being its Interim Report on the 2001-2002 Estimates, the Committee's comments on Bill C-4:

"Senators wondered if this was an appropriate way to create such agencies and crown corporations. They questioned whether the government should have passed the bill before it advanced the funding. The members of the Committee condemn this process, which creates and funds a $100 million agency without prior Parliamentary approval."

And that this Resolution be sent to the Speaker of the House of Commons so that he may acquaint the House of Commons with the Senate's views and conclusions on Bill C-4 being An Act to establish a foundation to fund sustainable development technology.

After debate,

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator De Bané, P.C., that further debate on the motion be adjourned until the next sitting.

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 Rompkey, P.C.:

That when the Senate adjourns today, it do stand adjourned until Tuesday, September 18, 2001, at 2:00 p.m.

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

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Pursuant to Rule 135(4), the sitting was suspended until 4:55 p.m.

The sitting resumed.

 

ROYAL ASSENT

The Senate adjourned during pleasure to await the arrival of Her Excellency the Governor General.

After awhile, Her Excellency the Governor General, having come and being seated at the foot of the Throne-

The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that-

"It is the pleasure of Her Excellency the Governor General that they attend her immediately in the Senate Chamber."

The House of Commons being come,

One of the Clerks at the Table then read the titles of the Bills to be assented to as follows:

An Act to amend the Judges Act and to amend another Act in consequence (Bill C-12, Chapter 7, 2001)

An Act to implement an agreement between the Mohawks of Kanesatake and Her Majesty in right of Canada respecting governance of certain lands by the Mohawks of Kanesatake and to amend an Act in consequence (Bill S-24, Chapter 8, 2001)

An Act to establish the Financial Consumer Agency of Canada and to amend certain Acts in relation to financial institutions (Bill C-8, Chapter 9, 2001)

An Act to amend the Patent Act (Bill S-17, Chapter 10, 2001)

An Act to amend the Budget Implementation Act, 1997 and the Financial Administration Act (Bill C-17, Chapter 11, 2001)

An Act to amend the Proceeds of Crime (Money Laundering) Act (Bill S-16, Chapter 12, 2001)

An Act to amend the Motor Vehicle Transport Act, 1987 and to make consequential amendments to other Acts (Bill S-3, Chapter 13, 2001)

An Act to amend the Canada Business Corporations Act and the Canada Cooperatives Act and to amend other Acts in consequence (Bill S-11, Chapter 14, 2001)

An Act to amend the Excise Tax Act (Bill C-13, Chapter 15, 2001)

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 (Bill C-26, Chapter 16, 2001)

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 (Bill C-22, Chapter 17, 2001)

An Act to amend the Eldorado Nuclear Limited Reorganization and Divestiture Act and the Petro-Canada Public Participation Act (Bill C-3, Chapter 18, 2001)

An Act to amend the Federal-Provincial Fiscal Arrangements Act (Bill C-18, Chapter 19, 2001)

An Act to amend the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act (Bill C-28, Chapter 20, 2001)

An Act to amend the Canada Elections Act and the Electoral Boundaries Readjustment Act (Bill C-9, Chapter 21, 2001)

An Act to amend the Farm Credit Corporation Act and to make consequential amendments to other Acts (Bill C-25, Chapter 22, 2001)

An Act to establish a foundation to fund sustainable development technology (Bill C-4, Chapter 23, 2001)

An Act to amend the Act of incorporation of the Conference of Mennonites in Canada (Bill S-25)

An Act to authorize The Imperial Life Assurance Company of Canada to apply to be continued as a company under the laws of the Province of Quebec (Bill S-27)

An Act to authorize Certas Direct Insurance Company to apply to be continued as a company under the laws of the Province of Quebec (Bill S-28).

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-

"In Her Majesty's name, Her Excellency the Governor General doth assent to these Bills."

5:18 p.m.

The Deputy Speaker of the House of Commons addressed Her Excellency the Governor General as follows:

"May it Please Your Excellency:

The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.

In the name of the Commons, I present to Your Excellency the following Bill:

An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2002 (Bill C-29, Chapter 24, 2001),

To which Bill I humbly request Your Excellency's Assent."

After one of the Clerks at the Table read the title of the Bill-

To this Bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:

"In Her Majesty's name, Her Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to this Bill."

5:21 p.m.

The Commons withdrew.

After which Her Excellency the Governor General was pleased to retire.

 

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Document entitled "Canadian Security Intelligence Service-2000 Public Report".-Sessional Paper No. 1/37-288.

Report on the administration of the Canadian Environmental Protection Act for the fiscal year ended March 31, 2000, pursuant to the Act, R.S.C. 1985, c. 16 (4th Supp.), s. 138.-Sessional Paper No. 1/37-289.

Reports of the Canadian Environmental Assessment 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. 1/37-290.

Reports of the Canada Customs and Revenue 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. 1/37-291.

Reports of Canada Mortgage and Housing 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. 1/37-292.

Report of the Canada Pension Plan, together with the Auditor General's report, for the fiscal year ended March 31, 2000, pursuant to the Act to amend the Canada Pension Plan, R.S.C. 1985, c. C-8, s. 117.-Sessional Paper No. 1/37-293.

Reports of the Copyright Board 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. 1/37-294.

Reports of the Standards Council of Canada 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. 1/37-295.

Summaries of the Corporate Plan for 2001-02 to 2005-06 and of the Operating and Capital Budgets for 2001-02 of the Standards Council of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 1/37-296.

Report of the Farm Credit Corporation, together with the Auditor General's report, for the fiscal year ended March 31, 2001, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).-Sessional Paper No. 1/37-297.

Report on the Farm Debt Mediation Act, Farm Debt Mediation Service and Farm Consultation Service, pursuant to the Farm Debt Mediation Act, S.C. 1997, c. 21, sbs. 28(3).-Sessional Paper No. 1/37-298.

 

ADJOURNMENT

The Honourable Senator Corbin, moved, seconded by the Honourable Senator Rompkey, P.C.:

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, September 18, 2001, at 2:00 p.m.)

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

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Finestone removed from the membership (June 13).

The name of the Honourable Senator Fairbairn substituted for that of the Honourable Senator Sparrow (June 13).

Standing Senate Committee on Fisheries

The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Hubley (June 13).

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Finestone substituted for that of the Honourable Senator Pépin (June 13).

The names of the Honourable Senators Callbeck, Pépin and Morin substituted for those of the Honourable Senators Morin Finestone and Pépin (June 14).

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