Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 61
Tuesday, October 23, 2001
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Beaudoin, Biron, Bolduc, Buchanan, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Finnerty, Fitzpatrick, Forrestall, Gauthier, Gill, Grafstein, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Kenny, Keon, Kinsella, Kolber, Kroft, LaPierre, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Nolin, Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Robichaud, Roche, Rompkey, Setlakwe, Sparrow, Spivak, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, *Bacon, Beaudoin, Biron, Bolduc, Buchanan, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, *Fairbairn, *Finestone, Finnerty, Fitzpatrick, Forrestall, *Fraser, Gauthier, Gill, Grafstein, Gustafson, Hays, Hervieux-Payette, Hubley, *Jaffer, Joyal, *Kelleher, Kenny, Keon, Kinsella, *Kirby, Kolber, Kroft, LaPierre, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, *Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Robichaud, Roche, Rompkey, Setlakwe, Sparrow, Spivak, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe, Wilson
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Carstairs, P.C., tabled the following:
Memorandum from the Chairperson of the Immigration and Refugee Board, dated October 22, 2001, concerning the position of Deputy Chairperson of the Proposed Refugee Appeal Division. —Sessional Paper No. 1/37-521S.
The Honourable Senator Robichaud, P.C., tabled the following:
Transition Report of the Canadian Tourism Commission, for the nine month period ending December 31, 2000, entitled: Discover our true nature.—Sessional Paper No. 1/37-522S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Cordy for the Honourable Senator Kirby presented the following:
TUESDAY, October 23, 2001
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
NINTH REPORT
Your Committee, to which was referred Bill C-11, An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger, has, in obedience to the Order of Reference of Thursday, September 27, 2001, examined the said Bill and now reports the same without amendment. Your Committee appends to this Report certain observations relating to this Bill.
Respectfully submitted,
MICHAEL KIRBY
Chair
(The Appendix to the Report is printed as an Appendix)
The Honourable Senator Cordy moved, seconded by the Honourable Senator Chalifoux, 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.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Milne:
That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, October 24, 2001, at 1:30 p.m.
The question being put on the motion, it was adopted.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-15A, An Act to amend the Criminal Code and to amend other Acts, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Pearson moved, seconded by the Honourable Senator Poy, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Grafstein tabled the following:
Report by a delegation of the Canadian Section of the Canada-United States Inter-Parliamentary Group respecting its visits to Washington, D.C., in June and July 2001.—Sessional Paper No. 1/37-523.
Presentation of Petitions
The Honourable Senator Milne presented petitions:
Of Residents of the Provinces of Ontario and Saskatchewan concerning the Statistics Act (census records).
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Finestone, P.C.:
That at 3:00 p.m. on Thursday, October 4, 2001, the Senate resolve itself into a Committee of the Whole in order to receive officials from the Department of National Defence and the Department of Public Works and Government Services for a briefing on the procurement process for maritime helicopters.
And on the motion in amendment of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Joyal, P.C., that the motion be amended by striking out the words "Thursday, October 4, 2001'' and replacing them with the following: "Tuesday, October 30, 2001.''
After debate,
The question being put on the motion in amendment, it was adopted.
The Senate resumed debate on the motion, as amended, of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Finestone, P.C.:
That at 3:00 p.m. on Tuesday, October 30, 2001, the Senate resolve itself into a Committee of the Whole in order to receive officials from the Department of National Defence and the Department of Public Works and Government Services for a briefing on the procurement process for maritime helicopters.
After debate,
In amendment, the Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Forrestall, that the motion, as amended, be further amended by adding after "maritime helicopters'' the following sentence:
"And upon completion of this briefing to adjourn to the call of the Chair to hear further witnesses on matters pertaining to the maritime helicopter procurement process, in particular, Colonel Lee Myrhaugen, retired; Mr. Peter Smith, President of the Aerospace Industry Association; Staff Admiral G. Garnett, former Vice Chief of Defence Staff; Lieutenant General George MacDonald, Vice Chief of Defence Staff; and General L.C. Campbell, Chief of Air Staff and such other witnesses as the Committee may decide are necessary to determine the fairness and equity of the maritime helicopter procurement process as developed by the Government of Canada.''
After debate,
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Stratton, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Kinsella, seconded by the Honourable Senator Keon, for the third reading of Bill S-6, An Act to assist in the prevention of wrongdoing in the Public Service by establishing a framework for education on ethical practices in the workplace, for dealing with allegations of wrongdoing and for protecting whistleblowers.
After debate,
With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:
That Bill S-6, An Act to assist in the prevention of wrongdoing in the Public Service by establishing a framework for education on ethical practices in the workplace, for dealing with allegations of wrongdoing and for protecting whistleblowers, be not now read the third time, but that it be referred back to the Standing Senate Committee on National Finance for the purpose of assessing the Bill in the context of the President of the Treasury Board's June 28, 2001, statement and release of the Policy on the Internal Disclosure of Information Concerning Wrongdoing in the Workplace.
The question being put on the motion, as modified, it was adopted.
Orders No. 2 to 7 were called and postponed until the next sitting.
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Ordered, That Motion No. 82 standing in the name of the Honourable Senator Grafstein be brought forward.
MOTIONS
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Pépin:
That the Senate:
- Considering Resolutions 1368 and 1373 adopted by the Security Council of the United Nations on September 12, and September 28, supporting initiatives to eradicate international terrorism that threaten peace, security, human rights and freedoms and the political order of the free and democratic society;
- Considering that in its special session of October 2, 2001, the North Atlantic Council determined that "the attack against the United States on 11 September was directed from abroad and shall therefore be regarded as an action covered by Article 5 of the Washington Treaty, which states that an armed attack on one or more of the Allies in Europe or North America shall be considered an attack against them all'';
- Condemn unequivocally the use of violence and terrorism to overthrow the democratic order and the elimination of human rights and freedoms;
- Support the decision of the Government calling upon the Canadian Armed Forces on active service to join the international campaign against the perpetrators of the terrorist attacks of September 11;
- Express its preoccupation that humanitarian support be given to the civilians affected by that campaign;
- Express its urgent concern that the authors and supporters of those terrorists attacks are brought to justice accordingly;
- Express its strong belief that it is through negotiation and peace settlement that legitimate claims of the States should be dealt with in the International Order; and
That upon adoption of this motion, the said motion should be deemed referred to the Standing Senate Committees on Foreign Affairs and Defence and Security for study and report back to the Chamber in the next 30 days.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Orders No. 1 to 5 were called and postponed until the next sitting.
Consideration of the Third Report (Interim) of the Standing Senate Committee on Fisheries entitled: Aquaculture in Canada's Atlantic and Pacific Regions, deposited with the Clerk of the Senate on June 29, 2001.
After debate,
The Honourable Senator Cook moved, seconded by the Honourable Senator Mahovlich, that further debate on the consideration of the Report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 80 (motion), 16 (inquiry), 3 (motion), 18, 20 (inquiries), 65 (motion), 7 and 13, (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Finestone, P.C., calling the attention of the Senate to three diseases which are sweeping the developing world and which draw many to ask whether intellectual property rights over patented medicines haven't taken precedence over the protection of human life.
After debate,
The Honourable Senator Keon moved, seconded by the Honourable Senator Nolin, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6, 11, 10, 22, 23 (inquiries), 73, 44 (motions), 8 (inquiry), 54 and 41 (motions) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Milne called the attention of the Senate to the recent trip by the Canada-Taiwan Parliamentary Friendship Group to Taiwan on May 18 to 25, and to the issues which were raised and discussed by the delegation with representatives of the Government of Taiwan.
Debate concluded.
With leave of the Senate,
The Honourable Senator Milne tabled the following:
Report of the visit by a delegation of the Canada-Taiwan Friendship Group to Taiwan from May 19 to 25, 2001. —Sessional Paper No. 1/37-524S.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of Statistics 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. 1/37-511.
Report of the Canada Mortgage and Housing Corporation for the fiscal year ended March 31, 2001, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/37-512.
Report of the Canada Lands Company Limited for the fiscal year ended March 31, 2001, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/37-513.
Report of the Queens Quay West Land Corporation for the fiscal year ended March 31, 2001, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/37-514.
Report of the Old Port of Montreal Corporation for the fiscal year ended March 31, 2001, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/37-515.
Report of the Defence Construction (1951) Limited for the fiscal year ended March 31, 2001, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/37-516.
Report of the Canada Post Corporation for the fiscal year ended March 31, 2001, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/37-517.
Report of the Royal Canadian Mint for the fiscal year ended March 31, 2001, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/37-518.
Report of the Canadian International Trade Tribunal entitled "Request for tariff relief by Peerless Clothing Inc. regarding certain woven fabrics of combed wool'', dated October 1, 2001, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.—Sessional Paper No. 1/37-519.
Report of operations under the Fisheries Development Act for the fiscal year ended March 31, 2001, pursuant to the Act, R.S.C. 1985, c. F-21, s. 10.—Sessional Paper No. 1/37-520.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., 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 4:52 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Joint Committee on Official Languages
The name of the Honourable Senator Rivest substituted for that of the Honourable Senator Comeau (October 18).
The names of the Honourable Senators Nolin and Rivest substituted for those of the Honourable Senators Rivest and Nolin (October 22).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Phalen substituted for that of the Honourable Senator Fairbairn (October 21).
The name of the Honourable Senator Biron added to the membership (October 21).
Standing Senate Committee on National Finance
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Adams (October 21).
The names of the Honourable Senators Moore and De Bané substituted for those of the Honourable Senators Banks and Ferretti Barth (October 22).
The name of the Honourable Senator Day substituted for that of the Honourable Senator Tunney (October 23).
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Maheu and Fitzpatrick substituted for those of the Honourable Senators Fairbairn and Pépin (October 21).
The names of the Honourable Senators Christensen, Di Nino, Robichaud, Rompkey, Robichaud and Kirby substituted for those of the Honourable Senators Kirby, Carney, Callbeck, Robichaud, Fitzpatrick and Christensen (October 22).
The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Rompkey (October 23).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Fitzpatrick, Gill, LaPierre and Biron substituted for those of the Honourable Senators Biron, Chalifoux, Maheu and Phalen (October 21).
Special Committee of the Senate on the Subject-Matter of Bill C-36
The names of the Honourable Senators Jaffer and Rompkey substituted for those of the Honourable Senators Bryden and Stollery (October 21).
The names of the Honourable Senators Christensen, Morin, Stollery, Rompkey and Finestone substituted for those of the Honourable Senators Furey, Christensen, Rompkey, Morin and Rompkey (October 22).
Standing Committee on Rules, Procedures and the Rights of Parliament
The names of the Honourable Senators Atkins and Oliver substituted for those of the Honourable Senators Robertson and Rossiter (October 23).