Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 75
Thursday, November 29, 2001
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Forrestall, Fraser, Furey, Gauthier, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Phalen, Poulin (Charette), Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Sibbeston, Sparrow, Spivak, 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, Biron, Bolduc, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Forrestall, Fraser, Furey, Gauthier, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Phalen, Poulin (Charette), Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, *Setlakwe, Sibbeston, Sparrow, Spivak, Stratton, Taylor, Tkachuk, Tunney, 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:
Draft International Boundary Waters Regulations, dated March 26, 2001.—Sessional Paper No. 1/37-582S.
With leave of the Senate,
The Honourable Senator Kirby tabled the following:
Letter from the Ethics Counsellor, dated November 23, 2001, in reply to the Chairman of the Standing Senate Committee on Social Affairs, Science and Technology.—Sessional Paper No. 1/37-583S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Milne, Chair of the Standing Senate Committee on Legal and Constitutional Affairs tabled its Eleventh Report (proposed Referendum Regulation adapting the Canada Elections Act for the purposes of a referendum). —Sessional Paper No. 1/37-584S.
The Honourable Senator Chalifoux, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its Fifth Report (budget—study on issues affecting urban Aboriginal youth in Canada).
(The Report is printed as Appendix "A'')
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Milne, 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 Kenny, Chair of the Standing Senate Committee on National Security and Defence, presented its Third Report (budget—release of additional funds).
(The Report is printed as Appendix "B'')
The Honourable Senator Kenny moved, seconded by the Honourable Senator Kroft, 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 Nolin, Chair of the Special Committee of the Senate on Illegal Drugs, presented its Third Report (budget—release of additional funds).
(The Report is printed as Appendix "C'' )
The Honourable Senator Nolin moved, seconded by the Honourable Senator LeBreton, 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.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-36, An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities in order to combat terrorism, to which they desire the concurrence of the Senate.
The Bill was read the first time.
With leave of the Senate,
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 later this day.
The question being put on the motion, it was adopted.
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With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Taylor, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Ninth Report (budget—release of additional funds).
(The Report is printed as Appendix "D'' )
The Honourable Senator Taylor moved, seconded by the Honourable Senator Cordy, 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 Kroft presented the following:
THURSDAY, November 29, 2001
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
NINTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2001-2002.
Banking, Trade and Commerce (Legislation)
Professional and Other Services $ 22,200 Transport and Communications $ 0 Other Expenditures $ 0 Total $ 22,200
Energy and Natural Resources (Legislation)
Professional and Other Services $ 15,000 Transport and Communications $ 5,000 Other Expenditures $ 0 Total $ 20,000
National Finance (Legislation)
Professional and Other Services $ 3,000 Transport and Communications $ 0 Other Expenditures $ 0 Total $ 3,000
Social Affairs (Legislation)
Professional and Other Services $ 2,500 Transport and Communications $ 5,500 Other Expenditures $ 500 Total $ 8,500
Respectfully submitted,
RICHARD H. KROFT
Chair
The Honourable Senator Kroft moved, seconded by the Honourable Senator Banks, 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 Robichaud, P.C., seconded by the Honourable Senator Ferretti Barth, for the third reading of Bill C-31, An Act to amend the Export Development Act and to make consequential amendments to other Acts.
After debate,
In amendment, the Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, that the Bill be not now read a third time but that it be amended in Clause 9, on page 3, by replacing line 31 with the following:
"(3) The directive is a statutory instru-''.
The question was put on the motion in amendment.
With leave of the Senate, a recorded division was deferred until 3:30 p.m. on Tuesday next, December 4, 2001.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Rompkey, P.C., for the adoption of the Tenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-7, An Act in respect of criminal justice for young persons and to amend and repeal other Acts, with amendments) presented in the Senate on November 8, 2001.
After debate,
The Honourable Senator Moore moved, seconded by the Honourable Senator Wiebe, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Bills
Second reading of Bill C-36, An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities in order to combat terrorism.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Graham, P.C., that the Bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., that the Bill be referred to the Special Committee of the Senate on Bill C-36.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Resuming 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.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Adams, 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.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Other
Orders No. 16, 11, 29 (inquiries), 75 (motion), 33 (inquiry), 3 (motion) and 32 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Losier-Cool, seconded by the Honourable Senator Léger:
That the Senate of Canada recommends that the Government of Canada recognize the date of August 15th as Fête nationale des Acadiens et Acadiennes, given the Acadian people's economic, cultural and social contribution to Canada.
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Bryden.
Orders No. 73 (motion), 26 (inquiry), 74, 44 (motions), 8, 31 (inquiries) were called and postponed until the next sitting.
Order No. 54 (motion) was called and postponed until the next sitting, in the name of the Honourable Senator Poy.
Orders No. 82 (motion) and 13 (inquiry) 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 LaPierre moved, seconded by the Honourable Senator Jaffer, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 41, 80 (motions), 18 (inquiry) and 65 (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,
The Honourable Senator Cools moved, seconded by the Honourable Senator LaPierre, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
QUESTION OF PRIVILEGE
Pursuant to Rule 18(3), the Senate resumed consideration of the question of privilege of the Honourable Senator Cools in respect of statements made by a Senator during Senators' Statements on Thursday, November 22, 2001, which statements were widely reported in the national newspapers on November 23, 2001, including the Ottawa Citizen, The Edmonton Journal, and The Vancouver Sun, which statements purport to link Senators and a Senate debate sponsored by herself on Bill S-9, An Act to remove certain doubts regarding the meaning of marriage, to the terrible murder of a homosexual man, Mr. Aaron Webster, in Vancouver's Stanley Park, which connection is not only tasteless but is also disrespectful of Senators and the Senate.
After debate,
The question of privilege was withdrawn.
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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 next, December 4, 2001, at 2:00 p.m.
The question being put on the motion, it was adopted.
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 4:43 p.m. the Senate was continued until Tuesday, December 4, 2001, at 2:00 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Foreign Affairs
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Andreychuk (November 20).
The names of the Honourable Senators Andreychuk and Murray substituted for those of the Honourable Senators Stratton and Di Nino (November 27).
The names of the Honourable Senators Di Nino, Banks, Tunney, Finestone, Day and Austin substituted for those of the Honourable Senators Murray, De Bané, Losier-Cool, Phalen, Mahovlich and Cools (November 28).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Setlakwe (November 28).
Standing Senate Committee on National Security and Defence
The names of the Honourable Senators Moore, Sibbeston and Day substituted for those of the Honourable Senators Day, Moore and Sibbeston (November 28).
Standing Committee on Rules, Procedures and the Rights of Parliament
The names of the Honourable Senators Beaudoin, Fraser, Day and Corbin substituted for those of the Honourable Senators Murray, Bryden, Grafstein and Losier-Cool (November 28).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Sibbeston substituted for that of the Honourable Senator Fairbairn (November 28).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Biron substituted for that of the Honourable Senator Grafstein (November 28).
The name of the Honourable Senator Di Nino substituted for that of the Honourable Senator Buchanan (November 29).