Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 76
Tuesday, December 4, 2001
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Comeau, Cook, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kolber, Kroft, LaPierre, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Rompkey, Setlakwe, Sparrow, Spivak, Stollery, Stratton, Taylor, Tkachuk, Tunney, Wiebe, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, 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, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, *Kirby, Kolber, Kroft, LaPierre, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, *Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Rompkey, Setlakwe, Sparrow, Spivak, Stollery, Stratton, Taylor, Tkachuk, Tunney, Wiebe, Wilson
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Milne presented the following:
TUESDAY December 4, 2001
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWELFTH REPORT
Your Committee, to which was referred Bill C-24, An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts, has, in obedience to the Order of Reference of Wednesday, September 26, 2001, examined the said Bill and now reports the same without amendment, but with observations which are appended to this report.
Respectfully submitted,
LORNA MILNE
Chair
(The Appendix to the Report is printed as Appendix "A'')
The Honourable Senator Moore moved, seconded by the Honourable Senator Ferretti Barth, 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 Stollery, Chair of the Standing Senate Committee on Foreign Affairs, presented its Eighth Report (budget—release of additional funds (study relating to foreign relations generally)).
(The Report is printed as Appendix "B'')
The Honourable Senator Stollery moved, seconded by the Honourable Senator Poy, 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 Stollery, Chair of the Standing Senate Committee on Foreign Affairs, presented its Ninth Report (budget—release of additional funds (study on the European Union)).
(The Report is printed as Appendix "C'')
The Honourable Senator Stollery moved, seconded by the Honourable Senator Morin, 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 Finnerty for the Honourable Senator Murray, P.C., Chair of the Standing Senate Committee on National Finance, tabled its Tenth Report (Supplementary Estimates "A'' 2001-02).—Sessional Paper No. 1/37-588S.
The Honourable Senator Finnerty moved, seconded by the Honourable Senator Day, 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 Gustafson, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Seventh Report (budget—release of additional funds).
(The Report is printed as Appendix "D'')
The Honourable Senator Gustafson 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.
The Honourable Senator Gustafson, Chair of the Standing Senate Committee on Agriculture and Forestry, tabled its Eighth Report (Interim) entitled: Looking South: U.S. Agriculture and Agri-Food Policy in the New Century.—Sessional Paper No. 1/37-589S.
The Honourable Senator Comeau, Chair of the Standing Senate Committee on Fisheries, presented its Fourth Report (budget—release of additional funds).
(The Report is printed as Appendix "E'')
The Honourable Senator Comeau moved, seconded by the Honourable Senator Bolduc, 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-37, An Act to facilitate the implementation of those provisions of first nations' claim settlements in the Provinces of Alberta and Saskatchewan that relate to the creation of reserves or the addition of land to existing reserves, and to make related amendments to the Manitoba Claim Settlements Implementation Act and the Saskatchewan Treaty Land Entitlement Act, 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 Chalifoux, 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-39, An Act to replace the Yukon Act in order to modernize it and to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, and to repeal and make amendments to other Acts, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Christensen moved, seconded by the Honourable Senator Léger, 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Chalifoux presented a Bill S-35, An Act to honour Louis Riel and the Metis People.
The Bill was read the first time.
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Pearson, 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.
The Honourable Senator Kinsella presented a Bill S-36, An Act respecting Canadian citizenship.
The Bill was read the first time.
The Honourable Senator Kinsella moved, seconded by the Honourable Senator LeBreton, 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.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return Bill S-31, An Act to implement agreements, conventions and protocols concluded between Canada and Slovenia, Ecuador, Venezuela, Peru, Senegal, the Czech Republic, the Slovak Republic and Germany for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income,
And to acquaint the Senate that the Commons have passed this Bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
With leave of the Senate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C.:
That, notwithstanding any Rule of the Senate, the Order adopted on November 29, 2001, with respect to the deferred recorded division on the motion in amendment of the Honourable Senator Oliver to Bill C-31, be amended so that the division take place at 6:00 p.m. today, and that the bells sound at 5:30 for 30 minutes.
The question being put on the motion, it was adopted.
Bills
Order No. 1 was called and postponed until later this day.
Second reading of Bill C-10, An Act respecting the national marine conservation areas of Canada.
The Honourable Senator Banks moved, seconded by the Honourable Senator Ferretti Barth, that the Bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Bolduc, 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
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 Stratton for the Honourable Senator Andreychuk 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees
Consideration of the Fifth Report of the Standing Senate Committee on Aboriginal Peoples (budget—study on issues affecting urban Aboriginal youth in Canada) presented in the Senate on November 29, 2001.
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Christensen, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Third Report of the Standing Senate Committee on National Security and Defence (budget—release of additional funds) presented in the Senate on November 29, 2001.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Moore, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Third Report of the Special Committee of the Senate on Illegal Drugs (budget—release of additional funds) presented in the Senate on November 29, 2001.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Gustafson, that the Report be adopted.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Consideration of the Ninth Report of the Standing Committee on Internal Economy, Budgets and Administration (budget of certain Committees—legislation) presented in the Senate on November 29, 2001.
The Honourable Senator Kroft moved, seconded by the Honourable Senator Moore, that the Report be adopted.
The question being put on the motion, it was adopted.
Orders No. 6 to 8 were called and postponed until the next sitting.
Other
Orders No. 81(motion), 28, 7, 16, 11, 29 (inquiries), 75 (motion), 33 (inquiry) and 3 (motion) were called and postponed until the next sitting.
Ordered, That Order No. 4 under Reports of Committees be again called.
Consideration of the Ninth Report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—release of additional funds) presented in the Senate on November 29, 2001.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Stratton, that the Report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 32 (inquiry), 73 (motion), 26 (inquiry), 74, 44 (motions), 8, 31 (inquiries), 54, 82 (motions), 13 (inquiry), 41, 80 (motions) and 18 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Gauthier, seconded by the Honourable Senator Gill:
That the Standing Senate Committee on Transport and Communications be authorized to examine and report upon 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.
After debate,
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Lapointe moved, seconded by the Honourable Senator Gill:
That the Standing Committee on Rules, Procedures and the Rights of Parliament be authorized to examine the time allocated to tributes in the Upper Chamber and report no later than March 31, 2002.
The question being put on the motion, it was adopted.
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Keon:
That the Standing Senate Committee on Agriculture and Forestry have power to sit at 3:30 p.m. on Wednesday, December 5, 2001, to hear from the Minister for International Trade, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
__________________________________________________________
The sitting was adjourned during pleasure to resume at the call of the bell at approximately 5:25 p.m.
The sitting resumed.
DEFERRED DIVISION
At 6:00 p.m., pursuant to the Order adopted earlier this day, the Senate proceeded to the taking of the deferred recorded division on the motion in amendment of the Honourable Senator Oliver to 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.
The question was put on the motion in amendment of the Honourable Senator Oliver, 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 motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Carney, Comeau, Di Nino, Forrestall, Gustafson, Johnson, Kelleher, Keon, LeBreton, Lynch-Staunton, Murray, Nolin, Prud'homme, Robertson, Spivak, Stratton, Tkachuk, Wilson—23
NAYS
The Honourable Senators
Austin, Banks, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Kolber, Kroft, LaPierre, Lapointe, Lawson, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Moore, Morin, Pearson, Phalen, Poulin, Robichaud, Rompkey, Setlakwe, Sparrow, Stollery, Tunney, Wiebe—49
ABSTENTIONS
The Honourable Senators
Nil
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Gustafson, that further debate on the motion for the third reading of Bill C-31 be adjourned until the next sitting.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Document entitled "Canadian Position with Respect to Conventions and Recommendations adopted at the 87th and 88th Sessions of the International Labour Conference held in Geneva in June 1999 and June 2000''.—Sessional Paper No. 1/37-585.
Summary of the Corporate Plan for 2001-02 to 2005-06 of Atomic Energy of Canada Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-586.
Debt Management Report for the fiscal year ended March 31, 2001, pursuant to the Financial Administration Act, S.C. 1999, c. 26, s. 23.—Sessional Paper No. 1/37-587.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator De Bané, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:07 p.m. the Senate was continued until 1:30 p.m. tomorrow)
__________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Fairbairn substituted for that of the Honourable Senator Sibbeston (November 28).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Meighen substituted for that of the Honourable Senator Gustafson (November 28).
The names of the Honourable Senators Ferretti Barth, Wiebe, Fitzpatrick, Setlakwe, Ferretti Barth and Wiebe substituted for those of the Honourable Senators Fitzpatrick, Ferretti Barth, Wiebe, Mahovlich, Fitzpatrick and Ferretti Barth (November 29).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Poy substituted for that of the Honourable Senator Joyal (November 28).
Standing Senate Committee on Agriculture and Forestry
The names of the Honourable Senators Fairbairn, Sparrow and Day substituted for those of the Honourable Senators Day, Phalen and Fairbairn (November 29).
Standing Committee on Rules, Procedures and the Rights of Parliament
The names of the Honourable Senators Bryden, Grafstein and Losier-Cool substituted for those of the Honourable Senators Fraser, Day and Corbin (November 29).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Biron (November 29).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator De Bané removed from the membership (November 29).
Standing Senate Committee on Foreign Affairs
The names of the Honourable Senators De Bané, Losier-Cool, Grafstein and Setlakwe substituted for those of the Honourable Senators Banks, Tunney, Finestone and Day (November 29).
Special Committee of the Senate on Bill C-36
The names of the Honourable Senators Bryden, Furey, Poulin and Phalen substituted for those of the Honourable Senators Bacon, Finestone, Kenny and Stollery (November 29).
The name of the Honourable Senator Finestone substituted for that of the Honourable Senator Phalen (December 3).
The name of the Honourable Senator Phalen substituted for that of the Honourable Senator Finestone (December 4).
Standing Joint Committee on Official Languages
The names of the Honourable Senators Hubley, Comeau and Fraser substituted for those of the Honourable Senators Fraser, Beaudoin and Setlakwe (December 3).