Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 78
Thursday, December 6, 2001
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Biron, Bolduc, Callbeck, Carstairs, Chalifoux, Christensen, Comeau, Cook, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Keon, Kinsella, Kolber, Kroft, LaPierre, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Setlakwe, Sparrow, St. Germain, Stollery, Stratton, Tkachuk, Tunney, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Biron, Bolduc, *Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, *Cochrane, Comeau, Cook, *Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, *Eyton, Fairbairn, Ferretti Barth, *Finestone, Finnerty, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, *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, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Setlakwe, *Sibbeston, Sparrow, St. Germain, Stollery, Stratton, *Taylor, Tkachuk, Tunney, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
Report of the President of the Treasury Board entitled: Canada's Performance 2001.—Sessional Paper No. 1/37-594.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon, Chair of the Standing Senate Committee on Transport and Communications, presented its Ninth Report (Bill C-38, An Act to amend the Air Canada Public Participation Act) without amendment.
The Honourable Senator Robichaud, 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 Bacon, Chair of the Standing Senate Committee on Transport and Communications, presented its Tenth Report (budget—study on the intercity busing industry).
(The Report is printed as an Appendix)
The Honourable Senator Bacon moved, seconded by the Honourable Senator Callbeck, 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, December 6, 2001
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
THIRTEENTH REPORT
Your Committee, to which was referred Bill C-40, An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain provisions that have expired, lapsed or otherwise cease to have effect, has, in obedience to the Order of Reference of Tuesday, November 20, 2001, examined the said Bill and now reports the same without amendment.
Your Committee notes that it instructed the Law Clerk and Parliamentary Counsel to correct a printing error in the parchment. On page 12, in clause 45, line 29 in the English version of the Bill, the words ``after section 15:'' should be in lower case. In the French version, same page and clause, line 30, the words ``suivant l'article 15, de ce qui suit:'' should be in lower case.
Respectfully submitted,
LORNA MILNE
Chair
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Milne, 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.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-41, An Act to amend the Canadian Commercial Corporation Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Finnerty, 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-33, An Act to amend the Carriage by Air Act,
And to acquaint the Senate that the Commons have passed this Bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
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 question was put on the motion.
With leave of the Senate, a recorded division was deferred until Monday next, December 10, 2001, at 9:00 p.m.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-44, An Act to amend the Aeronautics 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 Graham, P.C., 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 to return Bill C-24, An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts,
And to acquaint the Senate that the Commons have agreed to the amendment made by the Senate to this Bill, without amendment.
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,
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.
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Ordered, That Order No. 10 under OTHER BUSINESS, Reports of Committees, be brought forward.
Consideration of the Eighth Report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendments to the Rules—Senators indicted and subject to judicial proceedings) presented in the Senate on December 5, 2001.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that the Report be adopted.
After debate,
The Honourable Senator Nolin moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Bills
Order No. 2 was called and postponed until the next sitting.
Second reading of 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.
The Honourable Senator Christensen moved, seconded by the Honourable Senator Chalifoux, that the Bill be read the second time.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Cochrane moved, seconded by the Honourable Senator Atkins, 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
Orders No. 1 to 6 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 9 were called and postponed until the next sitting.
Other
Orders No. 81 (motion), 28, 7, 16, 11 and 29 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Gauthier, seconded by the Honourable Senator Fraser:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the document entitled Santé en français — Pour un meilleur accès à des services de santé en français.
After debate,
The question being put on the motion, it was adopted.
Orders No. 33 (inquiry), 3 (motion) 32 (inquiry), 73 (motion), 26 (inquiry), 74, 44 (motions), 8 and 31 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Poy, seconded by the Honourable Senator Carney, P.C.:
That May be recognized as Asian Heritage Month, given the important contributions of Asian Canadians to the settlement, growth and development of Canada, the diversity of the Asian community, and its present significance to this country.
After debate,
The question being put on the motion, it was adopted.
Orders No. 82 (motions), 13 (inquiry), 41 and 80 (motions) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Cohen calling the attention of the Senate to the quality of life of the military family and how that quality of life is affected by government actions and by Canadian Forces policy.
Debate concluded.
MOTIONS
The Honourable Senator Tunney for the Honourable Senator Gustafson moved, seconded by the Honourable Senator Fraser:
That the Standing Senate Committee on Agriculture and Forestry have power to sit at 4:30 p.m. on Tuesday, December 11, 2001, 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.
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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 Milne:
That when the Senate adjourns today, it do stand adjourned until Monday next, December 10, 2001, at 8:00 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 Léger:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:00 p.m. the Senate was continued until Monday next, December 10, 2001, at 8:00 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Sparrow substituted for that of the Honourable Senator Phalen (December 5).
The name of the Honourable Senator Cordy substituted for that of the Honourable Senator Sparrow (December 6).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Banks (December 5).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Tunney, Maheu and Setlakwe substituted for those of the Honourable Senators Adams, Finestone and Biron (December 5).
The names of the Honourable Senators Adams, Finestone and Biron substituted for those of the Honourable Senators Tunney, Maheu and Setlakwe (December 6).
Standing Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Kinsella (December 6).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Furey (December 6).