Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 80
Tuesday, December 11, 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, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, 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, Rivest, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Spivak, Stollery, Stratton, Taylor, Tunney, Watt, 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, Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, 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, Rivest, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Spivak, Stollery, Stratton, Taylor, Tunney, Watt, Wiebe, Wilson
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
(1) The Budget Speech
(2) The Budget in Brief
(3) "Enhancing Security for Canadians''
(4) "Strategic Investments: Bridging to the Future''
(5) "Canada's fiscal Progress Through 2000-2001''
(6) The Budget Plan 2001
(7) Notice of a Ways Means motion to amend the Income Tax Act
(8) Notice of a Ways and Means motion to introduce an act to Implement an Air Travellers Security Charge.—Sessional Paper No. 1/37-599.
Presentation of Reports from Standing or Special Committees
The Honourable Senator LeBreton, Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Tenth Report (budget—release of additional funds (study on the state of the health care system in Canada)).
(The Report is printed as Appendix "A'')
The Honourable Senator LeBreton moved, seconded by the Honourable Senator Nolin, 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 LeBreton, Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Eleventh Report (budget—release of additional funds (study on Canadian identity)).
(The Report is printed as Appendix "B'')
The Honourable Senator LeBreton moved, seconded by the Honourable Senator Forrestall, 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-23, An Act to amend the Competition Act and the Competition Tribunal 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.
Notices of Motions
With leave of the Senate,
The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu:
That the Standing Senate Committee on Transport and Communications have power to sit at 3:15 p.m. tomorrow, Wednesday, December 12, 2001, for its study of Bill C-44, An Act to amend the Aeronautics Act, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
A Point of Order was raised concerning activities of the Standing Senate Committee on Transport and Communications respecting its study of Bill C-44, An Act to amend the Aeronautics Act.
After debate,
The Speaker reserved his decision.
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Rompkey, P.C., for the third reading of Bill C-38, An Act to amend the Air Canada Public Participation Act.
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.
Third 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 Fairbairn, P.C., that the Bill be read the third time.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kelleher, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Third reading of Bill C-7, An Act in respect of criminal justice for young persons and to amend and repeal other Acts.
The Honourable Senator Pearson moved, seconded by the Honourable Senator Bryden, that the Bill be read the third time.
After debate,
In amendment, the Honourable Senator Moore moved, seconded by the Honourable Senator Watt, that the Bill be not now read a third time but that it be amended,
(a) in clause 38, on page 38,
(i) by replacing lines 27 and 28 with the following:
"for that offence;
(d) all available sanctions other than custody that are reasonable in the circumstances should be considered for all young persons, with particular attention to the circumstances of aboriginal young persons; and
(e) subject to paragraph (c), the sentence'', and
(ii) by renumbering all references to paragraph 38(2)(d) as references to paragraph 38(2)(e); and
(b) in clause 50, on page 57, by replacing line 23 with the following:
"except for paragraph 718.2(e) (sentencing principle for aboriginal offenders), sections 722 (victim impact state-''.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Meighen, that debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 4 to 7 were called and postponed until the next sitting.
__________________________________________________________
Ordered, That Order No. 5 under OTHER BUSINESS, Reports of Committees be brought forward.
Consideration of the Tenth Report of the Standing Senate Committee on National Finance (Supplementary Estimates "A'' 2001-02) tabled in the Senate on December 4, 2001.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Johnson, 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.
Bills
Second reading of Bill C-45, 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.
The Honourable Senator Finnerty moved, seconded by the Honourable Senator Finestone, P.C., that the Bill be read the second time.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 9 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
Consideration of the Tenth Report of the Standing Committee on Internal Economy, Budgets and Administration (Senate Estimates 2002-03) presented in the Senate on December 10, 2001.
The Honourable Senator Kroft moved, seconded by the Honourable Senator Kolber, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Joyal, P.C., for the adoption 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.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator LaPierre, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
Orders No. 3, 4, and 6 to 9 were called and postponed until the next sitting.
Resuming debate on 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 Kinsella for the Honourable Senator Robertson moved, seconded by the Honourable Senator Stratton, 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.
Order No. 11 was called and postponed until the next sitting.
Other
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,
The Honourable Senator Léger for the Honourable Senator Day moved, seconded by the Honourable Senator Morin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
__________________________________________________________
With leave of the Senate,
The Honourable Senator Stollery moved, seconded by the Honourable Senator Finestone, P.C.:
That the Standing Senate Committee on Foreign Affairs have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.
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-10, An Act to amend the Parliament of Canada Act (Parliamentary Poet Laureate),
And to acquaint the Senate that the Commons have passed this Bill with one amendment to which they desire the concurrence of the Senate.
The amendment was then read by one of the Clerks at the Table, as follows:—
TUESDAY, December 11, 2001
AMENDMENT made by the House of Commons to Bill S-10, passed by the Senate, intituled: "An Act to amend the Parliament of Canada Act (Parliamentary Poet Laureate)''
1. Page 1, Clause 1
(a) replace, in the English version, lines 7 to 9 on page 1 with the following:
"75.1 (1) There is hereby established the position of Parliamentary Poet Laureate, the holder of which is an officer of the Library of Parliament''
(b) replace lines 20 to 30 on page 1, and line 1 on page 2, with the following:
"(3) The Parliamentary Poet Laureate holds office for a term not exceeding two years, at the pleasure of the Speaker of the Senate and the Speaker of the House of Commons acting together.
(4) The Parliamentary Poet Laureate may''.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Joyal, P.C., that the amendment be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 36, 28, 7, 16, 11, 29, 33 (inquiries), 3 (motion), 32 (inquiry), 73 (motion), 26 (inquiry), 74, 44 (motions) and 8 (inquiry), were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator De Bané, P.C., calling the attention of the Senate to his recommendation for ending the atrocious cycle of violence raging now in the Middle East.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Comeau, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 82 (motion), 13 (inquiry), 41 and 80 (motions) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Grafstein called the attention of the Senate to "The Miracle on 52nd Street'', the Canada Loves New York Rally in New York City on December 1, 2001.
After debate,
The Honourable Senator Grafstein for the Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Ferretti Barth, 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 Kirby moved, seconded by the Honourable Senator Pépin:
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 state of the health care system in Canada, be empowered to present its final report no later than June 30, 2003.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Actuarial Report of the Superintendent of Financial Institutions on the Canada Pension Plan dated December 31, 2000, pursuant to the Act to amend the Canada Pension Plan and the Federal Court Act, R.S.C. 1985, c. 30 (2nd Supp.), s. 58. —Sessional Paper No. 1/37-597.
Report on Crown Corporations and Other Corporate Interests of Canada for the year 2001, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 151(1).—Sessional Paper No. 1/37-598.
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 6:40 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 Aboriginal Peoples
The names of the Honourable Senators Watt and Gill substituted for those of the Honourable Senators Gill and Watt (December 11).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator LeBreton substituted for that of the Honourable Senator Johnson (December 11).
Special Committee of the Senate on Illegal Drugs
The name of the Honourable Senator Kenny substituted for that of the Honourable Senator Stollery (December 11).
Standing Joint Committee on Official Languages
The name of the Honourable Senator Beaudoin substituted for that of the Honourable Senator Comeau (December 11).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Murray substituted for that of the Honourable Senator Beaudoin (December 11).
Standing Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Stratton (December 11).
Special Committee of the Senate on Bill C-36
The name of the Honourable Senator Tkachuk substituted for that of the Honourable Senator Lynch-Staunton (December 11).