Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 82
Thursday, December 13, 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, 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, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Spivak, St. Germain, Stollery, 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, 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, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, *Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Spivak, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe, Wilson
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Report of the Privacy Commissioner for the fiscal year ending March 31, 2001, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, s. 40(1) including the Report for the period January 1 to November 30, 2001, pursuant to the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, sbs. 25(1).—Sessional Paper No. 1/37-606.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon presented the following:
THURSDAY, December 13, 2001
The Standing Senate Committee on Transport and Communications has the honour to present its
ELEVENTH REPORT
Your Committee, to which was referred Bill C-44, An Act to amend the Aeronautics Act, has, in obedience to the Order of Reference of Monday, December 10, 2001, examined the said Bill and now reports the same without amendment, but with observations which are appended to this report.
Respectfully submitted,
LISE BACON
Chair
APPENDIX TO THE REPORT
The Committee has considered the bill and the circumstances under which it has been brought forward and believes that it should be passed without amendment. Nevertheless, in light of the important issues of the privacy of personal information, its use and the conditions under which it may be disclosed, the Committee wishes to advise the Senate of the Committee's concerns in this matter and asks that the Minister take action to ensure that, to the degree possible, the privacy of Canadian citizens is protected. Specifically, the Committee asks the Minister to seek assurance that information provided by Canadian citizens to foreign governments will only be used for purposes of protecting national security, public safety or for the purpose of defence.
With leave of the Senate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that the Bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Human Rights tabled its Second Report entitled: Promises to Keep: Implementing Canada's Human Rights Obligations.—Sessional Paper No. 1/37-607S.
The Honourable Senator Andreychuk, 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 Senate Public Bills
The Honourable Senator Comeau presented a Bill S-37, An Act respecting a National Acadian Day.
The Bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Beaudoin, 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 Finnerty moved, seconded by the Honourable Senator Chalifoux:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have power to sit at 3:30 p.m. today to hear witnesses for its study 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, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading Bill C-46, An Act to amend the Criminal Code (alcohol ignition interlock device programs).
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator LeBreton, that the Bill be read the third time.
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.
Resuming debate on the motion of the Honourable Senator Finnerty, seconded by the Honourable Senator Finestone, P.C., for the 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.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the 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,
And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Forrestall, that the Bill be not now read a third time but that it be amended on page 183, by adding after line 28 the following:
"Expiration
147. (1) The provisions of this Act, except those referred to in subsection (2), cease to be in force five years after the day on which this Act receives royal assent or on any earlier day fixed by order of the Governor in Council.
(2) Subsection (1) does not apply to section 320.1 of the Criminal Code, as enacted by section 10, to subsection 430(4.1) of the Criminal Code, as enacted by section 12, to subsection 13(2) of the Canadian Human Rights Act, as enacted by section 88, or to the provisions of this Act that enable Canada to fulfill its commitments under the conventions referred to in the definition "United Nations operation'' in subsection 2(2) and in the definition "terrorist activity'' in subsection 83.01(1) of the Criminal Code, as enacted by section 4.''.
Debate.
DEFERRED DIVISION
At 3:00 p.m., pursuant to the Order adopted on December 12, 2001, the Senate proceeded to the taking of the deferred recorded division on the motion in amendment of the Honourable Senator Moore, to the motion of the Honourable Senator Pearson, seconded by the Honourable Senator Bryden, for the third reading of Bill C-7, An Act in respect of criminal justice for young persons and to amend and repeal other Acts.
The question was put on the motion in amendment of the Honourable Senator Moore, 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 motion in amendment was adopted on the following division:
YEAS
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Beaudoin, Bolduc, Buchanan, Carney, Cochrane, Comeau, Cools, Di Nino, Doody, Eyton, Finestone, Forrestall, Gill, Grafstein, Gustafson, Hervieux-Payette, Johnson, Joyal, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Moore, Murray, Nolin, Prud'homme, Rivest, Roche, St. Germain, Sparrow, Spivak, Stratton, Tkachuk, Watt, Wilson—41
NAYS
The Honourable Senators
Austin, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Graham, Hubley, Jaffer, Kirby, Kroft, LaPierre, Léger, Losier-Cool, Maheu, Milne, Morin, Pearson, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Wiebe—40
ABSTENTIONS
The Honourable Senators
Banks—1
Bills
The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the 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,
And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Forrestall.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Carney, Comeau, Di Nino, Gustafson, Johnson, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Murray, Nolin, Prud'homme, Rivest, Roche, Spivak, Stratton, Tkachuk—23
NAYS
The Honourable Senators
Austin, Bacon, Banks, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Graham, Hervieux-Payette, Hubley, Jaffer, Kirby, Kroft, LaPierre, Léger, Losier-Cool, Mahovlich, Milne, Moore, Morin, Pearson, Pépin, Phalen, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Wiebe—48
ABSTENTIONS
The Honourable Senators
Joyal, Watt—2
The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the 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,
And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Forrestall.
Debate.
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Pursuant to Rule 13(1), the Speaker left the Chair to resume the same at 8:00 p.m.
The sitting resumed.
The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the 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,
And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Forrestall.
After debate,
The Honourable Senator Nolin 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 negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Comeau, Di Nino, Gustafson, Johnson, Kelleher, Keon, Kinsella, Lynch-Staunton, Murray, Nolin, Rivest, Spivak, Stratton, Tkachuk—19
NAYS
The Honourable Senators
Austin, Bacon, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Corbin, Cordy, Day, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Fraser, Furey, Gill, Graham, Hervieux-Payette, Hubley, Jaffer, Kirby, Kroft, LaPierre, Léger, Losier-Cool, Mahovlich, Milne, Moore, Morin, Phalen, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Watt, Wiebe—44
ABSTENTIONS
The Honourable Senators
Joyal, Roche—2
The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the 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,
And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Forrestall.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Atkins, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Buchanan, Comeau, Di Nino, Gustafson, Johnson, Kelleher, Keon, Kinsella, Lynch- Staunton, Murray, Nolin, Prud'homme, Rivest, Spivak, Stratton, Tkachuk—18
NAYS
The Honourable Senators
Bacon, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Fraser, Furey, Gill, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kirby, LaPierre, Léger, Losier-Cool, Mahovlich, Milne, Moore, Morin, Phalen, Poulin, Robichaud, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Watt, Wiebe—42
ABSTENTIONS
The Honourable Senators
Roche—1
The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the 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,
And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Forrestall.
After debate,
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Di Nino, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following division:
YEAS
The Honourable Senators
Lynch-Staunton, Murray, Buchanan, Kelleher, Kinsella, Spivak, Comeau, Prud'homme, Di Nino, Keon, Atkins, Stratton, Johnson, Andreychuk, Rivest, Gustafson, Tkachuk, Nolin—18
NAYS
The Honourable Senators
Carstairs, Bacon, Callbeck, Joyal, Fairbairn, Graham, Robichaud, De Bané, Finestone, Watt, Maheu, Fitzpatrick, Kirby, Rompkey, Milne, Chalifoux, Taylor, Finnerty, Cordy, Morin, Jaffer, LaPierre, Moore, Wiebe, Ferretti Barth, Corbin, Cook, Mahovlich, Poulin, Poy, Sibbeston, Christensen, Léger, Phalen, Day, Fraser, Gill, Furey, Tunney, Hubley—40
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the 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,
And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Forrestall, that the Bill be not now read a third time but that it be amended on page 183, by adding after line 28 the following:
"Expiration
147. (1) The provisions of this Act, except those referred to in subsection (2), cease to be in force five years after the day on which this Act receives royal assent or on any earlier day fixed by order of the Governor in Council.
(2) Subsection (1) does not apply to section 320.1 of the Criminal Code, as enacted by section 10, to subsection 430(4.1) of the Criminal Code, as enacted by section 12, to subsection 13(2) of the Canadian Human Rights Act, as enacted by section 88, or to the provisions of this Act that enable Canada to fulfill its commitments under the conventions referred to in the definition "United Nations operation'' in subsection 2(2) and in the definition "terrorist activity'' in subsection 83.01(1) of the Criminal Code, as enacted by section 4.''.
Debate.
At 12:00 midnight, pursuant to Rule 6(1), the Senate adjourned until tomorrow, Friday, December 14, 2001, at 9:00 a.m.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the Canadian Landmine Fund for the fiscal year ended March 31, 2001.—Sessional Paper No. 1/37-602.
Report of the Administrator of the Ship-source Oil Pollution Fund for the fiscal year ended March 31, 2001, pursuant to the Marine Liability Act, S.C. 2001, c. 6, sbs. 100(2).—Sessional Paper No. 1/37-603.
Report of the National Arts Centre, together with the Auditor General's report, for the fiscal year ended August 31, 2001, pursuant to the National Arts Centre Act, R.S.C. 1985, c. N03, sbs. 17(2).—Sessional Paper No. 1/37-604.
Reports of the Department of Human Resources Development 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. 1/37-605.
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Christensen substituted for that of the Honourable Senator Fraser (December 12).
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Milne, Grafstein and Pépin substituted for those of the Honourable Senators Fairbairn, Kirby and Léger (December 13).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Sparrow substituted for that of the Honourable Senator Biron (December 13).