Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 85
Tuesday, December 18, 2001
9:00 a.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, LaPierre, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Spivak, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Andreychuk, *Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, 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, Tkachuk, Tunney, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third 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 Taylor, that the Bill be read the third time.
After debate,
In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator Forrestall, that the Bill be not now read a third time but that it be referred to a Committee of the Whole.
The question being put on the motion in amendment, it was negatived on division.
The Senate resumed debate on the motion of the Honourable Senator Finnerty, seconded by the Honourable Senator Taylor, for the third 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 question was put on the motion.
With leave of the Senate and notwithstanding the Order adopted December 17, 2001, a recorded division was deferred to follow the deferred division on the motion in amendment to Bill C-7.
DEFERRED DIVISIONS
At 10:00 a.m., pursuant to the Order adopted December 17, 2001, the Senate proceeded to the taking of the deferred recorded division on the motion in amendment of the Honourable Senator Andreychuk 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, as amended.
The question was put on the motion in amendment of the Honourable Senator Andreychuk, seconded by the Honourable Senator Nolin, that the Bill, as amended, be not now read a third time but that it be further amended in clause 2,
(a) on page 2, by adding, immediately before line 3, the following:
"2. (1) An object of this Act is for the law of Canada to be in compliance with the United Nations Convention on the Rights of the Child, and the Act shall be given such fair, large and liberal construction and interpretation as best assures the attainment of this object.''; and
(b) by renumbering subclauses 2 (1) to (3) as (2) to (4) and any cross-references thereto accordingly.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Comeau, Di Nino, Doody, Forrestall, Johnson, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Prud'homme, Rivest, Roche, Spivak, Stratton, Tkachuk—23
NAYS
The Honourable Senators
Austin, Banks, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Finestone, Finnerty, Fraser, Furey, Gauthier, Graham, Hubley, Jaffer, Kenny, Kirby, LaPierre, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Morin, Phalen, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Sparrow, Stollery, Taylor, Tunney, Watt, Wiebe—44
ABSTENTIONS
The Honourable Senators
Hervieux-Payette—1
Pursuant to the Order adopted earlier this day, the Senate proceeded to the taking of the deferred recorded division on the motion of the Honourable Senator Finnerty, seconded by the Honourable Senator Taylor, for the third 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 question being put on the motion, it was adopted on the following division:
YEAS
The Honourable Senators
Austin, Bacon, Banks, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Finestone, Finnerty, Fraser, Furey, Gauthier, Grafstein, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Kirby, LaPierre, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Moore, Morin, Phalen, Poulin, Poy, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, Stollery, Taylor, Tunney, Watt, Wiebe—50
NAYS
The Honourable Senators
Comeau, Di Nino, LeBreton, Nolin, Oliver, Tkachuk—6
ABSTENTIONS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Doody, Forrestall, Johnson, Keon, Kinsella, Lynch-Staunton, Meighen, Murray, Prud'homme, Rivest, Spivak, Stratton—16
Accordingly, the Bill was 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.
Bills
Resuming debate on 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, as amended.
After debate,
In amendment, the Honourable Senator Beaudoin moved, seconded by the Honourable Senator Bolduc, that the Bill, as amended, be not now read a third time but that it be further amended, in clause 76,
(a) on page 79, by replacing lines 16 to 19 with the following:
"(b) a youth custody section of a provincial correctional facility for adults, in which young persons are kept separate and apart from any adult who is detained or held in custody; or
(c) if the sentence is for two years or more, a youth custody section of a penitentiary, in which young persons are kept separate and apart from any adult who is detained or held in custody.'';
(b) on page 80, by replacing lines 18 to 21 with the following:
"(b) a youth custody section of a provincial correctional facility for adults, in which young persons are kept separate and apart from any adult who is detained or held in custody; or
(c) if the sentence is for two years or more, a youth custody section of a penitentiary, in which young persons are kept separate and apart from any adult who is detained or held in custody.''.
After debate,
The question being put on the motion in amendment, it was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Comeau, Di Nino, Doody, Forrestall, Johnson, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Prud'homme, Rivest, Roche, Spivak, Stratton—24
NAYS
The Honourable Senators
Austin, Banks, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Finnerty, Fraser, Furey, Gauthier, Graham, Hubley, Jaffer, Kenny, Kirby, LaPierre, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Morin, Phalen, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Sparrow, Stollery, Taylor, Tunney, Watt, Wiebe—43
ABSTENTIONS
The Honourable Senators
Finestone, Hervieux-Payette—2
Bills
The Senate resumed debate on 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, as amended.
After debate,
In amendment, the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Nolin, that the Bill, as amended, be not now read a third time but that it be further amended,
(a) on page 150, by adding, immediately after line 40, the following:
"Review of Act
158. (1) Three years after the coming into effect of the Act and at the end of every five-year period thereafter, the Minister of Justice shall undertake a comprehensive review of the operation of this Act and cause to be laid before both Houses of Parliament a report thereon including any recommendations pertaining to the amendments to this Act that the Minister considers necessary or desirable.
(2) For the purpose of the report referred to in subsection (1), the Minister shall consult the Attorney General of every province and persons, groups or class of persons or a body appointed or designated by or under this Act or an Act of the legislature of a province and representatives of aboriginal people of Canada.
159. (1) As soon as the Minister of Justice's report has been laid before both Houses, a comprehensive review of the report and of the provisions and operation of this Act shall be undertaken by such committees of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established by the Parliament to determine if the objectives of the Act are met in various provinces across Canada.
(2) The committee referred in subsection (1) shall, within six months after the completion of the review undertaken pursuant to that subsection or within such further time as Parliament may authorize, submit a report on the review to Parliament including a statement, if any, as to any changes the committee recommends.''; and
(b) by renumbering clauses 158 to 200 as clauses 160 to 202, and any cross-references thereto accordingly.
After debate,
The question being put on the motion in amendment,
Pursuant to the Order adopted December 17, 2001, a recorded division was deferred until 12:30 p.m. today.
The Senate resumed debate on 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, as amended.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Nolin moved, seconded by the Honourable Senator Andreychuk, that the Bill, as amended, be not now read a third time but that it be further amended
(a) in clause 61, on page 68, by deleting lines 23 to 28; and
(b) by renumbering clauses 62 to 200 as clauses 61 to 199 and any cross-references thereto accordingly.
After debate,
The question being put on the motion in amendment,
Pursuant to the Order adopted December 17, 2001, a recorded division was deferred until 12:30 p.m. today.
Resuming debate on the motion of the Honourable Senator Corbin, seconded by the Honourable Senator Ferretti Barth, for the third reading of Bill C-6, An Act to amend the International Boundary Waters Treaty Act,
And on the motion in amendment of the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Oliver, that the Bill be not now read a third time but that it be amended, in clause 1, on page 5, by adding after line 12 the following:
"(3) The Governor in Council may only make a regulation under subsection (1) where the Minister has caused the proposed regulation to be laid on the same day before each House of Parliament and
(a) both Houses of Parliament have adopted resolutions authorizing the making of the regulation, or
(b) neither House, within thirty sitting days after the proposed regulation has been laid, has adopted a resolution objecting to the making of the regulation.
(4) For the purposes of paragraph (3)(b), "sitting day'' means a day on which either House of Parliament sits.
After debate,
The question being put on the motion in amendment,
Pursuant to the Order adopted December 17, 2001, a recorded division was deferred until 12:30 p.m. today.
DEFERRED DIVISIONS
At 12:30 p.m., pursuant to the Order adopted December 17, 2001, the Senate proceeded to the taking of the deferred recorded divisions on the motions in amendment 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, as amended.
The question was put on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Andreychuk, that the Bill, as amended, be not now read a third time but that it be further amended
(a) in clause 61, on page 68, by deleting lines 23 to 28; and
(b) by renumbering clauses 62 to 200 as clauses 61 to 199 and any cross-references thereto accordingly.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Comeau, Di Nino, Doody, Finestone, Forrestall, Grafstein, Johnson, Joyal, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Moore, Murray, Nolin, Oliver, Pitfield, Prud'homme, Rivest, Roche, Spivak, Stratton, Tkachuk, Watt—31
NAYS
The Honourable Senators
Austin, Banks, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Graham, Hubley, Jaffer, Kenny, Kirby, LaPierre, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Morin, Phalen, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Wiebe—43
ABSTENTIONS
The Honourable Senators
Nil
The question was put on the motion in amendment of the Honourable Senator Andreychuk, seconded by the Honourable Senator Nolin, that the Bill, as amended, be not now read a third time but that it be further amended,
(a) on page 150, by adding, immediately after line 40, the following:
"Review of Act
158. (1) Three years after the coming into effect of the Act and at the end of every five-year period thereafter, the Minister of Justice shall undertake a comprehensive review of the operation of this Act and cause to be laid before both Houses of Parliament a report thereon including any recommendations pertaining to the amendments to this Act that the Minister considers necessary or desirable.
(2) For the purpose of the report referred to in subsection (1), the Minister shall consult the Attorney General of every province and persons, groups or class of persons or a body appointed or designated by or under this Act or an Act of the legislature of a province and representatives of aboriginal people of Canada.
159. (1) As soon as the Minister of Justice's report has been laid before both Houses, a comprehensive review of the report and of the provisions and operation of this Act shall be undertaken by such committees of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established by the Parliament to determine if the objectives of the Act are met in various provinces across Canada.
(2) The committee referred in subsection (1) shall, within six months after the completion of the review undertaken pursuant to that subsection or within such further time as Parliament may authorize, submit a report on the review to Parliament including a statement, if any, as to any changes the committee recommends.''; and
(b) by renumbering clauses 158 to 200 as clauses 160 to 202, and any cross-references thereto accordingly.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Comeau, Di Nino, Doody, Finestone, Forrestall, Grafstein, Johnson, Joyal, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Moore, Murray, Nolin, Oliver, Pitfield, Prud'homme, Rivest, Roche, Spivak, Stratton, Tkachuk, Watt—31
NAYS
The Honourable Senators
Austin, Banks, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Graham, Hubley, Jaffer, Kenny, Kirby, LaPierre, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Morin, Phalen, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Wiebe—43
ABSTENTIONS
The Honourable Senators
Nil
The question was then put on 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, as amended.
The motion was adopted on the following division:
YEAS
The Honourable Senators
Austin, Banks, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fraser, Furey, Gauthier, Graham, Hubley, Jaffer, Kenny, Kirby, LaPierre, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Moore, Morin, Phalen, Poulin, Poy, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Watt, Wiebe—47
NAYS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Comeau, Di Nino, Doody, Forrestall, Johnson, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Prud'homme, Rivest, Spivak, Stratton, Tkachuk—24
ABSTENTIONS
The Honourable Senators
Grafstein, Joyal, Pitfield—3
Accordingly, the Bill, as amended, was 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, with an amendment, to which they desire their concurrence.
Pursuant to the Order adopted December 17, 2001, the Senate proceeded to the taking of the deferred recorded division on the motion in amendment of the Honourable Senator Murray, P.C., to the motion of the Honourable Senator Corbin, seconded by the Honourable Senator Ferretti Barth, for the third reading of Bill C-6, An Act to amend the International Boundary Waters Treaty Act.
The question was put on the motion in amendment of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Oliver, that the Bill be not now read a third time but that it be amended, in clause 1, on page 5, by adding after line 12 the following:
"(3) The Governor in Council may only make a regulation under subsection (1) where the Minister has caused the proposed regulation to be laid on the same day before each House of Parliament and
(a) both Houses of Parliament have adopted resolutions authorizing the making of the regulation, or
(b) neither House, within thirty sitting days after the proposed regulation has been laid, has adopted a resolution objecting to the making of the regulation.
(4) For the purposes of paragraph (3)(b), "sitting day'' means a day on which either House of Parliament sits.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Comeau, Di Nino, Doody, Forrestall, Johnson, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Prud'homme, Rivest, Roche, Spivak, Stratton, Tkachuk—25
NAYS
The Honourable Senators
Austin, Bacon, Banks, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fraser, Furey, Gauthier, Grafstein, Graham, Hubley, Jaffer, Joyal, Kenny, Kirby, LaPierre, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Moore, Morin, Phalen, Pitfield, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Watt, Wiebe—50
ABSTENTIONS
The Honourable Senators
Nil
The question was then put on the motion of the Honourable Senator Corbin, seconded by the Honourable Senator Ferretti Barth, for the third reading of Bill C-6, An Act to amend the International Boundary Waters Treaty Act.
The motion was adopted on the following division:
YEAS
The Honourable Senators
Austin, Bacon, Banks, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fraser, Furey, Gauthier, Grafstein, Graham, Hubley, Jaffer, Joyal, Kenny, Kirby, LaPierre, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Moore, Morin, Phalen, Pitfield, Poulin, Poy, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Watt, Wiebe—51
NAYS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Comeau, Di Nino, Doody, Forrestall, Johnson, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Prud'homme, Rivest, Spivak, Stratton, Tkachuk—24
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, the Bill was 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.
Bills
Orders No. 5 and 6 were called and postponed until the next sitting.
Motions
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C.:
That, pursuant to Rule 39, not more than a further six hours of debate be allocated for the consideration of 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;
That when the debate comes to an end or when the time provided for the consideration of the said motion has expired, the Speaker shall interrupt, if required, any proceedings then before the Senate and put forthwith and successively every question necessary to dispose of the said motion; and
That any recorded vote or votes on the said question be taken in accordance with Rule 39(4).
After debate,
The question being put on the motion, it was adopted on the following division:
YEAS
The Honourable Senators
Bacon, Banks, Biron, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Grafstein, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Kirby, LaPierre, Losier-Cool, Maheu, Mahovlich, Milne, Moore, Morin, Pépin, Phalen, Pitfield, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Watt, Wiebe—47
NAYS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Di Nino, Doody, Forrestall, Johnson, Kinsella, LeBreton, Lynch- Staunton, Murray, Nolin, Oliver, Prud'homme, Rivest, Spivak, Stratton, Tkachuk—20
ABSTENTIONS
The Honourable Senators
Nil
Bills
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 Murray, P.C., seconded by the Honourable Senator Buchanan, P.C., that the Bill be not now read a third time but that it be amended in clause 146, on page 183,
(a) by adding after line 19 the following:
"Oversight and Report
146. (1) Within 90 days after this Act receives royal assent, Parliament shall appoint an officer of Parliament to monitor, as appropriate, the exercise of the duties and functions provided in this Act, excluding the powers and duties of the Information Commissioner under section 69.1 of the Access to Information Act, as enacted by section 87 of this Act, the powers and duties of the Privacy Commissioner under section 70.1 of the Privacy Act, as enacted by section 104 of this Act and the powers and duties of the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act.
(2) The officer referred to in subsection (1) shall table in both Houses of Parliament, annually or more frequently, as appropriate, a report on the exercise of the powers and duties provided in this Act, except those excluded under subsection (1).''; and
(b) by renumbering clause 146 as clause 147, and any cross-references thereto accordingly.
After debate,
With leave of the Senate and notwithstanding Rule 39(7),
In amendment, the Honourable Senator Beaudoin moved, seconded by the Honourable Senator Andreychuk, that the Bill be not now read a third time but that it be amended in clause 4,
(a) on page 29, by replacing line 40 with the following:
"83.19 Every one who knowingly facili-'';
(b) on page 30, by deleting lines 1 to 9.
After debate,
The question being put on the motion in amendment,
A recorded division was deferred until later this day.
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,
And on the motion in amendment of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Buchanan, P.C.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Beaudoin, that the Bill be not now read a third time but that it be amended in clause 4 by replacing line 46 on page 13 and lines 1 to 4 on page 14 with the following:
"(1) that is committed in whole or in part with the''.
After debate,
The question being put on the motion in amendment,
A recorded division was deferred until later this day.
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 Murray, P.C., seconded by the Honourable Senator Buchanan, P.C.
After debate,
Pursuant to the Order adopted earlier this day, the question was put on the motion in amendment of the Honourable Senator Andreychuk, seconded by the Honourable Senator Beaudoin, that the Bill be not now read a third time but that it be amended in clause 4 by replacing line 46 on page 13 and lines 1 to 4 on page 14 with the following:
"(1) that is committed in whole or in part with the''.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Di Nino, Doody, Eyton , Forrestall, Johnson, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Pitfield, Prud'homme, Rivest, Spivak, Stratton, Tkachuk—24
NAYS
The Honourable Senators
Austin, Bacon, Banks, Biron, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Day, De Bané, Fairbairn, Ferretti Barth, Finestone, Fraser, Furey, Gauthier, Grafstein, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Kirby, LaPierre, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Moore, Pépin, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Wiebe—45
ABSTENTIONS
The Honourable Senators
Nil
The question was put on the motion in amendment of the Honourable Senator Beaudoin, seconded by the Honourable Senator Andreychuk, that the Bill be not now read a third time but that it be amended in clause 4,
(a) on page 29, by replacing line 40 with the following:
"83.19 Every one who knowingly facili-'';
(b) on page 30, by deleting lines 1 to 9.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Di Nino, Doody, Eyton , Forrestall, Johnson, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Pitfield, Prud'homme, Rivest, Spivak, Stratton, Tkachuk—24
NAYS
The Honourable Senators
Austin, Bacon, Banks, Biron, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Day, De Bané, Fairbairn, Ferretti Barth, Finestone, Fraser, Furey, Gauthier, Grafstein, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Kirby, LaPierre, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Moore, Pépin, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Wiebe—45
ABSTENTIONS
The Honourable Senators
Nil
The question was put on the motion in amendment of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Buchanan, P.C., that the Bill be not now read a third time but that it be amended in clause 146, on page 183,
(a) by adding after line 19 the following:
"Oversight and Report
146. (1) Within 90 days after this Act receives royal assent, Parliament shall appoint an officer of Parliament to monitor, as appropriate, the exercise of the duties and functions provided in this Act, excluding the powers and duties of the Information Commissioner under section 69.1 of the Access to Information Act, as enacted by section 87 of this Act, the powers and duties of the Privacy Commissioner under section 70.1 of the Privacy Act, as enacted by section 104 of this Act and the powers and duties of the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act.
(2) The officer referred to in subsection (1) shall table in both Houses of Parliament, annually or more frequently, as appropriate, a report on the exercise of the powers and duties provided in this Act, except those excluded under subsection (1).''; and
(b) by renumbering clause 146 as clause 147, and any cross-references thereto accordingly.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Di Nino, Doody, Eyton, Forrestall, Grafstein, Johnson, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Pitfield, Prud'homme, Rivest, Spivak, Stratton, Tkachuk—25
NAYS
The Honourable Senators
Austin, Bacon, Banks, Biron, Callbeck, Carstairs, Chalifoux, Christensen, Cools, Corbin, Day, De Bané, Fairbairn, Ferretti Barth, Finestone, Fraser, Furey, Gauthier, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Kirby, LaPierre, Léger, Maheu, Mahovlich, Milne, Moore, Pépin, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Wiebe—42
ABSTENTIONS
The Honourable Senators
Nil
The question was then put 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.
The motion was adopted on the following division:
YEAS
The Honourable Senators
Austin, Bacon, Banks, Biron, Bolduc, Callbeck, Carstairs, Chalifoux, Christensen, Cools, Corbin, Day, De Bané, Eyton, Fairbairn, Ferretti Barth, Finestone, Fraser, Furey, Gauthier, Grafstein, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Kirby, LaPierre, Léger, Maheu, Mahovlich, Milne, Moore, Pépin, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Stollery, Taylor, Tunney, Wiebe—45
NAYS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Di Nino, Doody, Forrestall, Johnson, Kelleher, Keon, Kinsella, LeBreton, Lynch- Staunton, Meighen, Murray, Nolin, Oliver, Prud'homme, Rivest, Spivak, Stratton, Tkachuk—21
ABSTENTIONS
The Honourable Senators
Pitfield—1
Accordingly, the Bill was 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.
________________________________________________________
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The Communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
December 18, 2001
Mr. Speaker:
I have the honour to inform you that the Right Honourable Adrienne Clarkson, Governor General of Canada, will proceed to the Senate Chamber today, the 18th day of December 2001, at 4:45 p.m. for the purpose of giving Royal Assent to certain bills of law.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
________________________________________________________
Ordered, That all remaining Orders be postponed until the next sitting.
________________________________________________________
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, February, 5, 2002, at 2:00 p.m.
The question being put on the motion, it was adopted.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of Her Excellency the Governor General.
After awhile, Her Excellency the Governor General, having come and being seated at the foot of the Throne—
The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that—
"It is the pleasure of Her Excellency the Governor General that they attend her immediately in the Senate Chamber.''
The House of Commons being come,
One of the Clerks at the Table then read the titles of the Bills to be assented to as follows:
An Act to implement the Free Trade Agreement between the Government of Canada and the Government of the Republic of Costa Rica (Bill C-32, Chapter 28, 2001)
An Act to establish the Transportation Appeal Tribunal of Canada and to make consequential amendments to other Acts (Bill C-34, Chapter 29, 2001)
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 (Bill S-31, Chapter 30, 2001)
An Act to amend the Carriage by Air Act (Bill S-33, Chapter 31, 2001)
An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (Bill C-24, Chapter 32, 2001)
An Act to amend the Export Development Act and to make consequential amendments to other Acts (Bill C-31, Chapter 33, 2001)
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 ceased to have effect (Bill C-40, Chapter 34, 2001)
An Act to amend the Air Canada Public Participation Act (Bill C-38, Chapter 35, 2001)
An Act to amend the Parliament of Canada Act (Parliamentary Poet Laureate) (Bill S-10, Chapter 36, 2001)
An Act to amend the Criminal Code (alcohol ignition interlock device programs) (Bill C-46, Chapter 37, 2001)
An Act to amend the Aeronautics Act (Bill C-44, Chapter 38, 2001)
An Act to amend the International Boundary Waters Treaty Act (Bill C-6, Chapter 40, 2001)
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 (Bill C-36, Chapter 41, 2001).
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:—
"In Her Majesty's name, Her Excellency the Governor General doth assent to these Bills.''
4:55 p.m.
The Acting Speaker of the House of Commons addressed Her Excellency the Governor General as follows:
"May it Please Your Excellency:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Excellency the following Bill:
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 (Bill C-45, Chapter 39, 2001),
To which Bill I humbly request Your Excellency's Assent.''
After one of the Clerks at the Table read the title of the Bill—
To this Bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, Her Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to this Bill.''
4:57 p.m.
The Commons withdrew.
After which Her Excellency the Governor General was pleased to retire.
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 5:10 p.m. the Senate was continued until Tuesday, February 5, 2002, at 2:00 p.m.)