Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 92
Tuesday, March 5, 2002
2:00 p.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Angus, Austin, Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Duhamel, Eyton, Fitzpatrick, Fraser, Furey, Gauthier, Graham, Gustafson, Hervieux-Payette, Jaffer, Joyal, Kelleher, Keon, Kolber, LaPierre, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Milne, Moore, Morin, Murray, Oliver, Pearson, Phalen, Pitfield, Poulin (Charette), Prud'homme, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, Angus, Austin, Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, *Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Duhamel, Eyton, Fitzpatrick, Fraser, Furey, Gauthier, Graham, Gustafson, Hervieux-Payette, *Hubley, Jaffer, Joyal, Kelleher, *Kenny, Keon, *Kirby, Kolber, LaPierre, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, *Mahovlich, Meighen, Milne, Moore, Morin, Murray, Oliver, Pearson, Phalen, Pitfield, Poulin (Charette), Prud'homme, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe, Wilson
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Losier-Cool, Speaker pro tempore, took the Chair, pursuant to Rule 11.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
Supplementary Estimates (B), 2001-2002.—Sessional Paper No. 1/37-652.
2002-2003 Estimates, Parts I and II: The Government Expenditure Plan and Main Estimates.—Sessional Paper No. 1/37-653.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Austin, P.C., presented the following:
TUESDAY, March 5, 2002
The Standing Committee on Rules, Procedures and the Rights of Parliament (formerly entitled the Standing Committee on Privileges, Standing Rules and Orders) has the honour to present its
TENTH REPORT
Your Committee, to which was referred Bill S-34, An Act respecting royal assent to bills passed by the Houses of Parliament, in obedience to the Order of Reference of Thursday, October 4, 2001, has examined the said Bill and now reports the same with the following amendments, with observations which are appended to this report as Appendix A, and with a letter to the Chair of the Committee from the Honourable Ralph Goodale, Leader of the Government in the House of Commons and the Honourable Senator Carstairs, Leader of the Government in the Senate as Appendix B.
1. Page 1, New Preamble: Add after the long title the following:
"Whereas royal assent is the constitutional culmination of the legislative process;
Whereas the customary ceremony of royal assent, which assembles the three constituent entities of Parliament, is an important legislative tradition to be preserved;
And whereas it is desirable to facilitate the work of Parliament and the process of enactment by enabling royal assent to be signified by written declaration;''.
2. Page 1, Enacting Clause: Replace line 1 of the English version with the following:
"Now, therefore, Her Majesty, by and with the advice and''.
3. Page 1, Clause 2: Replace lines 9 to 14 with the following:
"(a) in Parliament assembled; or
(b) by written declaration.''.
4. Page 1, Clause 3: Replace lines 15 to 17 with the following:
"3. (1) Royal assent shall be signified in Parliament assembled at least twice in each calendar year.
(2) Royal assent shall be signified in Parliament assembled in the case of the first bill of the session appropriating sums for the public service of Canada based upon main or supplementary estimates.''.
Respectfully submitted,
JACK AUSTIN
Chair
(Appendices A and B to the report are printed as an Appendix)
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Joyal, P.C., 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 Banks for the Honourable Senator Kenny, Chair of the Standing Senate Committee on National Security and Defence, informed the Senate that, pursuant to an Order adopted by the Senate on May 31, 2001, he had deposited with the Clerk of the Senate on February 28, 2002, the Fifth Report (Final) of the said Committee entitled: Canadian Security and Military Preparedness.—Sessional Paper No. 1/37-645S.
The Honourable Senator Banks moved, seconded by the Honourable Senator Wiebe, 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-30, An Act to establish a body that provides administrative services to the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, to amend the Federal Court Act, the Tax Court of Canada Act and the Judges Act, and to make related and consequential amendments to other Acts, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Bryden moved, seconded by the Honourable Senator Poulin, 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-27, An Act respecting the long-term management of nuclear fuel waste, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Gauthier, moved, seconded by the Honourable Senator Lapointe, 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 Robichaud, P.C., presented a Bill S-40, An Act to amend the Payment Clearing and Settlement Act.
The Bill was read the first time.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Carstairs, 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.
The Honourable Senator Robichaud, P.C., presented a Bill S-41, An Act to re-enact legislative instruments enacted in only one official language.
The Bill was read the first time.
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 second reading two days hence.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations.
The Honourable Senator De Bané, P.C., tabled the following:
Report of the Canadian Section of the Assemblée parlementaire de la Francophonie, respecting its participation at the meeting of the APF Political Committee, held in Paris, France, from January 25 to 27, 2002.—Sessional Paper No. 1/37-654.
Report of the Canadian Section of the Assemblée parlementaire de la Francophonie respecting its participation at the APF Bureau meeting, held in Paris, France, on January 28 and 29, 2002.—Sessional Paper No. 1/37-655.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Pearson, seconded by the Honourable Senator Poy, for the third reading of Bill C-15A, An Act to amend the Criminal Code and to amend other Acts, as amended.
After debate,
In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Moore, that the Bill be not now read a third time but that it be amended in clause 71, on page 37, by replacing line 28, with the following:
"writing to any member in good standing of the bar of a province, retired judge or any other individual who, in the opinion of the Minister, has similar background or experience the powers of the''.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Adams, that further debate on the motion in amendment 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 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Poy, seconded by the Honourable Senator Banks, for the second reading of Bill S-39, An Act to amend the National Anthem Act to include all Canadians.
After debate,
The Honourable Senator Banks for the Honourable Senator Johnson moved, seconded by the Honourable Senator Wiebe, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 5 to 10 were called and postponed until the next sitting
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on consideration of the Ninth Report of the Standing Senate Committee on National Finance (study on the role of the government in the financing of deferred maintenance costs in Canada's post-secondary institutions) tabled in the Senate on October 30, 2001.
After debate,
The Honourable Senator Morin moved, seconded by the Honourable Senator Cordy, 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.
Orders No. 5 and 6 were called and postponed until the next sitting.
Other
Orders No. 73 (motion), 26 (inquiry), 44 (motion), 35 (inquiry), 41 (motion) and 37 (inquiry) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Finestone, P.C., calling the attention of the Senate to three diseases which are sweeping the developing world and which draw many to ask whether intellectual property rights over patented medicines haven't taken precedence over the protection of human life.
Debate concluded.
Orders No. 3 (motion), 31, 38 and 36 (inquiries) were called and postponed until the next sitting
Resuming debate on the inquiry of the Honourable Senator Callbeck calling the attention of the Senate to the status of legal aid in Canada and the difficulties experienced by many low-income Canadians in acquiring adequate legal assistance, for both criminal and civil matters.
After debate,
The Honourable Senator Stratton for the Honourable Senator Spivak moved, seconded by the Honourable Senator Gustafson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 11 (inquiry) was called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Gauthier calling the attention of the Senate to the important role of culture in Canada and the image that we project abroad.
After debate,
The Honourable Senator LaPierre moved, seconded by the Honourable Senator Day, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 33, 32 (inquiries) and 74 (motion) were called and pursuant to Rule 27(3) were dropped from the Order Paper.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the Employment Equity Act (Labour) for the year 2001, pursuant to the Employment Equity Act, S.C. 1995, c. 44, s. 20.1/37.—Sessional Paper No. 1/37-646.
Report of the Canada Industrial Relations Board for the fiscal year ended March 31, 2001, pursuant to the Canada Labour Code (Part I), S.C. 1998, c. 26, sbs. 22(1).—Sessional Paper No. 1/37-647.
Statutes of Nunavut for November 2001, pursuant to the Nunavut Act, R.S.C. 1999, c. N-28, sbs. 28(1).—Sessional Paper No. 1/37-648.
Statutes of the Yukon for December 2001, pursuant to the Yukon Act, R.S.C. 1985, c. Y-2, sbs. 22(1).—Sessional Paper No. 1/37-649.
Statutes of the Northwest Territories for November 2001, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N-22, sbs. 21(1).—Sessional Paper No. 1/37-650.
Report of the Canadian Intellectual Property Office, together with the auditor's report, for the fiscal year ended March 31, 2001, pursuant to the Patent Act, R.S.C. 1985, c. P-4, s. 26. —Sessional Paper No. 1/37-651.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Milne:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:50 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Bolduc and Gustafson substituted for those of the Honourable Senators Oliver and Di Nino (February 21).
The names of the Honourable Senators Furey and Poulin substituted for those of the Honourable Senators Gill and Banks (February 25).
The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Bolduc (March 4).
Standing Senate Committee on Human Rights
The names of the Honourable Senators Jaffer and Poy substituted for those of the Honourable Senators Cook and Cordy (February 25).
Standing Senate Committee on Foreign Affairs
The name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Day (February 25).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Fairbairn (February 25).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Milne (February 25).
The names of the Honourable Senators Milne and Poulin substituted for those of the Honourable Senators Kroft and Bryden (March 4).
The names of the Honourable Senators Day and Maheu substituted for that of the Honourable Senators Cools and Grafstein (March 5).
Standing Joint Committee for the Scrutiny of Regulations
The names of the Honourable Senators Lapointe and Jaffer substituted for those of the Honourable Senators Wiebe and Tunney (February 25).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Léger (February 25).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Hubley (March 4).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Hubley (March 4).
Standing Senate Committee on National Finance
The name of the Honourable Senator De Bané substituted for that of the Honourable Senator Ferretti Barth (March 4).