Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 102
Tuesday, March 26, 2002
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Banks, Beaudoin, Bryden, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kelleher, Keon, Kinsella, LaPierre, Lapointe, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Milne, Moore, Morin, Murray, Nolin, Pearson, Pépin, Poulin (Charette), Poy, Rivest, Robichaud, Rompkey, Sibbeston, Sparrow, St. Germain, Stollery, Taylor, Tkachuk, Tunney, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, *Bacon, Banks, Beaudoin, Bryden, *Callbeck, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, *Forrestall, Fraser, Furey, Gauthier, Gill, *Gustafson, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kelleher, *Kenny, Keon, Kinsella, *Kirby, LaPierre, Lapointe, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Milne, Moore, Morin, Murray, Nolin, *Oliver, Pearson, Pépin, *Phalen, Poulin (Charette), Poy, Rivest, Robichaud, Rompkey, Sibbeston, Sparrow, St. Germain, Stollery, Taylor, Tkachuk, Tunney, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Austin, P.C., presented the following:
TUESDAY, March 26, 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
TWELFTH REPORT
Pursuant to its Seventh Report, adopted by the Senate on February 5, 2002, your Committee has reviewed the Rules of the Senate with respect to the matter of officially recognizing a third party, and recommends the following:
1. That the Rules of the Senate be amended in rule 4
(a) by adding after subparagraph 4(d)(iii) the following:
"(iv) "Leader of a recognized party in the Senate'' means a Senator who is the Government Leader in the Senate, the Leader of the Opposition or the leader of any recognized third party in the Senate.
(v) "Leader of a recognized third party in the Senate'' means a Senator, other than the Government Leader in the Senate or the Leader of the Opposition, who is the leader of a recognized party in the Senate or a Senator acting for that Senator.'';.
(b) by adding after subparagraph (k)(v) the following:
"(vi) Recognized Party in the Senate
"Recognized party in the Senate'' means a political party that
(A) initially has five or more members in the Senate and is at the same time a registered party under the Canada Elections Act, and
(B) continues without interruption to have five or more members in the Senate, whether or not it ceases to be a registered party under the Canada Elections Act.''.
2. That the Rules of the Senate be amended in rule 17 by replacing paragraph 17(2)(a) with the following:
"(a) consult the Leader of the Government in the Senate, the Leader of the Opposition, and the leaders of any recognized third parties in the Senate or in all cases, their designates;''.
3. That the Rules of the Senate be amended in rule 37 by replacing subsection 37(2) with the following:
"(2) The Leader of the Government in the Senate and the Leader of the Opposition shall be permitted unlimited time for debate, and each leader of a recognized third party in the Senate shall be permitted no more than forty-five minutes for debate.''.
4. That the Rules of the Senate be amended in rule 40 by replacing subparagraph 40(2)(b), with the following:
"(b) the Leader of the Government in the Senate and the Leader of the Opposition may each speak for no longer than thirty minutes, and each leader of a recognized third party in the Senate may speak for no longer than fifteen minutes;''.
5. That the Rules of the Senate be amended in rule 85(5)
(a) by deleting the word "and'' after paragraph (a);
(b) by replacing the period at the end of paragraph (b) with a semi-colon followed by the word "and''; and
(c) by adding after paragraph (b) the following:
"(c) with respect to members of a recognized third party in the Senate, by the leader of that party or any Senator named by that leader.''.
Respectfully submitted,
JACK AUSTIN
Chair
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Cook, 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 Taylor presented a Bill S-42, An Act to amend the Canada Post Corporation Act (house- holder mailings).
The Bill was read the first time.
The Honourable Senator Taylor moved, seconded by the Honourable Senator Chalifoux, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Christensen, seconded by the Honourable Senator Léger, for the third 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.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Johnson, 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 Bryden, seconded by the Honourable Senator Sibbeston, for the third reading of 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.
After debate,
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Maheu, 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-51, 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 Cools moved, seconded by the Honourable Senator LaPierre, that the Bill be read the third time.
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.
Third reading of Bill C-33, An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts, as amended.
The Honourable Senator Watt moved, seconded by the Honourable Senator Stollery, that the Bill, as amended, be read the third time.
After debate,
The question being put on the motion, it was adopted.
The Bill, as amended, 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, with an amendment, to which they desire their concurrence.
Third reading of Bill C-49, An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001.
The Honourable Senator Cools moved, seconded by the Honourable Senator Léger, that the Bill be read the third time.
Debate.
With leave of the Senate,
The Honourable Senator Murray, P.C., tabled the following:
Letters from the Minister of Transport and the Secretary of State (Finance) to the Chair of the Standing Senate Committee on National Finance concerning Bill C-49.—Sessional Paper No. 1/37-701S.
The Senate resumed debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Léger for third reading of Bill C-49.
After debate,
In amendment, the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Atkins, that the Bill be not now read a third time but that it be amended:
(a) on pages 13 to 76, by deleting Part 2;
(b) by renumbering Parts 3, 4, 5 and 6 as Parts 2, 3, 4 and 5 and any cross-references thereto accordingly; and
(c) by renumbering clauses 12 to 47 as clauses 5 to 40 and any cross-references thereto accordingly.
The question being put on the motion in amendment, it was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Comeau, Di Nino, Eyton, Johnson, Kelleher, Keon, Kinsella, Lynch-Staunton, Murray, Tkachuk—13
NAYS
The Honourable Senators
Austin, Banks, Bryden, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Furey, Gill , Hubley, Joyal, LaPierre, Lapointe, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Moore, Morin, Pearson, Pépin, Poulin, Poy, Robichaud, Rompkey, Stollery, Taylor, Tunney, Wiebe—39
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Léger for third reading of Bill C-49, An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001.
After debate,
In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator Lynch-Staunton, that the bill be not now read a third time but that it be amended in clause 5, on page 14, by replacing lines 39 to 43 with the following:
"(ii) an individual under twelve years of age or sixty-five years of age or older,''.
The question was put on the motion in amendment.
With leave of the Senate, a recorded division was deferred until 10:00 a.m. tomorrow.
Order No. 6 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Taylor, for the second reading of Bill C-52, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2003.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Cools moved, seconded by the Honourable Senator Watt, 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 9 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Consideration of the Twelfth Report of the Standing Senate Committee on Foreign Affairs (budget—study concerning Russia and Ukraine), presented in the Senate on March 25, 2002.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Morin, that the Report be adopted.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Comeau, that further debate on the motion 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.
Order No. 8 (motion) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
Consideration of the Eleventh Report of the Standing Committee on Rules, Procedures and the Rights of Parliament, entitled: Modernizing the Senate Within: Updating the Senate Committee Structure, presented in the Senate on March 20, 2002.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., that the Report be adopted.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Murray, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 106 (motion), 40 (inquiry), 103, 122, 119, 120 (motions), 43, 11, 42, 16, 29 (inquiries), 73 (motion), 26 (inquiry), 44 (motion), 35 (inquiry), 41 (motion) and 37 (inquiry) were called and postponed until the next sitting.
Order No. 3 (motion) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
INQUIRIES
The Honourable Senator Poy called the attention of the Senate to the significance of March 21st, the International Day for the Elimination of Racial Discrimination.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Murray, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Atkins called the attention of the Senate to the life and times of the late Dalton Camp, O.C., whose death occurred March 18, 2002.
Debated concluded.
MOTIONS
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C.,
That notwithstanding the motion adopted by the Senate on December 4, 2001, the Standing Committee on Rules, Procedures and the Rights of Parliament be authorized to extend the date for the presentation of its report on the time allocated to tributes in the Upper Chamber from March 31, 2002 to May 31, 2002.
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 Taylor:
That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, March 27, 2002, at 9:00 a.m.
After debate,
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Carstairs, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:20 p.m. the Senate was continued until 9:00 a.m. tomorrow.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Finance
The names of the Honourable Senators Beaudoin and Wiebe substituted for those of the Honourable Senators Tkachuk and Tunney (March 25).
The names of the Honourable Senators Tunney and Furey substituted for those of the Honourable Senators Wiebe and Taylor (March 26).
Standing Senate Committee on Foreign Affairs
The name of the Honourable Senator Di Nino substituted for that of the Honourable Senator Carney (March 25).
Standing Senate Committee on Fisheries
The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Adams (March 26).
Standing Committee on Rules, Procedures and the Rights of Parliament
The names of the Honourable Senators Milne and Cordy substituted for those of the Honourable Senators Grafstein and Kroft (March 26).