Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 107
Tuesday, April 23, 2002
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, 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, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, St. Germain, Stratton, Taylor, Tunney, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, 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, Poulin (Charette), Poy, Prud'homme, Rivest, *Robertson, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Sparrow, St. Germain, *Stollery, Stratton, Taylor, Tunney, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Carstairs, P.C., tabled the following:
ATIP Version of the National Counter-Terrorism Plan. —Sessional Paper No. 1/37-732S.
First Reading of Commons Public Bills
A Message was brought from the House of Commons with a Bill C-441, An Act to change the names of certain electoral districts, 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 Hervieux-Payette, 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.
Presentation of Petitions
The Honourable Senator Milne presented petitions:
Of Residents of Canada concerning the Statistics Act (census records).
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 8 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the Eighth Report of the Standing Joint Committee on Official Languages entitled: The Official Language Minority Communities Told Us..., tabled in the Senate on April 18, 2002.
The Honourable Senator Maheu moved, seconded by the Honourable Senator Banks, that the Report be adopted.
The question being put on the motion, it was adopted.
Orders No. 3 and 4 were called and postponed until the next sitting.
Resuming debate on the consideration of the Fifth Report (Final) of the Standing Senate Committee on National Security and Defence entitled: Canadian Security and Military Preparedness, deposited with the Clerk of the Senate on February 28, 2002.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Lapointe moved, seconded by the Honourable Senator Rompkey, P.C., 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. 6 to 8 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Gauthier, seconded by the Honourable Senator Callbeck, for the adoption of the Seventh Report of the Standing Joint Committee on Official Languages entitled: Good Intentions Are Not Enough, tabled in the Senate on February 21, 2002.
After debate,
The question being put on the motion, it was adopted.
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 Kinsella moved, seconded by the Honourable Senator Angus, 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.
Consideration of the Fifth Report of Standing Senate Committee on Fisheries entitled: Selected Themes on Canada's Freshwater and Northern Fisheries, tabled in the Senate on February 19, 2002.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson, that the Report be adopted.
After debate,
The Honourable Senator Adams moved, seconded by the Honourable Senator Cordy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
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 Banks for the Honourable Senator Lapointe moved, seconded by the Honourable Senator Corbin, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 46, 44 (inquiries), 106 (motion), 40 (inquiry) and 103 (motion) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Graham, P.C., seconded by the Honourable Senator Buchanan, P.C.,
That the Senate of Canada celebrates with all Canadians the 250th anniversary of Canada's first published newspaper, the Halifax Gazette, the publication of which on March 23, 1752 marked the beginning of the newspaper industry in Canada which contributes so much to Canada's strong and enduring democratic traditions.
After debate,
The Honourable Senator LaPierre moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That Order No. 40 (inquiry) be again called.
Resuming debate on the inquiry of the Honourable Senator Cordy calling the attention of the Senate to the status of palliative care in Canada.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Morin moved, seconded by the Honourable Senator Milne, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 119 (motion), 43, 11, 42, 16 (inquiries), 73 (motion), 26 (inquiry), 44 (motion) and 35 (inquiry) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Cools called the attention of the Senate to:
(a) to the public's need for the Senate and the Parliament of Canada to take into their cognizance the current conflict between Ottawa residents with their Ottawa City Council and the National Capital Commission regarding the National Capital Commission's proposal to re-zone a riverfront parkland to build a 244 dwelling housing development on that riverfront parkland, a matter well reported in the media;
(b) to the national capital parkland known as the Moffatt Farm, a riverfront parkland on the heritage waterway, the Rideau River, at Mooney's Bay, near the entrance to the Hog's Back Locks, all of which form a part of the ancient and historic Rideau Canal and the Rideau Canal Waterway System, a parkland which for decades has been held by the National Capital Commission as a commissioned public trust for its protection for the public good and for the public use;
(c) to the meaning in law of a commission, being that a commission is a public body with a public purpose, authorized by letters patent, an act of parliament, or other lawful warrant to execute and perform a public office, and further, that the National Capital Commission is no ordinary entity, or no simple arms length crown corporation but is a commission a peculiar constitutional entity, intended to perform a public duty;
(d) to the current land use designation zoning of Moffat Farm which is zoned as parkland, as are other Ottawa national capital parks such as Vincent Massey Park and Hog's Back Park, parklands whose maintenance and sustenance are of great importance and concern to Ottawans;
(e) to the National Capital Commission contracted agreements with private developers, including that one with DCR Phoenix, regarding the sale for development of the parkland, Moffatt Farm, to the same DCR Phoenix, a private developer currently acting as the National Capital Commission agent before Ottawa City Council and the Ontario Municipal Board in proceedings about the National Capital Commission proposed re-zoning of Moffatt Farm from parkland zoning to residential zoning so as to permit the National Capital Commission's sale of this parkland to private developers;
(f) to Ottawa City Council's unanimous decision on March 27, 2002 rejecting and soundly defeating the National Capital Commission/DCR Phoenix's proposal for re-zoning and development of the Moffatt Farm parkland, to the city government's strong objection to the proposed development, being the building of 244 expensive, luxurious high end houses on the Moffatt Farm parkland, a parkland also known for its environmentally sensitive lands;
(g) the responsible ministry's and the National Capital Commission's own protocol that holds that the National Capital Commission should defer to municipal government on planning issues and land use;
(h) to another motion overwhelmingly adopted by Ottawa City Council on April 10, 2002 expressing the City's wish to purchase the Moffatt Farm parkland, also asking the National Capital Commission to honour City Council's decision and also to withdraw its own appeal to the Ontario Municipal Board asking the Ontario Municipal Board to overturn City Council and force the re-zoning of Moffatt Farm from parkland zoning to residential zoning;
(i) to that same City Council motion of April 10, 2002, which said:
"WHEREAS the Moffatt Farm has been in public ownership for the past 50 years, since its expropriation, and has until 1999, been designated a Capital Park by the National Capital Commission;
AND WHEREAS the NCC has determined that this property is surplus to national needs and intends to sell it;
AND WHEREAS the Moffatt Farm is outside the General Urban Area, and designated as Waterfront Open Space in the Regional Official Plan, which is land in, or intended to be in, public ownership and intended for public recreation and environmental conservation uses;
AND WHEREAS the Moffatt Farm has no `right of development' at this time, being designated Major Open Space, Waterway Corridor and Environmentally Sensitive Area, zoning that offers the highest possible protection;
AND WHEREAS, in the Ottawa Official Plan, the Moffatt Farm is designated as a District/Community Park, a use identified in the 1973 Carleton Heights Secondary Plan as a means to address inadequate parkland for this area of the City;
AND WHEREAS, since 1973, the population of this community has doubled and available parkland has already decreased;
AND WHEREAS the City of Ottawa has a policy to acquire, where possible, waterfront properties that form the Greenway System and preserve these lands for public open space use;
THEREFORE BE IT RESOLVED that the City of Ottawa offer to purchase the entire Moffatt Farm property from the NCC, at a price which will be based on its current and future use as a District Park; and
BE IT FURTHER RESOLVED that the City request the local Members of Parliament (National Capital Caucus) to urge the NCC to respect Council's unanimous decision and withdraw its appeal to the OMB.''
(j) to the growing public disenchantment and disappointment of Ottawans who perceive the National Capital Commission's corporate culture as running roughshod over Ottawans with wanton disregard for local communities of which the Moffat Farm community is only one of several which include Lac Leamy, Sparks Street redevelopment and others, all of which have resulted in diminishing public respect for the National Capital Commission and its land use proposals in the national capital area;
(k) to the burgeoning public unease about the destiny of Ottawa's precious public lands as many Ottawans are anxious that the National Capital Commission is conducting its affairs in land use matters, more as a private development company and less as a public commission entrusted with Her Majesty's and the public's interest in the proper land use of unique, historical, heritage parklands and properties; and
(l) to the public need for Parliament's study and review of the National Capital Commission in its entirety, including its role, structure, organization, operations, authorizing statute, its parliamentary appropriations, finances, and its relations with Canadian citizens, especially Canadian citizens living in the Ottawa area, its land dealings, its land developments, and its agreements with private developers selected by the National Capital Commission as recipients, buyers, of treasured historic lands.
After debate,
The Honourable Senator Comeau for the Honourable Senator Kinsella moved, seconded by the Honourable Senator Stratton, 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 Kolber moved, seconded by the Honourable Senator Ferretti Barth:
That the Standing Senate Committee on Banking, Trade and Commerce have power to sit at 3:30 p.m. on Tuesday, April 30, 2002, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
DEFERRED DIVISION
At 5:30 p.m., pursuant to the Order adopted April 18, 2002, 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 Graham, P.C., seconded by the Honourable Senator Pépin, for the third reading of Bill C-35, An Act to amend the Foreign Missions and International Organizations Act.
The question was put on the motion in amendment of the Honourable Senator Andreychuk, seconded by the Honourable Senator Stratton, that the Bill be not now read a third time but that it be amended:
(a) in clause 3, on page 4, by adding after line 19, the following:
"(1.4) An order made under subsection (1) does not grant immunity in any civil or criminal proceeding respecting the commission of an act of terrorism, torture or genocide, an enforced disappearance, a summary execution, a war crime or a crime against humanity.''; and
(b) in clause 5, on page 6,
(i) by adding, after line 39, the following:
"(3) Where the Royal Canadian Mounted Police proposes to control, limit or prohibit access to an area under subsection (2), the Commissioner shall publicly announce a description of the delineated area before the later of
(a) 30 days after the dates of the intergovernmental conference are publicly announced; and
(b) 30 days before the first day of the intergovernmental conference.''; and
(ii) by renumbering subsections 10.1(3) and (4) as subsections 10.1(4) and (5) and any cross-references thereto accordingly.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Angus, Atkins, Beaudoin, Bolduc, Carney, Cochrane, Comeau, Di Nino, Doody, Gustafson, Johnson, Keon, Kinsella, LeBreton, Lynch-Staunton, Murray, Nolin, Oliver, Prud'homme, Roche, St. Germain, Stratton—23
NAYS
The Honourable Senators
Adams, Austin, Bacon, Baker, Banks, Biron, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Day, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hervieux-Payette, Hubley, Joyal, Kenny, Kolber, Kroft, LaPierre, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Moore, Morin, Pearson, Pépin, Phalen, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Sparrow, Taylor, Tunney, Watt, Wiebe—50
ABSTENTIONS
The Honourable Senators
Nil
Resuming debate on the motion of the Honourable Senator Graham, P.C., seconded by the Honourable Senator Pépin, for the third reading of Bill C-35, An Act to amend the Foreign Missions and International Organizations Act.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on division.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the National Energy Board for the year ended December 31, 2001, pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7, s. 133.—Sessional Paper No. 1/37-728.
Report of the Canada Mortgage and Housing Corporation, together with the Auditor General's report, for the year ended December 31, 2001, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/37-729.
Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the year 2000, pursuant to the Act, S.C. 1992, c. 52, s. 28.—Sessional Paper No. 1/37-730.
Report of the Royal Canadian Mint, together with the Auditor General's report, for the year ended December 31, 2001, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/37-731.
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 5:37 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 Social Affairs, Science and Technology
The names of the Honourable Senators Pépin and Fairbairn substituted for those of the Honourable Senators Léger et Christensen (April 18).
Standing Senate Committee on National Finance
The name of the Honourable Senator Finnerty substituted for that of the Honourable Senator Cook (April 18).
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Ferretti Barth (April 22).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Rompkey (April 18).
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Rossiter (April 22).
The name of the Honourable Senator Rompkey substituted for that of the Honourable Senator Bryden (April 23).
Standing Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator Gill substituted for that of the Honourable Senator Lapointe (April 19).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Furey substituted for that of the Honourable Senator Tunney (April 19).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Mahovlich (April 19).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator LaPierre substituted for that of the Honourable Senator Wiebe (April 22).