Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 112
Thursday, May 2, 2002
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Baker, Banks, Biron, Bolduc, Bryden, Buchanan, Callbeck, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Kroft, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Oliver, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sparrow, St. Germain, Stratton, Taylor, Tunney, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, *Bacon, Baker, Banks, *Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, *Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, *Kirby, Kroft, LaPierre, Lapointe, 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, Rossiter, Setlakwe, Sparrow, St. Germain, Stratton, Taylor, Tunney, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
Reports of Technology Partnerships Canada for 1999-2000 and 2000-2001.—Sessional Paper No. 1/37-755.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Austin, P.C., presented the following:
THURSDAY, May 2, 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
THIRTEENTH REPORT
1. Pursuant to the order of reference dated December 4, 2001, as extended by motion on March 26, 2002, your Committee has considered the issue of time allotted to tributes in the Senate.
2. The issue of time spent on tributes has been a source of concern for a number of Senators for some time. On November 8, 2001, Senator Jean Lapointe gave notice that he would call attention to the issue, and the matter was discussed in the Senate on November 8, November 20, and November 21, 2001. Senator Lapointe subsequently moved the motion of December 4, 2001 that your Committee examine and report on this issue. Among the Senators who spoke on this issue in the Senate, there was unanimous support for the proposal that the time spent on tributes should be limited.
3. Your Committee considered this issue at its meeting on April 17, 2002. The appropriateness of tributes upon the retirement, resignation or death of Senators and former Senators is not in dispute. There is, however, widespread concern over the amount of time that can be devoted to individual tributes. Not only does this detract from the regular public business of the Chamber, but tributes can also take on a life of their own with many Senators feeling that they have to make a contribution. Comparisons have inevitably been made between the time and number of Senators paying tribute in individual cases.
4. After canvassing various issues and proposed solutions — including the placement of tributes on the Order Paper, the setting aside of special times of the week, the filing of written tributes for inclusion in Hansard, etc. — your Committee has concluded that the time allocated to tributes should be strictly limited to 15 minutes. The decision as to when to schedule tributes will remain with the Senate leadership. The tributes will generally occur near the beginning of the sitting. It is likely the Leader of the Government and the Leader of the Opposition, or their designates, will speak first. Your Committee does not believe that individual speeches should last more than three minutes. On those occasions when a large number of Senators wish to speak, it may be necessary to reduce the time allotted to individual speakers. Your Committee strongly believes that 15 minutes ought to be a maximum, and that no leave to extend the time should be sought, or granted.
5. Your Committee notes that Senators have various other opportunities in which to pay tribute to former colleagues. These include: Senators' Statements, motions, and notices of inquiries. There are, of course, other avenues in addition to the Senate Chamber for conveying congratulations, best wishes or condolences.
Therefore, your Committee recommends that Rule 22 of the Rules of the Senate be amended by adding after subsection (9) the following:
"Tributes
(10) At the request of the Government Leader in the Senate or the Leader of the Opposition, the time provided for the consideration of "Senators' Statements'' shall be extended by no more than fifteen minutes on any one day for the purpose of paying tribute to a Senator or to a former Senator, and by such further time as may be taken for the response under subsection (13).
Time limits
(11) The Speaker shall advise the Senate of the amount of time to be allowed for each intervention by Senators paying tribute, which shall not exceed three minutes; a Senator may speak only once.
No leave
(12) Where a Senator seeks leave to speak after the fifteen minutes allocated for Tributes has expired, the Speaker shall not put the question.
Response
(13) After all tributes have been completed, the Senator to whom tribute is being paid may respond.
Senate Publications
(14) The tributes and response given under subsections (10) to (13) shall appear under the separate heading "Tributes'' in the Journals of the Senate and the Debates of the Senate.
No bar
(15) Nothing in this rule prevents a Senator from paying tribute to another Senator or to a former Senator at any other time allowed under these rules.
Other tributes
(16) Nothing in this rule prevents an allocation of time for tributes to persons who are not Senators or former Senators.''.
Respectfully submitted,
JACK AUSTIN
Chair
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Grafstein, 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 Andreychuk, Chair of the Standing Senate Committee on Human Rights, presented its Third Report (budget 2002-2003)
(The Report is printed as Appendix "A'')
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Comeau, 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 Milne, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Sixteenth Report (budget 2002-2003)
(The Report is printed as Appendix "B'')
The Honourable Senator Milne moved, seconded by the Honourable Senator Poulin, 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 Poulin for the Honourable Kolber presented the following:
THURSDAY, May 2, 2002
The Standing Senate Committee on Banking Trade and Commerce has the honour to present its
SIXTEENTH REPORT
Your Committee, to which was referred Bill C-23, An Act to Amend the Competition Act and the Competition Tribunal Act, has, in obedience to the Order of Reference of Tuesday, February 5, 2002, examined the said Bill and now reports the same:
(a) with the following amendment:
Page 37, clause 14: Replace in the English version line 25 with the following:
"tered 30 days after its publication''
(b) and with observations which are appended to this report.
Respectfully submitted,
E. LEO KOLBER
Chairman
(The Appendix to the Report is printed as Appendix "C'' at pages 1579-1582.)
The Honourable Senator Poulin 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 Forrestall presented a Bill S-43, An Act to protect heritage lighthouses.
The Bill was read the first time.
The Honourable Senator Forrestall moved, seconded by the Honourable Senator LeBreton, 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 Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Robichaud, P.C.,
That the Senate do not insist on its amendment numbered 1(a) to Bill C-15A, An Act to amend the Criminal Code and to amend other Acts to which the House of Commons has disagreed; and
That a message be sent to the House of Commons to acquaint that House accordingly.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Cochrane, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill C-50, An Act to amend certain Acts as a result of the accession of the People's Republic of China to the Agreement Establishing the World Trade Organization.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Cook, that the Bill be read the second time.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Kelleher, P.C., moved, seconded by the Honourable Senator Bolduc, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Ordered, That Motion No. 128 in the name of Honourable Senator Hervieux-Payette, P.C. be brought forward.
MOTIONS
The Honourable Senator Hervieux-Payette, P.C. moved, seconded by the Honourable Senator Andreychuk:
That:
Recognizing the important efforts made by the Colombian government to seek a lasting peace for the people of Colombia;
Regretting the breakdown in the peace process;
Stressing that the protection of Colombia's civilian population remains a primary concern;
Noting that the intensification of violence since the breakdown in the peace negotiations between the Government of Colombia and the Revolutionary Armed Forces of Colombia (FARC) is seriously undermining the legitimacy of the electoral process; and
Considering that attacks by the armed actors, including the abduction of Presidential candidate Ingrid Betancourt on February 23, 2002, and plots to assassinate other leading candidates, are compromising the democratic process in Colombia;
The Senate of Canada
Expresses concern regarding the violent events and recent threats to democracy in Colombia;
Urges the Revolutionary Armed Forces of Colombia (FARC) for the immediate and unconditional liberation of all hostages that remain kidnapped, including Mrs. Betancourt and her assistant Clara Rojas; and
Calls on all parties to respect their obligations under international humanitarian law and to take steps leading to a negotiated and just peace, that will provide a secure future for all Colombians and end the armed conflict; and
That a Message be sent to the House of Commons informing that House that the Senate has passed this Resolution and requesting that House to unite with the Senate therein.
After debate,
In amendment, the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Hervieux- Payette, P.C., that the motion be amended by adding after the last paragraph the following:
That the Speaker of the Senate transmit this Resolution to the following authorities:
1. The Canadian Ambassador to Columbia
2. The Canadian Ambassador to the Organization of the American States—OAS
3. The President of the Columbian Senate.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Watt, 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
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Cook, for the third reading of Bill S-18, An Act to Amend the Food and Drugs Act (clean drinking water).
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Sibbeston, moved, seconded by the Honourable Senator De Bané, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 to 7 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Stratton, seconded by the Honourable Senator Cohen, for the second reading of Bill S-20, An Act to provide for increased transparency and objectivity in the selection of suitable individuals to be named to certain high public positions.
After debate,
The Honourable Senator Stratton for the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Kinsella, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
A Point of Order was raised with respect to the further consideration of Bill S-20.
After debate,
The Speaker reserved his decision.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 was 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 Atkins 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.
Orders No. 3 to 13 were called and postponed until the next sitting.
Other
Orders No. 16, 40 (inquiries), 73 (motion), 46 (inquiry), 44, 122 (motions), 49 (inquiry), 106, 103, 119 (motions), 43, 11 and 42 (inquiries) were called and postponed until the next sitting.
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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 De Bané, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday next, May 7, 2002, at 2:00 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on Northern Oil and Gas for the year 2001, pursuant to the Canada Petroleum Resources Act, R.S.C. 1985, c. 36, (2nd Supp.), s. 109.—Sessional Paper No. 1/37-753.
Copy of Order in Council P.C. 2002-403 dated March 21, 2002, concerning a lands claim agreement with the Ta'an Kwach'an Council, pursuant to the Yukon First Nations Land Claims Settlement Act, S.C. 1994, c. 34, sbs. 5(2).—Sessional Paper No. 1/37-754.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:12 p.m. the Senate was continued until Tuesday next, May 7, 2002, at 2:00 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Joint Committee on Official Languages
The names of the Honourable Senators Léger and Maheu substituted for those of the Honourable Senators Morin and Biron (May 1).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Taylor substituted for that of the Honourable Senator Pearson (May 1).
The name of the Honourable Senator Pearson substituted for that of the Honourable Senator Taylor (May 2).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Hervieux-Payette (May 1).
The name of the Honourable Senator Hervieux-Payette substituted for that of the Honourable Senator Mahovlich (May 2).
Standing Committee on Rules, Procedures and the Rights of Parliament
The names of the Honourable Senators Bryden and Poulin substituted for those of the Honourable Senators Baker and Rompkey (May 2).