Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 19
Wednesday, November 20, 2002
1:30 p.m.
The Honourable Rose-Marie Losier-Cool, Acting Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, De Bané, Di Nino, Doody, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Gustafson, Hubley, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kolber, Kroft, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Oliver, Pearson, Phalen, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, *Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, *Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, *Day, De Bané, Di Nino, Doody, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, *Graham, Gustafson, *Hays, Hubley, *Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, *Kirby, Kolber, Kroft, *LaPierre, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, *Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, *Nolin, Oliver, Pearson, Phalen, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, 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:
Report of Technology Partnerships Canada, an agency of Industry Canada, entitled: Investing in innovation, 2001- 2002 Year in Review.—Sessional Paper No. 2/37-198.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Maheu tabled the following (Sessional Paper No. 2/37-199S):
WEDNESDAY, November 20, 2002
The Standing Joint Committee on Official Languages, which was authorized by section 88 of the Official Languages Act to review the administration of the Act and the reports of the Commissioner of Official Languages, the President of the Treasury Board and the Minister of Canadian Heritage, reports, pursuant to Rule 104, that the Senate's share of expenses that it incurred during the First Session of the Thirty-Seventh Parliament are as follows:
Professional Services $ 3,808 Witness Expenses $ 3,398 Total $ 7,206
During the session, the Committee held 48 meetings, during which it heard 130 witnesses. The Committee examined Part VII of the Official Languages Act, the bilingual services offered by Air Canada, the broadcasting and availability of the debates of Parliament in both official languages and the Estimates of the Office of the Commissioner of Official Languages. The Committee presented 12 reports.
Respectfully submitted,
SHIRLEY MAHEU
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 October 30, 2002, he had deposited with the Clerk of the Senate on November 12, 2002, the Second Report (Interim) of the said Committee entitled: For an Extra 130 Bucks... Update on Canada's Military Financial Crisis, A View from the Bottom Up.—Sessional Paper No. 2/37- 189S.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Kroft, 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 presented the following:
WEDNESDAY, November 20, 2002
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its
THIRD REPORT
On Wednesday, November 6, 2002, Senator Joseph A. Day moved, seconded by the Honourable Senator Baker, P.C., the following motion:
That the Standing Senate Committee on National Security and Defence be authorized to adjourn from place to place within and outside Canada for the purpose of pursuing its study.
Debate on this motion was adjourned. The following day, Thursday, November 17, an amendment was moved by Senator Sharon Carstairs, P.C., seconded by the Honourable Senator Robichaud, P.C., that the question be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament. Subsequently, Senator Noel A. Kinsella moved, seconded by the Honourable Senator Stratton, that the motion in amendment be amended by adding the words: "That the Committee report back to the Senate on this matter no later than November 21, 2002.'' The motion in amendment, as amended, was adopted by the Senate:
That the question be referred to the Standing Committee on Rules, Procedure and the Rights of Parliament; and
That the committee report to the Senate no later than November 21.
Your Committee has been advised that the specific proposed trip that gave rise to the original motion has been postponed. As this order of reference raises a number of important issues, partly covered by the Procedural Guidelines adopted by the Senate on March 26, 2002 (now contained in Appendix II to the Rules of the Senate), which must be considered by your Committee, and given its current workload, your Committee recommends that the deadline for reporting back to the Senate on this order of reference be deleted.
Respectfully submitted,
LORNA MILNE
Chair
The Honourable Senator Milne moved, seconded by the Honourable Senator Chalifoux, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
Resuming debate on the motion of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Carstairs, P.C.:
That the documents entitled: "Proposals to amend the Parliament of Canada Act (Ethics Commissioner) and other Acts as a consequence'' and "Proposals to amend the Rules of the Senate and the Standing Orders of the House of Commons to implement the 1997 Milliken-Oliver Report'', tabled in the Senate on October 23, 2002, be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
After debate,
The Honourable Senator Sparrow moved, seconded by the Honourable Senator Adams, 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 the speeches of the Right Honourable Jean Chrétien, Prime Minister of Canada, the Honourable Lucie Pépin, Speaker pro tempore of the Senate, the Honourable Peter Milliken, Speaker of the House of Commons, and the Right Honourable Brian Mulroney, delivered yesterday at the unveiling of the official portrait of the 18th Prime Minister of Canada, Brian Mulroney, be printed as an Appendix to the Debates of the Senate.
Bills
Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Maheu, for the second reading of Bill C-10, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act.
After debate,
The question being put on the motion, it was adopted on division.
The Bill was then read the second time, on division.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted on division.
With leave,
The Senate reverted to Notices of Motions.
With leave of the Senate,
The Honourable Senator Adams moved, seconded by the Honourable Senator Watt:
That it be an instruction to the Standing Senate Committee on Legal and Constitutional Affairs that it divide Bill C- 10, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, into two Bills, in order that it may deal separately with the provisions relating to firearms and the provisions relating to cruelty to animals.
After debate,
The question being put on the motion, it was adopted on division.
With leave of the Senate,
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 while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
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Ordered, That Motion No. 64 standing in the name of the Honourable Senator LeBreton be brought forward.
The Honourable Senator LeBreton moved, seconded by the Honourable Senator Kinsella:
That the Standing Senate Committee on Social Affairs, Science and Technology have power to sit on Wednesday, November 20, 2002, at 3:30 p.m., 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.
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With leave of the Senate,
The Honourable Senator Furey moved, seconded by the Honourable Senator Gill:
That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 6 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Other
Orders No. 6, 4 (inquiries), 4 (motion), 3 (inquiry), 3, 5 (motions), 2 (inquiry) and 7 (motion) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Fraser:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and assess the obstacles confronting deaf and hearing-impaired persons who want full access to television programming, films, or any other form of communication or official announcement dealing with health, the maintenance of order or public safety.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Christensen for the Honourable Senator Chalifoux moved, seconded by the Honourable Senator Milne:
That the Standing Senate Committee on Aboriginal Peoples have power to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.
The question being put on the motion, it was adopted.
The Honourable Senator Christensen for the Honourable Senator Chalifoux moved, seconded by the Honourable Senator Milne:
That the Standing Senate Committee on Aboriginal Peoples be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
The question being put on the motion, it was adopted.
The Honourable Senator Kinsella for the Honourable Senator Meighen moved, seconded by the Honourable Senator Atkins:
That the Standing Senate Committee on National Security and Defence be authorized to examine and report on the health care provided to veterans of war and of peacekeeping missions; the implementation of the recommendations made in its previous reports on such matters; and the terms of service, post-discharge benefits and health care of members of the regular and reserve forces as well as members of the RCMP and of civilians who have served in close support of uniformed peacekeepers; and all other related matters.
That the papers and evidence received and taken on the subject during the Second Session of the Thirty-sixth Parliament and the First Session of the Thirty-seventh Parliament be referred to the Committee;
That the Committee report no later than June 30, 2003.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Commissioner of Competition for the fiscal year ended March 31, 2002, pursuant to the Competition Act, R.S.C. 1985, c. 19 (2nd Supp.), s. 127.—Sessional Paper No. 2/37-193.
Report of the Natural Sciences and Engineering Research Council of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2002, pursuant to the Natural Sciences and Engineering Research Council Act, R.S.C. 1985, c. N-21, s. 18.—Sessional Paper No. 2/37-194.
Reports of Statistics Canada for the fiscal year ended March 31, 2002, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 2/37-195.
Summary of the Corporate Plan for 2003-07 of the Business Development Bank of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-196.
Report of the Administrator of the Ship-source Oil Pollution Fund for the fiscal year ended March 31, 2002, pursuant to the Marine Liability Act, S.C. 2001, c. 6, sbs. 100(2).—Sessional Paper No. 2/37-197.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Banks:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:41 p.m. the Senate was continued until 1:30 p.m. tomorrow.)