Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 20
Thursday, November 21, 2002
1:30 p.m.
The Honourable Rose-Marie Losier-Cool, Acting Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Grafstein, Gustafson, Hubley, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Oliver, Pearson, Phalen, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Sparrow, Spivak, Stollery, Stratton, 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, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Grafstein, *Graham, Gustafson, *Hays, Hubley, *Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, 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, Sparrow, Spivak, Stollery, Stratton, 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:
Documents entitled: Climate Change Plan for Canada. —Sessional Paper No. 2/37-202.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Milne presented the following:
THURSDAY, November 21, 2002
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its
FOURTH REPORT
1. Pursuant to its authority under Rule 86(1)(f)(iii), your Committee is pleased to report as follows:
2. On October 23, 2002, Senator Lowell Murray, P.C., raised a question of privilege in the Senate regarding the announced intention of the Standing Committee on Social Affairs, Science and Technology to deposit a report with the Clerk of the Senate on Friday October 25, rather than tabling it on a day when the Senate was sitting. The Speaker pro tempore made her ruling on October 24, in which she stated that there was no prima facie question of privilege because the Senate had granted permission to the Committee to deposit any report with the Clerk without qualification.
3. Senator Michael Kirby, the Chair of the Committee, in responding to Senator Murray's question of privilege on October 23, suggested that there were a number of issues related to the practice of depositing committee reports with the Clerk that needed clarification and that it would be useful to have the matter studied by the Standing Committee on Rules, Privileges and the Rights of Parliament.
4. Your Committee considered this matter at meetings on Tuesday, November 5, 2002, Wednesday, November 6, and Tuesday, November 19, during which, various concerns, issues and considerations were canvassed.
5. Your Committee notes that there are two ways to get a report before the Senate: presentation and tabling. Reports that are presented to the Senate — where the Senate is required to take a further decision in respect of the report, such as bills, committee budgets or requests from committees for certain powers — should never be deposited with the Clerk, but should always be provided to the Senate during a sitting. On the other hand, reports that are tabled — essentially reports for the information of the Senate, which would include substantive reports on special studies — can, in exceptional cases, be authorized to be deposited with the Clerk.
6. The general principle is that committee reports must be provided to the Senate before they can be released to the public and media, or otherwise made available. This is based primarily on the pre-eminent right of the Senate to have reports of its committees tabled or presented and made available first to its members prior to being released to the general public. At the same time, it is in the interest of the Senate that the important work of its committees gets the widest public exposure, and, in this regard, committees have been required for several years to develop communications strategies in connection with their studies and reports. The usual right of the Senate to receive reports first and the demands of publicizing committee reports are not mutually exclusive, although, on occasion, they may need to be reconciled. The authority to deposit reports may also be useful during lengthy adjournments in the summer and winter or in anticipation of a prorogation or dissolution of Parliament, to ensure that the work of the committee is not lost or unduly delayed.
7. Your Committee makes the following recommendations:
That since the authority to deposit a committee report with the Clerk can only be granted by the Senate, in determining whether to agree to such an authorization, all Senators should be made aware that they are waiving their right to have the report tabled first in the Chamber, and should, accordingly, consider such motions carefully.
That in developing communications strategies for the release of committee reports, all committees must take into account that reports should first be tabled in the Senate before being released to the media, unless there are compelling reasons to do otherwise.
That motions authorizing the deposit of a report with the Clerk should not be made as part of a general order of reference to a committee, but, rather, the motion authorizing such deposition should be moved as close to the reporting date as possible, by which time the sitting schedule of the Senate is more likely to be known and a communications strategy will have been developed.
That, in proposing such a motion, the Chair of a Senate committee has the responsibility to advance compelling reasons and arguments as to why the Senate should depart from the requirement for the tabling of a committee report in the usual way.
That, in any event, when authority is given to a committee to deposit a report with the Clerk, it is incumbent upon the Chair, in consultation with members of the steering committee and staff, that they be required to ensure that all Senators are provided with advance notice of the impending tabling; copies of the report are released immediately upon its being deposited; and information on the report is made available at the earliest opportunity — by means of electronic distribution, briefings, and so forth.
Respectfully submitted,
LORNA MILNE
Chair
The Honourable Senator Milne moved, seconded by the Honourable Senator Pearson, 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 LeBreton, Vice-Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Fourth Report (Bill C-12, An Act to promote physical activity and sport) without amendment.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Cook, 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.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Robichaud, P.C., tabled the following:
Reply to Question No. 4, dated October 23, 2002, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the flags displayed during visits from Her Majesty, The Queen.—Sessional Paper No. 2/37- 203S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-14, An Act providing for controls on the export, import or transit across Canada of rough diamonds and for a certification scheme for the export of rough diamonds in order to meet Canada's obligations under the Kimberley Process.
The Honourable Senator Sibbeston moved, seconded by the Honourable Senator Milne, that the Bill be read the second time.
After debate,
The Honourable Senator Bolduc 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.
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 Joyal, P.C., moved, seconded by the Honourable Senator Fairbairn, 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 BUSINESS
Senate Public Bills
Orders No. 1 to 6 were called and postponed until the next sitting.
Commons Public Bills
Second reading of Bill C-300, An Act to change the names of certain electoral districts.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Milne, that the Bill be read the second time.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Milne, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the Third Report of the Standing Committee on Rules, Procedures and the Rights of Parliament (study of motion authorizing the National Security and Defence Committee to travel) presented in the Senate on November 20, 2002.
The Honourable Senator Milne moved, seconded by the Honourable Senator Rompkey, P.C., that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Order No. 3 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 Grafstein moved, seconded by the Honourable Senator Joyal, P.C.:
That the following resolution, encapsulating the 2002 Berlin OSCE (PA) Resolution, be referred to the Standing Senate Committee on Foreign Affairs for consideration and report before June 30, 2003:
WHEREAS Canada is a founding member State of the Organization for Security and Economic Co-operation in Europe (OSCE) and the 1975 Helsinki Accords;
WHEREAS all the participating member States to the Helsinki Accords affirmed respect for the right of persons belonging to national minorities to equality before the law and the full opportunity for the enjoyment of human rights and fundamental freedoms and further that the participating member States recognized that such respect was an essential factor for the peace, justice and well-being necessary to ensure the development of friendly relations and co-operation between themselves and among all member States;
WHEREAS the OSCE condemned anti-Semitism in the 1990 Copenhagen Concluding Document and undertook to take effective measures to protect individuals from anti-Semitic violence;
WHEREAS the 1996 Lisbon Concluding Document of the OSCE called for improved implementation of all commitments in the human dimension, in particular with respect to human rights and fundamental freedoms and urged participating member States to address the acute problem of anti-Semitism;
WHEREAS the 1999 Charter for European Security committed Canada and other participating members States to counter violations of human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief and manifestations of intolerance, aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism;
WHEREAS on July 8, 2002, at its Parliamentary Assembly held at the Reichstag in Berlin, Germany, the OSCE passed a unanimous resolution, as appended, condemning the current anti-Semitic violence throughout the OSCE space;
WHEREAS the 2002 Berlin Resolution urged all member States to make public statements recognizing violence against Jews and Jewish cultural properties as anti-Semitic and to issue strong, public declarations condemning the depredations;
WHEREAS the 2002 Berlin Resolution called on all participating member States to combat anti-Semitism by ensuring aggressive law enforcement by local and national authorities;
WHEREAS the 2002 Berlin Resolution urged participating members States to bolster the importance of combating anti-Semitism by exploring effective measures to prevent anti-Semitism and by ensuring that laws, regulations, practices and policies conform with relevant OSCE commitments on anti-Semitism;
WHEREAS the 2002 Berlin Resolution also encouraged all delegates to the Parliamentary Assembly to vocally and unconditionally condemn manifestations of anti-Semitic violence in their respective countries;
WHEREAS the alarming rise in anti-Semitic incidents and violence has been documented in Canada, as well as Europe and worldwide.
Appendix
RESOLUTION ON ANTI-SEMITIC VIOLENCE
IN THE OSCE REGION
Berlin, 6 - 10 July 2002
1. Recalling that the OSCE was among those organizations which publicly achieved international condemnation of anti-Semitism through the crafting of the 1990 Copenhagen Concluding Document;
2. Noting that all participating States, as stated in the Copenhagen Concluding Document, commit to ``unequivocally condemn'' anti-Semitism and take effective measures to protect individuals from anti-Semitic violence;
3. Remembering the 1996 Lisbon Concluding Document, which highlights the OSCE's ``comprehensive approach'' to security, calls for ``improvement in the implementation of all commitments in the human dimension, in particular with respect to human rights and fundamental freedoms'', and urges participating States to address ``acute problems'', such as anti-Semitism;
4. Reaffirming the 1999 Charter for European Security, committing participating States to ``counter such threats to security as violations of human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief and manifestations of intolerance, aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism'';
5. Recognizing that the scourge of anti-Semitism is not unique to any one country, and calls for steadfast perseverance by all participating States;
The OSCE Parliamentary Assembly:
6. Unequivocally condemns the alarming escalation of anti-Semitic violence throughout the OSCE region;
7. Voices deep concern over the recent escalation in anti-Semitic violence, as individuals of the Judaic faith and Jewish cultural properties have suffered attacks in many OSCE participating States;
8. Urges those States which undertake to return confiscated properties to rightful owners, or to provide alternative compensation to such owners, to ensure that their property restitution and compensation programmes are implemented in a non-discriminatory manner and according to the rule of law;
9. Recognizes the commendable efforts of many post-communist States to redress injustices inflicted by previous regimes based on religious heritage, considering that the interests of justice dictate that more work remains to be done in this regard, particularly with regard to individual and community property restitution compensation;
10. Recognizes the danger of anti-Semitic violence to European security, especially in light of the trend of increasing violence and attacks regions wide;
11. Declares that violence against Jews and other manifestations of intolerance will never be justified by international developments or political issues, and that it obstructs democracy, pluralism, and peace;
12. Urges all States to make public statements recognizing violence against Jews and Jewish cultural properties as anti-Semitic, as well as to issue strong, public declarations condemning the depredations;
13. Calls upon participating States to ensure aggressive law enforcement by local and national authorities, including thorough investigation of anti-Semitic criminal acts, apprehension of perpetrators, initiation of appropriate criminal prosecutions and judicial proceedings;
14. Urges participating States to bolster the importance of combating anti-Semitism by holding a follow-up seminar or human dimension meeting that explores effective measures to prevent anti-Semitism, and to ensure that their laws, regulations, practices and policies conform with relevant OSCE commitments on anti- Semitism; and
15. Encourages all delegates to the Parliamentary Assembly to vocally and unconditionally condemn manifestations of anti-Semitic violence in their respective countries and at all regional and international forums.
After debate,
The Honourable Senator Stratton for the Honourable Senator Spivak 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.
The Honourable Senator Kinsella for the Honourable Senator Meighen moved, seconded by the Honourable Senator Stratton:
That the Standing Senate Committee on National Security and Defence be authorized to examine and report on the proposal of the Valiants Group for the erection of statues in downtown Ottawa to salute the heroic wartime sacrifice of certain valiant men and women who fought victoriously for the independence of Canada during the 17th, 18th, 19th and 20th centuries, and helped mightily to establish Canada's nationhood; and
That the Committee report no later than January 31, 2003.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Keon:
That the Standing Senate Committee on National Finance 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 Stollery moved, seconded by the Honourable Senator Adams:
That the Standing Senate Committee on Foreign Affairs be authorized to examine and report on the Canada — United States of America trade relationship and on the Canada — Mexico trade relationship, with special attention to: (a) the Free Trade Agreement of 1988; (b) the North American Free Trade Agreement of 1992; (c) secure access for Canadian goods and services to the United States and to Mexico, and (d) the development of effective dispute settlement mechanisms, all in the context of Canada's economic links with the countries of the Americas and the Doha Round of World Trade Organisation trade negotiations;
That the Committee have power to engage such counsel and technical, clerical and other personnel as may be necessary for the performance of this order of reference;
That the Committee have power to adjourn from place to place inside and outside Canada for the purpose of this reference; and
That the Committee shall present its final report no later than December 19, 2003, and that the Committee shall retain all powers necessary to publicize the findings of the Committee as set forth in its final report until January 31, 2004.
After debate,
With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:
That the Standing Senate Committee on Foreign Affairs be authorized to examine and report on the Canada — United States of America trade relationship and on the Canada — Mexico trade relationship, with special attention to: (a) the Free Trade Agreement of 1988; (b) the North American Free Trade Agreement of 1992; (c) secure access for Canadian goods and services to the United States and to Mexico, and (d) the development of effective dispute settlement mechanisms, all in the context of Canada's economic links with the countries of the Americas and the Doha Round of World Trade Organisation trade negotiations; and
That the Committee shall present its final report no later than December 19, 2003, and that the Committee shall retain all powers necessary to publicize the findings of the Committee as set forth in its final report until January 31, 2004.
The question being put on the motion, as modified, it was adopted.
The Honourable Senator Fraser for the Honourable Senator Maheu moved, seconded by the Honourable Senator Murray, P.C.:
That the Senate Standing Committee on Human Rights be authorized to examine and report upon Canada's possible adherence to the American Convention on Human Rights;
That the documents and evidence received by the Committee during its consideration of these same matters in the First Session of the Thirty-seventh Parliament be referred to the Committee; and
That the Committee table its final report no later than June 27, 2003.
The question being put on the motion, it was adopted.
______________________________________________________
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 Fairbairn, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday next, November 26, 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):
Response of the government to the 12th Report of the Standing Joint Committee on Official Languages entitled ``The Justice System and Official Languages Communities'' (Session Paper No. 1/37-837S), deposited with the Clerk of the Senate on June 17, 2002.—Sessional Paper No. 2/37-200S.
Statutes of the Northwest Territories for July 2002, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N-27, sbs. 21(1). —Sessional Paper No. 2/37-201.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:15 p.m. the Senate was continued until Tuesday next, November 26, 2002, at 2:00 p.m.)
______________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Nolin (November 20).
The name of the Honourable Senator Corbin substituted for that of the Honourable Senator Jaffer (November 21).
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Kinsella and Mahovlich substituted for those of the Honourable Senators Murray and Cordy (November 20).
The names of the Honourable Senators Cordy, Mahovlich and Murray substituted for those of the Honourable Senators Mahovlich, Morin and Di Nino (November 21).
Standing Joint Committee for the Scrutiny of Regulations
The names of the Honourable Senators Joyal and Maheu substituted for those of the Honourable Senators Biron and Moore (November 21).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Hubley and Christensen substituted for those of the Honourable Senators Poulin and Hervieux-Payette (November 21).