Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 22
Wednesday, November 27, 2002
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Doody, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Hubley, Joyal, Kelleher, Kenny, Keon, Kinsella, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Nolin, Oliver, Pearson, Phalen, Pitfield, Poy, Prud'homme, 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, Atkins, *Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, *Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Hubley, *Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Nolin, Oliver, Pearson, Phalen, Pitfield, Poy, Prud'homme, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ORDERS OF THE DAY
SPEAKER'S RULING
I would like to rule on the point of order named by Senator Kinsella yesterday concerning the motion of Senator Robichaud, P.C. "that the Senate call on the government to ratify the Kyoto Protocol on Climate Change''. Senator Kinsella questioned whether it is appropriate that it be placed under "Government Business'' on our Order Paper.
It is my view that it is within the sole discretion of the Government to determine what is Government Business.
In the other place — Government Business — is defined as any bill or motion introduced in that House by a Minister or Parliamentary Secretary. This definition comes from a Glossary of parliamentary terms prepared under the authority of the other place.
Furthermore, according to Beauchesne's 6th edition, c. 372, "A Government Order is, as the name implies, an Order of the House for the consideration of business proposed by the Government for debate and possible decisions. The normal vehicle is a Government Bill or Motion... After notice, a Government notice of motion is placed on the Order Paper as an Order of the Day under Government Orders''.
In the Senate, our practices are very much the same. Once the Leader or the Deputy of the Government gives oral notice under "Government Notices of Motion'', the item is then placed under the appropriate heading of Government Business and can be called for debate at the discretion of the government in accordance with Rule 27(1) once the required notice has lapsed.
In the Senate — the representatives of the Government are the Leader and the Deputy Leader of the Government.
Last Thursday, November 21, the Deputy Leader gave notice of this motion under Government Notices of Motions. This provides sufficient evidence for me to determine that the Government is the sponsor of this motion.
As to the form of the motion, here again, I believe that the Government has some discretion. That is to say — it need not be in the form of an Address, as was suggested yesterday. In fact, this is not without precedent. In 1966, a similar kind of motion was debated in both Houses of Parliament with respect to the Auto Pact.
It is my ruling, therefore, that there is no point of order.
GOVERNMENT BUSINESS
Motions
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Banks:
That the Senate call on the government to ratify the Kyoto Protocol on Climate Change.
After debate,
The Honourable Senator Lynch-Staunton 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.
Bills
Resuming debate on the motion of the Honourable Senator Mahovlich, seconded by the Honourable Senator Poy, for the third reading of Bill C-12, An Act to promote physical activity and sport,
And on the motion in amendment of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Oliver, that the Bill be not now read a third time but that it be amended,
(a) in clause 32, on page 13, by adding after line 27 the following:
"(4) The Minister shall cause a copy of the corporate plan to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the plan.''; and
(b) in clause 33, on page 14, by adding after line 11 the following:
"(5) The Minister shall cause a copy of the annual report to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.''.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the motion in amendment 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,
And on the motion in amendment of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Losier-Cool, that the motion be amended by adding the following:
"That the Committee, in conjunction with this review, also take into consideration at the same time the code of conduct in use in the United Kingdom Parliament at Westminster, and consider rules that might embody standards appropriate for appointed members of a House of Parliament who can only be removed for cause; and
That the Committee make recommendations, if required, for the adoption and implementation of a code of conduct for Senators, and concerning such resources as may be needed to administer it, including consequential changes to statute law that may be appropriate.''
After debate,
The Honourable Senator Kinsella for the Honourable Senator Beaudoin moved, seconded by the Honourable Senator Bolduc that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
___________________________________________________________
Ordered, That all remaining Orders be postponed until the next sitting.
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 3:28 p.m. the Senate was continued until 1:30 p.m. tomorrow)
___________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Human Rights
The name of the Honourable Senator LaPierre substituted for that of the Honourable Senator Hubley (November 20).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator LaPierre substituted for that of the Honourable Senator Setlakwe (November 20).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Meighen and Fitzpatrick substituted for those of the Honourable Senators Oliver and Day (November 26).
Standing Senate Committee on Official Languages
The name of the Honourable Senator Corbin added to the membership (November 26).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Corbin, Maheu and Nolin substituted for those of the Honourable Senators Jaffer, Furey and Stratton (November 27).