51 Elizabeth II, A.D. 2002, Canada

Journals of the Senate

2nd Session, 37th Parliament

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Issue 23

Thursday, November 28, 2002
1:30 p.m.

The Honourable Daniel Hays, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Hays, Joyal, Kelleher, Kenny, Kinsella, Kolber, LaPierre, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Nolin, Oliver, Pearson, Phalen, Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, 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, Carstairs, Christensen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, *Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Hays, *Jaffer, Joyal, Kelleher, Kenny, Kinsella, Kolber, LaPierre, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Nolin, Oliver, Pearson, Phalen, Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, 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:

Final Report of Commissioner Roy J. Romanow, of the Commission on the Future of Health Care in Canada, entitled: Building on Values: The Future of Health Care in Canada. —Sessional Paper No. 2/37-212.

Document entitled: Kyoto Protocol to the United Nations Framework Convention on Climate Change.—Sessional Paper No. 2/37-213.

Document entitled: United Nations Framework Convention on Climate Change, United Nations 1992.—Sessional Paper No. 2/37-214.

Document entitled: Provincial and Territorial Statement on Climate Change Policy, Halifax, October 28, 2002.—Sessional Paper No. 2/37-215.

Documents entitled: Climate Change Plan for Canada. —Sessional Paper No. 2/37-202.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

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,

With leave of the Senate,

In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator Atkins, that the Bill be not now read a third time but that it be amended,

(a) on page 13, by adding after line 10, the following:

"32. The Centre is deemed to be a government institution as that term is defined in section 3 of the Access to Information Act and section 3 of the Privacy Act for the purposes of those Acts.'';

(b) on page 15,

(i) by adding before the heading "Department of Canadian Heritage'' before line 17, the following:

"Access to Information Act

37. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading "Other Government Institutions'':

Sport Dispute Resolution Centre of Canada
Centre de règlement des différends sportifs du Canada'',

(ii) by adding after line 21, the following:

"Privacy Act

39. Schedule I to the Privacy Act is amended by adding the following in alphabetical order under the heading "Other Government Institutions'':

Sport Dispute Resolution Centre of Canada
Centre de règlement des différends sportifs du Canada'' ; and

(c) by renumbering clauses 32 to 40 and any cross-references thereto accordingly.

After debate,

With leave of the Senate,

In amendment, the Honourable Senator Roche moved, seconded by the Honourable Senator Murray, P.C., that the Bill be not now read a third time but that it be amended in clause 35,

(a) on page 14, by deleting the heading before line 23 and lines 23 to 46;

(b) on page 15, by deleting lines 1 to 7; and

(c) by renumbering clauses 36 to 40 as clauses 35 to 39 and any cross-references thereto accordingly.

After debate,

With leave of the Senate,

In amendment, the Honourable Senator Gauthier moved, seconded by the Honourable Senator LaPierre, that the Bill be not now read a third time but that it be amended in the Preamble, on page 1, by replacing lines 5 to 8 with the following:

"social cohesion, linguistic duality, economic activity, cultural diversity and quality of life;''.

After debate,

With leave of the Senate,

In amendment, the Honourable Senator Bolduc moved, seconded by the Honourable Senator Nolin, that the Bill be not now read a third time but that it be amended, in clause 28, on page 10, by replacing lines 34 to 38 with the following:

"Auditor General of Canada

28. (1) The accounts and financial transactions of the Centre are subject to examination and audit by the Auditor General of Canada.

(2) The Auditor General of Canada shall annually

(a) audit and provide an opinion on the financial statements of the Centre; and

(b) provide a report to the Chairperson and to the Minister on the audit and opinion.

(3) The Minister shall cause a copy of the Auditor General's 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 Gauthier moved, seconded by the Honourable Senator Fraser, that further debate on the motions in amendment be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Motions

Orders No. 1 and 2 were called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Order No. 1 was called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Forrestall, seconded by the Honourable Senator LeBreton, for the second reading of Bill S-7, An Act to protect heritage lighthouses.

After debate,

The Honourable Senator Robichaud, P.C., for the Honourable Senator Callbeck moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

With leave,

The Senate reverted to Presentation of Reports From Standing or Special Committees.

The Honourable Senator Beaudoin presented the following:

THURSDAY, November 28, 2002

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

SECOND REPORT

Your Committee, to which was referred Bill C-10, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, and to which instructions were given to divide Bill C-10 into two bills, has, in obedience to both orders of reference, examined the said bill and now reports that it has divided the bill into two bills, Bill C-10A, An Act to amend the Criminal Code (firearms) and the Firearms Act, and Bill C-10B, An Act to amend the Criminal Code (cruelty to animals), both of which are set out in Appendices A and B respectively to this report.

Your Committee has agreed to report Bill C-10A without amendment, and further reports that it is continuing its examination of Bill C-10B.

Respectfully submitted,

GÉRALD-A. BEAUDOIN

Deputy Chair

(Appendices A and B to the Report are appended at pages 234-263.)

With leave of the Senate,

The Honourable Senator Beaudoin moved, seconded by the Honourable Senator Bolduc, that the Report be adopted now.

After debate,

The Honourable Senator Cools moved, seconded by the Honourable Senator Watt, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was negatived on division.

The Senate resumed debate on the motion of the Honourable Senator Beaudoin, seconded by the Honourable Senator Bolduc, for the adoption of the Second Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-10, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, as divided).

After debate,

The question being put on the motion, it was adopted on division.

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that Bill C-10A, An Act to amend the Criminal Code (firearms) and the Firearms Act, 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.

ORDERS OF THE DAY

OTHER BUSINESS

Senate Public Bills

Orders No. 3 to 6 were called and postponed until the next sitting.

Commons Public Bills

Order No. 1 was called and postponed until the next sitting.

Reports of Committees

Consideration of the Fourth Report of the Standing Committee on Rules, Procedures and the Rights of Parliament (depositing committee reports) presented in the Senate on November 21, 2002.

The Honourable Senator Milne moved, seconded by the Honourable Senator Finnerty, that the Report be adopted.

After debate,

The Honourable Senator Corbin moved, seconded by the Honourable Senator Ferretti Barth, 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 4 were called and postponed until the next sitting.

Other

Orders No. 66 (motion), 6, 4 (inquiries), 4 (motion) and 3 (inquiry) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Corbin, seconded by the Honourable Senator Banks:

That the Commissioner of the Royal Canadian Mounted Police and the Chief of the Ottawa Police Service do take care that during this Session of Parliament streets and roads leading to the Senate precincts be kept free and open and that no obstruction be permitted to hinder the passage of Senators to and from the precincts of this House; and

That the Clerk of the Senate do communicate this order to the Commissioner of the Royal Canadian Mounted Police and the Chief of the Ottawa Police Service.

After debate,

The question being put on the motion, it was adopted.

Order No. 5 (motion) was called and postponed until the next sitting.

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Kinsella:

That, pursuant to Rule 38, in relation to Bill C-10A, An Act to amend the Criminal Code (firearms) and the Firearms Act, no later than 5:30 p.m. on Tuesday, December 3, 2002, any proceedings before the Senate shall be interrupted and all questions necessary to dispose of third reading of the Bill shall be put forthwith without further debate or amendment, and that any votes on any of those questions be not further deferred; and

That, if a standing vote is requested, the bells to call in the Senators be sounded for thirty minutes, so that the vote takes place at 6:00 p.m.

The question being put on the motion, it was adopted.

Other

Orders No. 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 report entitled Environmental Scan: Access to Justice in Both Official Languages, revised on July 25, 2002, and commissioned by the Department of Justice of Canada, be referred to the Standing Senate Committee on Official Languages for study and report; and

That the Committee review the issue of clarifying the access and exercise of language rights with respect to the Divorce Act, the Bankruptcy Act, the Criminal Code, the Contraventions Act and other appropriate acts as applicable.

After debate,

With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:

That the report entitled Environmental Scan: Access to Justice in Both Official Languages, revised on July 25, 2002, and commissioned by the Department of Justice of Canada, be referred to the Standing Senate Committee on Official Languages for study and report;

That the Committee review the issue of clarifying the access and exercise of language rights with respect to the Divorce Act, the Bankruptcy Act, the Criminal Code, the Contraventions Act and other appropriate acts as applicable; and

That the Committee report no later than May 31, 2003.

After debate,

The Honourable Senator Corbin moved, seconded by the Honourable Senator Ferretti Barth, that further debate on the motion, as modified, be adjourned until the next sitting.

The question being put on the motion, it was adopted.

The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Wiebe:

That the Standing Senate Committee on Official Languages be authorized to study and report upon the budget estimates and annual report of the Office of the Commissioner of Official Languages, as well as on the annual reports of the Treasury Board and of Canadian Heritage as to their obligations under the Official Languages Act;

That the Committee table its final report no later than March 31, 2003.

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 Official Languages be authorized to study and report from time to time upon the operation of the Official Languages Act in Canada in general and in the federal public service in particular;

That the Committee table its final report no later than March 31, 2004.

After debate,

The Honourable Senator Corbin moved, seconded by the Honourable Senator Ferretti Barth, that further debate on the motion, as modified, be adjourned until the next sitting.

The question being put on the motion, it was adopted.

The Honourable Senator Fraser for the Honourable Senator Day moved, seconded by the Honourable Senator Gauthier:

That the the Standing Senate Committee on Transport and Communications be authorized to examine and report on the current state of Canadian media industries; emerging trends and developments in these industries; the media's role, rights, and responsibilities in Canadian society; and current and appropriate future policies relating thereto; and

That the Committee submit its final report to the Senate no later than Wednesday, March 31, 2004.

After debate,

The Honourable Senator Kinsella moved, seconded by the Honourable Senator Atkins, 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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With leave of the Senate,

The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Wiebe:

That the Standing Senate Committee on Official Languages be authorized to sit on Monday, December 2, 2002, to hear from the Commissioner of Official Languages.

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 Rompkey, P.C.:

That when the Senate adjourns today, it do stand adjourned until Tuesday next, December 3, 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 of the Parks Canada Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2002, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 34(1).—Sessional Paper No. 2/37-211.

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 5:13 p.m. the Senate was continued until Tuesday, December 3, 2002, at 2:00 p.m.)

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Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Legal and Constitutional Affairs

The names of the Honourable Senators Nolin, Hubley and Fairbairn substituted for those of the Honourable Senators Stratton, Bryden and Corbin (November 27).

The names of the Honourable Senators Bryden, Corbin Mahovlich, Stratton and Rompkey substituted for those of the Honourable Senators Hubley, Fairbairn, Maheu, Buchanan and Mahovlich (November 28).

Standing Committee on Rules, Procedures and the Rights of Parliament

The name of the Honourable Senator Bacon substituted for that of the Honourable Senator Losier-Cool (November 27).

Standing Senate Committee on Foreign Affairs

The name of the Honourable Senator Day substituted for that of the Honourable Senator Austin (November 27).

The name of the Honourable Senator Austin substituted for that of the Honourable Senator Day (November 28).

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Di Nino substituted for that of the Honourable Senator Murray (November 27).

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Chalifoux (November 28).

Standing Senate Committee on Banking, Trade and Commerce

The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Fitzpatrick (November 28).

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Cordy added to the membership (November 28).

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