51 Elizabeth II, A.D. 2002, Canada

Journals of the Senate

2nd Session, 37th Parliament

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Issue 26

Thursday, December 5, 2002
1:30 p.m.

The Honourable Daniel Hays, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Hays, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Prud'homme, Rivest, Robichaud, Rompkey, Rossiter, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Wiebe

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, *Grafstein, Graham, Gustafson, Hays, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Prud'homme, Rivest, Robichaud, Rompkey, Rossiter, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Wiebe

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Bacon presented the following:

THURSDAY, December 5, 2002

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

FIFTH REPORT

Your Committee recommends that the following funds be released for fiscal year 2002-2003.

Aboriginal Peoples (Legislation)

Professional and Other Services	$ 4,000
Transportation and Communications	$ 300
Other Expenditures	$ 700
Total	$ 5,000

Banking, Trade and Commerce (Legislation)

Professional and Other Services	$ 11,500
Transportation and Communications	$ 1,000
Other Expenditures	$ 2,500
Total	$ 15,000

Energy, the Environment, and Natural Resources (Legislation)

Professional and Other Services	$ 10,000
Transportation and Communications	$ 500
Other Expenditures	$ 1,000
Total	$ 11,500

Internal Economy, Budgets and Administration

Professional and Other Services	$ 3,000
Transportation and Communications	$ 0
Other Expenditures	$ 0
Total	$ 3,000

National Finance (Legislation)

Professional and Other Services	$ 3,000
Transportation and Communications	$ 0
Other Expenditures	$ 0
Total	$ 3,000

Rules, Procedure and the Rights of Parliament

Professional and Other Services	$ 7,400
Transportation and Communications	$ 0
Other Expenditures	$ 0
Total	$ 7,400

Social Affairs, Science and Technology (Legislation)

Professional and Other Services	$ 2,500
Transportation and Communications	$ 0
Other Expenditures	$ 0
Total	$ 2,500

Transport and Communications (Legislation)

Professional and Other Services	$ 10,000
Transportation and Communications	$ 0
Other Expenditures	$ 0
Total	$ 10,000

Respectfully submitted,

LISE BACON

Chair

With leave of the Senate,

The Honourable Senator Bacon moved, seconded by the Honourable Senator Wiebe, that the Report be placed on the Orders of the Day for consideration later this day.

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

The Honourable Senator Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Fourth Report (budget—study on emerging issues related to its mandate—power to travel and hire staff).

(The Report is printed as Appendix "A'' at pages 315-322 (available in print format PDF))

The Honourable Senator Banks moved, seconded by the Honourable Senator Ferretti Barth, 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 Oliver, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Second Report (budget—study on climate change—power to travel and hire staff).

(The Report is printed as Appendix "B'' at pages 323-330 (available in print format PDF))

The Honourable Senator Oliver moved, seconded by the Honourable Senator Gustafson, 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 Fraser, Chair of the Standing Senate Committee on Transport and Communications, presented its Second Report (budget—study on issues facing the intercity busing industry—power to hire staff).

(The Report is printed as Appendix "C'' at pages 331-336 (available in print format PDF))

The Honourable Senator Fraser moved, seconded by the Honourable Senator Gauthier, 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 Stollery, Chair of the Standing Senate Committee on Foreign Affairs, presented its Second Report (budget—study on Canada-United States and Canada-Mexico trade relationships—power to travel and hire staff).

(The Report is printed as Appendix "D'' at pages 337-344 (available in print format PDF))

The Honourable Senator Stollery moved, seconded by the Honourable Senator Smith, P.C., 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 Kirby, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Fifth Report (Bill C-11, An Act to amend the Copyright Act) without amendment.

The Honourable Senator Day moved, seconded by the Honourable Senator Phalen, 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.

The Honourable Senator Kenny, Chair of the Standing Senate Committee on National Security and Defence, presented its Third Report (budget—study on the need for a national security policy for Canada—power to travel and hire staff).

(The Report is printed as Appendix "E'' at pages 345-358 (available in print format PDF))

The Honourable Senator Kenny moved, seconded by the Honourable Senator Losier-Cool, 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.

Notices of Motions

With leave of the Senate,

The Honourable Senator Kenny moved, seconded by the Honourable Senator Maheu:

That the Standing Senate Committee on National Security and Defence have power to sit on Monday next, December 9, 2002, 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.

A Point of Order was raised with respect to the order of reference of the Standing Senate Committee on Legal and Constitutional Affairs.

After debate,

The Speaker reserved his decision.

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With leave,

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

The Honourable Senator Chalifoux, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its Second Report (budget—study of issues affecting urban Aboriginal youth—power to travel and hire staff).

(The Report is printed as Appendix "F'' at pages 359-364.)

The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Sibbeston, 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

Bills

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

Third 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 Christensen, that the Bill be read the third time.

After debate,

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

The Bill was then read the third time and passed.

Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.

Third reading of Bill C-5, An Act respecting the protection of wildlife species at risk in Canada.

The Honourable Senator Banks moved, seconded by the Honourable Senator Corbin, that the Bill be read the third time.

After debate,

The Honourable Senator Kinsella for the Honourable Senator Spivak moved, seconded by the Honourable Senator Stratton, 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 Carstairs, P.C., seconded by the Honourable Senator Banks:

That the Senate call on the government to ratify the Kyoto Protocol on Climate Change,

And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Murray, P.C., that the motion be amended by substituting for the period after the word "Change'' the following:

", but only if, after the Senate has heard in Committee of the Whole from all federal, provincial and territorial government representatives who wish to appear, the Senate determines that there is a substantial measure of federal-provincial agreement on an implementation plan.''

After debate,

The Honourable Senator Stratton for the Honourable Senator Spivak moved, seconded by the Honourable Senator Kinsella, that further debate on the motion in amendment be adjourned until the next sitting.

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

Order No. 2 was called and postponed until the next sitting.

Order No. 3 was withdrawn (Notice of Motion, pursuant to Rule 39, concerning Bill C-10A).

Reports of Committees

Consideration of the Second Report of the Standing Senate Committee on National Finance (supplementary Estimates (A) 2002-03) presented in the Senate on December 4, 2002.

The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Kinsella, that the Report be adopted.

After debate,

The Honourable Senator Cools moved, seconded by the Honourable Senator Day, 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 4 were called and postponed until the next sitting.

Second reading of Bill S-6, An Act to assist in the prevention of wrongdoing in the Public Service by establishing a framework for education on ethical practices in the workplace, for dealing with allegations of wrongdoing and for protecting whistleblowers.

The Honourable Senator Kinsella moved, seconded by the Honourable Senator Murray, P.C., that the Bill be read the second time.

After debate,

The Honourable Senator Kinsella moved, seconded by the Honourable Senator Murray, P.C., 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 S-4, An Act to provide for increased transparency and objectivity in the selection of suitable individuals to be named to certain high public positions.

The Honourable Senator Stratton moved, seconded by the Honourable Senator Murray, P.C., that the Bill be read the second time.

After debate,

The Honourable Senator Stratton for the Honourable Senator Kinsella moved, seconded by the Honourable Senator Lynch-Staunton, that further debate on the motion be adjourned until the next sitting.

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

Commons Public Bills

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

Reports of Committees

Orders No. 1 to 3 were called and postponed until the next sitting.

Consideration of the First Report of the Standing Joint Committee for the Scrutiny of Regulations (permanent order of reference and expenses re Rule 104) presented in the Senate on November 26, 2002.

The Honourable Senator Smith, P.C., for the Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Day, that the Report be adopted.

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

Consideration of the Fourth Report of the Standing Committee on Internal Economy, Budgets and Administration (CRTC decision re CPAC's licence renewal application) presented in the Senate on December 3, 2002.

Debate concluded.

Order No. 6 was called and postponed until the next sitting.

Consideration of the Sixth Report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendment to Rule 86(1)(o)—Fisheries Committee) presented in the Senate on December 4, 2002.

The Honourable Senator Milne moved, seconded by the Honourable Senator Joyal, P.C., that the Report be adopted.

After debate,

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

Consideration of the Fifth Report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of certain Committees) presented earlier this day.

The Honourable Senator Bacon moved, seconded by the Honourable Senator Joyal, P.C., that the Report be adopted.

After debate,

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

Other

Resuming debate on the motion, as modified, of the Honourable Senator Gauthier, 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;

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 Banks, that further debate on the motion, as modified, be adjourned until the next sitting.

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

Resuming debate on the motion, as modified, of the Honourable Senator Losier-Cool, seconded by the Honourable Senator Wiebe:

That the Senate Standing 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,

With leave of the Senate, the Order was discharged and the motion withdrawn.

Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Gauthier:

That 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 Stratton 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.

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 Grafstein, seconded by the Honourable Senator Kirby:

That the Senate urge the Government of Canada to establish September 11 of this and every year hereafter as a commemorative day throughout Canada, to be known as "America Day in Canada.''

After debate,

The Honourable Senator Robichaud, P.C., for the Honourable Senator Smith, P.C., 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.

MESSAGE FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons with a Bill C-21, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2003, to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Day moved, seconded by the Honourable Senator De Bané, P.C., 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.

Other

Orders No. 2 (inquiry) and 7 (motion) were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Day for the Honourable Senator Kenny moved, seconded by the Honourable Senator Banks:

That the Standing Senate Committee on National Security and Defence be empowered, in accordance with Rule 95(3), to hold meetings between Monday, January 6, and Friday, January 10, 2003.

After debate,

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

The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Joyal, P.C.:

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, and of regulations and directives made thereunder, within those institutions subject to the Act, as well as upon the reports of the Commissioner of Official Languages, the President of the Treasury Board and the Minister of Canadian Heritage.

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

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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 Joyal, P.C.:

That when the Senate adjourns today, it do stand adjourned until Monday next, December 9, 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 review of Canada's student financial assistance programs for the loan year 1999-2000, pursuant to the Canada Student Financial Assistance Act, S.C. 1994, c. 28, s. 20. —Sessional Paper No. 2/37-217.

Report of the review of Canada's student financial assistance programs for the loan year 2000-01, pursuant to the Canada Student Financial Assistance Act, S.C. 1994, c. 28, s. 20. —Sessional Paper No. 2/37-218.

Report of the operations under the Fisheries Development Act for the fiscal year ended March 31, 2002, pursuant to the Act, R.S.C. 1985, c. F-21, s. 10.—Sessional Paper No. 2/37-219.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 6:14 p.m. the Senate was continued until Monday, December 9, 2002, at 2:00 p.m.)

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

Standing Senate Committee on Banking, Trade and Commerce

The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Angus (December 4).

Standing Senate Committee on Social Affairs, Science and Technology

The names of the Honourable Senators Day and Losier-Cool substituted for those of the Honourable Senators Cordy and Fairbairn (December 5).

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