Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 28
Tuesday, December 10, 2002
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Hays, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lapointe, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poy, Prud'homme, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Hays, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lapointe, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poy, Prud'homme, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt
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:
TUESDAY, December 10, 2002
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SIXTH REPORT
Your Committee has approved the Senate Estimates for the fiscal year 2003-2004 and recommends their adoption.
Your Committee notes that the proposed total budget is $67,032,050.
An overview of the 2003-2004 budget will be forwarded to every Senator's office.
Respectfully submitted,
LISE BACON
Chair
The Honourable Senator Bacon moved, seconded by the Honourable Senator Callbeck, 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 presented the following:
TUESDAY, December 10, 2002
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
SIXTH REPORT
Your Committee, to which was referred Bill C-8, An Act to protect human health and safety and the environment by regulating products used for the control of pests, in obedience to the Order of Reference of Wednesday, October 23, 2002, has examined the said Bill and now reports the same without amendment.
Attached as an appendix to this Report are the observations of your Committee on Bill C-8.
Respectfully submitted,
MICHAEL KIRBY
Chair
(The Appendix to the Report is printed as Appendix "A'' )
The Honourable Senator Kirby 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.
The Honourable Senator Comeau, Chair of the Standing Senate Committee on Fisheries and Oceans, presented its Second Report (budget—study on straddling stocks and fish habitat).
(The Report is printed as Appendix "B'' at pages 402-407 (available in print format PDF))
The Honourable Senator Comeau moved, seconded by the Honourable Senator Beaudoin, 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Gauthier presented a Bill S-11, An Act to amend the Official Languages Act (promotion of English and French).
The Bill was read the first time.
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Setlakwe, 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.
Notices of Motions
With leave of the Senate,
The Honourable Senator Kenny moved, seconded by the Honourable Senator Forrestall:
That the Standing Senate Committee on National Security and Defence have power to sit at 2:30 p.m. today 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Phalen, for the second reading of 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.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Day moved, seconded by the Honourable Senator Baker, 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.
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Corbin, for the third reading of Bill C-5, An Act respecting the protection of wildlife species at risk in Canada.
After debate,
A Point of Order was raised with respect to the Third Report of the Standing Senate Committee on Energy, the Environment and Natural Resources on Bill C-5.
After debate,
The Speaker reserved his decision.
Order No. 2 was called and postponed until the next sitting.
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 Kinsella for the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Atkins, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted on division.
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 Atkins, that further debate on the motion in amendment 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-4, An Act to amend the Nuclear Safety and Control Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, 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 BUSINESS
Senate Public Bills
Orders No. 1 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 Senate Committee on Energy, the Environment and Natural Resources (budget—study on emerging issues related to its mandate—power to travel and hire staff) presented in the Senate on December 5, 2002.
The Honourable Senator Banks moved, seconded by the Honourable Senator Ferretti Barth, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Second Report of the Standing Senate Committee on Agriculture and Forestry (budget—study on climate change—power to travel and hire staff) presented in the Senate on December 5, 2002.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Second Report of the Standing Senate Committee on Transport and Communications (budget—study on issues facing the intercity busing industry—power to hire staff) presented in the Senate on December 5, 2002.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Hubley, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Second Report of the Standing Senate Committee on Foreign Affairs (budget—study on Canada-United States and Canada-Mexico trade relationships—power to travel and hire staff) presented in the Senate on December 5, 2002.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Sparrow, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Third Report of the Standing Senate Committee on National Security and Defence (budget—study on the need for a national security policy for Canada—power to travel and hire staff) presented in the Senate on December 5, 2002.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Losier-Cool, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Second Report of the Standing Senate Committee on Aboriginal Peoples (budget—study of issues affecting urban Aboriginal youth—power to travel and hire staff) presented in the Senate on December 5, 2002.
The Honourable Senator Pearson for the Honourable Senator Chalifoux moved, seconded by the Honourable Senator Poy, that the Report be adopted.
The question being put on the motion, it was adopted.
Order No. 7 was called and postponed until the next sitting.
Consideration of the Second Report (Interim) of the Standing Senate Committee on National Security and Defence, entitled: For an Extra 130 Bucks... Update on Canada's Military Financial Crisis, A View from the Bottom Up, deposited with the Clerk of the Senate on November 12, 2002.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Losier-Cool, that the Report be adopted.
After debate,
The Honourable Senator Robichaud, P.C., 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.
Order No. 9 was called and postponed until the next sitting in the name of the Honourable Senator Keon.
Consideration of the Fifth Report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendment to Rule 95(3)—committee meetings during adjournments of the Senate) presented in the Senate on December 3, 2002.
The Honourable Senator Milne moved, seconded by the Honourable Senator Cordy, that the Report be adopted.
The question being put on the motion, it was adopted.
Orders No. 11 to 13 were called and postponed until the next sitting.
Other
Orders No. 22, 73, 5, 66 (motions), 6, 4 (inquiries), 4 (motion) and 3 (inquiry) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Nolin calling the attention of the Senate to the findings contained in the Report of the Special Committee of the Senate on Illegal Drugs entitled Cannabis: Our Position for a Canadian Public Policy, deposited with the Clerk of the Senate in the First Session of the Thirty-seventh Parliament, on September 3, 2002.
After debate,
The Honourable Senator Morin moved, seconded by the Honourable Senator Hubley, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 7 (motion) was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Stollery moved, seconded by the Honourable Senator Adams:
That the Standing Senate Committee on Foreign Affairs be authorized to examine the consequences for Canada of the evolving European Union and on other related political, economic and security matters;
That the papers and evidence received and taken during the First Session of the Thirty-seventh Parliament be referred to the committee; and
That the Committee report to the Senate no later than March 31, 2004.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Sparrow:
That the Standing Senate Committee on Foreign Affairs be authorized to examine emerging political, social, economic and security developments in Russia and Ukraine; Canada's policy and interests in the region; and other related matters;
That the papers and evidence received and taken during the First Session of the Thirty-seventh Parliament be referred to the Committee; and
That the Committee report to the Senate no later than March 31, 2004.
The question being put on the motion, it was adopted.
The Honourable Senator Stollery moved, seconded by the Honourable Senator Cordy:
That the Standing Senate Committee on Foreign Affairs, in accordance with Rule 86(1)(h), be authorized to examine such issues as may arise from time to time relating to Foreign relations generally;
That the papers and evidence received and taken during the First Session of the Thirty-seventh Parliament be referred to the committee; and
That the committee report to the Senate no later than March 31, 2004.
The question being put on the motion, it was adopted.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Losier-Cool:
That the Standing Senate Committee on National Security and Defence be permitted, notwithstanding usual practices, to deposit its interim report on national security with the Clerk of the Senate during the Christmas adjournment, and that the report be deemed to have been tabled in the Chamber; and
That copies of the report will made available to all Senators in their offices and by e-mail at the time of tabling.
After debate,
The question being put on the motion, it was adopted on division.
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 6:17 p.m. the Senate was continued until 1:30 p.m. tomorrow.)