Journals of the Senate
51 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 32
Wednesday, February 5, 2003
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Banks, Beaudoin, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Hays, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Kinsella, Kirby, Kolber, Kroft, LaPierre, LeBreton, Lynch-Staunton, Mahovlich, Meighen, Merchant, Milne, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Banks, Beaudoin, Biron, Bryden, *Buchanan, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, *Grafstein, Graham, Gustafson, Hays, *Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Kinsella, Kirby, Kolber, Kroft, LaPierre, LeBreton, Lynch-Staunton, Mahovlich, Meighen, Merchant, Milne, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, *Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt, Wiebe
PRAYERS
TRIBUTES
Tribute was paid to the memory of the Right Honourable Ramon John Hnatyshyn, P.C., C.C., C.M.M., C.D., Q.C., former Governor General of Canada, whose death occurred December 18, 2002.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Introduction and First Reading of Government Bills
The Honourable Senator Robichaud, P.C., presented a Bill S-13, An Act to amend the Statistics Act.
The Bill was read the first time.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Milne, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Pépin tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Fourth Part of the 2002 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from September 23 to 27, 2002.—Sessional Paper No. 2/37-256.
Presentation of Petitions
The Honourable Senator Milne presented petitions:
Of Residents of Canada concerning the Statistics Act (census records).
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 7 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Chalifoux, seconded by the Honourable Senator Taylor, for the second reading of Bill S-9, An Act to honour Louis Riel and the Metis People.
After debate,
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator LeBreton, 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
Consideration of the Eighth Report of the Standing Committee on Internal Economy, Budgets and Administration (Senate Supplementary Estimates (B) 2002-03) presented in the Senate on February 4, 2003.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Kolber, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Orders No. 2 to 4 were called and postponed until the next sitting.
Consideration of the Sixth Report of the Standing Senate Committee on Banking, Trade and Commerce entitled: Competition in the Public Interest: Large Bank Mergers in Canada, tabled in the Senate on December 12, 2002.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Tkachuk, that further debate on the consideration of the Report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6 to 8 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Finnerty, for the adoption 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.
After debate,
The question being put on the motion, it was adopted on division.
Other
Orders No. 4 (motion), 3 (inquiry), 7 (motion), 8, 9 and 2 (inquiries) were called and postponed until the next sitting.
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 question being put on the motion, it was adopted.
Orders No. 73 and 5 (motions) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, 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 20021. 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 LaPierre moved, seconded by the Honourable Senator Gill, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6 and 4 (inquiries) were called and 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 3:23 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Energy, the Environment and Natural Resources
The names of the Honourable Senators Tkachuk, Lynch-Staunton and Morin substituted for those of the Honourable Senators Cochrane, Buchanan and Baker (February 4).
Standing Senate Committee on Foreign Affairs
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Bolduc (February 4).
Standing Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Phalen (February 5).