Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 37
Tuesday, February 25, 2003
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, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, Kolber, Kroft, Lapointe, Lawson, LeBreton, Léger, Lynch-Staunton, Maheu, Meighen, Milne, Moore, Morin, Murray, Nolin, Pépin, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, *Chalifoux, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, *Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, *Gustafson, Hays, Hervieux-Payette, *Hubley, *Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, Kolber, Kroft, *LaPierre, Lapointe, Lawson, LeBreton, Léger, Lynch-Staunton, Maheu, Meighen, Milne, Moore, Morin, Murray, Nolin, *Oliver, *Pearson, Pépin, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, *Tkachuk, *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 documents:
(1) Notice of a Ways and Means motion to amend the Income Tax Act;
(2) Notice of a Ways and Means motion to amend the Excise Tax Act;
(3) Notice of a Ways and Means motion to amend the Customs Tariff, the Excise Tax Act and the Excise Act, 2001;
(4) The Budget Speech;
(5) The Budget in Brief;
(6) Investing in Canada's Health Care System;
(7) Improving Expenditure Management and Accountability;
(8) The Budget Plan 2003.—Sessional Paper No. 2/37-271.
With leave of the Senate,
The Honourable Senator Hays tabled the following:
Report of the Senate Delegation, led by the Speaker of the Senate, which travelled to the Czech Republic from October 14 to 21, 2002.—Sessional Paper No. 2/37-272S.
Report of the Senate Delegation, led by the Speaker of the Senate, which travelled to Spain from October 21 to 25, 2002. —Sessional Paper No. 2/37-273S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon presented the following:
TUESDAY, February 25, 2003
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
TENTH REPORT
Your Committee recommends that the following additional funds be released for fiscal year 2002-2003.
Aboriginal Peoples (Special Study on Urban Aboriginal Youth)
| Professional and Other Services | $ 5,000 |
| Transport and Communications | — |
| Other Expenditures | — |
| Total | $ 5,000 |
Banking, Trade and Commerce (Special Study on Financial Systems)
| Professional and Other Services | — |
| Transport and Communications | $ 22,700 |
| Other Expenditures | — |
| Total | $ 22,700 |
Energy, the Environment, and Natural Resources (Special Study on emerging issues related to mandate)
| Professional and Other Services | — |
| Transportation and Communications | $ 24,900 |
| Other Expenditures | — |
| Total | $ 24,900 |
National Security and Defence (Special Study on National Security Policy)
| Professional and Other Services | $ 20,000 |
| Transport and Communications | $ 24,000 |
| Other Expenditures | — |
| Total | $ 44,000 |
Respectfully submitted,
LISE BACON
Chair
With leave of the Senate,
The Honourable Senator Bacon moved, seconded by the Honourable Senator Callbeck, 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 Kolber presented the following:
TUESDAY, February 25, 2003
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
SEVENTH REPORT
Pursuant to Appendix IV of the Rules of the Senate, your Committee is pleased to report as follows on the question of privilege raised by the Honourable Senator Kolber.
On Thursday, December 12, 2002, Senator Kolber gave written notice pursuant to Rule 43 and subsequently raised a question of privilege in the Senate. It related to the premature disclosure of the report on the public interest implications of large bank mergers of the Standing Senate Committee on Banking, Trade and Commerce. He referred to three articles — the first was distributed the day before by the Reuters News Agency and the others were published in the Globe and Mail and National Post the morning of the day the report was tabled. Following interventions by Senators John Lynch-Staunton, Noël A. Kinsella, Richard H. Kroft, Anne C. Cools, Lowell Murray and Jack Austin, the Speaker ruled that a prima facie case of privilege existed.
Your Committee met on Wednesday, February 5, 2003, to consider the question of privilege raised by Senator Kolber. The Committee debated the alleged leak and the question of privilege and subsequently decided that it was unnecessary to hear any witnesses.
Furthermore, your Committee is of the opinion that no further action is required, except to raise the awareness of Senators and staff as to the need for and requirement of confidentiality and to establish security procedures to avoid a repeat of this breach of privilege. We need to balance our desire for openness and transparency with the right of Senators to be able to discuss freely issues without the fear of their comments being reported the following day. Senators should take great care when discussing the work of Committees with the media that they do not inadvertently release information that the Senate is entitled to hear first or to compromise possible recommendations the Committee may be considering.
Respectfully submitted,
E. LEO KOLBER
Chairman
The Honourable Senator Kolber moved, seconded by the Honourable Senator Maheu, 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.
First Reading of Commons Public Bills
A Message was brought from the House of Commons with a Bill C-227, An Act respecting a national day of remembrance of the Battle of Vimy Ridge, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Poulin moved, seconded by the Honourable Senator Cook, 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.
ORDERS OF THE DAY
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 Spivak, seconded by the Honourable Senator Forrestall, for the second reading of Bill S-10, An Act concerning personal watercraft in navigable waters.
After debate,
The question being put on the motion, it was adopted on division.
The Bill was then read the second time, on division.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Cochrane, that the Bill be referred to the Standing Senate Committee on Transport and Communications.
With leave of the Senate,
After debate,
With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:
That the Bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.
The question being put on the motion, as modified, it was adopted.
Orders No. 3 to 5 were called and postponed until the next sitting.
Second reading of Bill S-14, An Act to amend the National Anthem Act to reflect the linguistic duality of Canada.
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Corbin, that the Bill be read the second time.
After debate,
The Honourable Senator Kinsella 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.
Orders No. 7 to 9 were 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 question being put on the motion, it was adopted on division.
The Bill was then read the second time, on division.
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Rossiter, that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
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 Sixth Report of the Standing Senate Committee on National Security and Defence (budget—study on health care provided to veterans—power to hire staff and to travel) presented in the Senate on February 13, 2003.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Atkins, that the Report be adopted.
After debate,
The Honourable Senator Robichaud, 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.
Orders No. 2 to 8 were called and postponed until the next sitting.
Consideration of the Tenth Report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of certain Committees) presented in the Senate earlier this day.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Callbeck, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Other
Resuming debate on the inquiry of the Honourable Senator LeBreton calling the attention of the Senate to the legacy of waste during the Martin-Chrétien years.
After debate,
The Honourable Senator Bryden moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Roche, seconded by the Honourable Senator Taylor:
That the Senate notes the crisis between the United States and Iraq, and affirms the urgent need for Canada to uphold international law under which, absent an attack or imminent threat of attack, only the United Nations Security Council has the authority to determine compliance with its resolutions and sanction military action.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Cook, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 11, 7 (inquiries), 66 (motion), 3 (inquiry), 7 (motion), 8, 9, 2 (inquiries) 73, 5 (motions) and 6 (inquiry) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report by the Minister of Canadian Heritage on official languages activities for the fiscal year ended March 31, 2002, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 44.—Sessional Paper No. 2/37-263.
Report on the administration and operation of the Canada Health Act for the fiscal year ended March 31, 2002, pursuant to the Act, R.S.C. 1985, c. C-6, s. 23.—Sessional Paper No. 2/37-264.
Copies of Orders in Council P.C. 2001-516, P.C. 2001-517, P.C. 2001-987, P.C. 2001-1401, P.C. 2001-2172, P.C. 2001-2281, P.C. 2002-470, P.C. 2002-476, P.C. 2002-1053, P.C. 2002-1076, P.C. 2002-1729 and P.C. 2002-2096 concerning federal-provincial and federal-territorial agreements with the provinces of British Columbia, Ontario, Nova Scotia, New Brunswick, Newfoundland and Labrador, Yukon Territory, Alberta, Quebec, Saskatchewan, Manitoba, Prince Edward Island, and the Northwest Territories, pursuant to the Farm Income Protection Act, S.C. 1991, c. 22, sbs. 12(7).—Sessional Paper No. 2/37-265.
Reports of the Office of Indian Residential Schools Resolution of Canada for the fiscal year ended March 31, 2002, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 2/37-266.
Summary of the Corporate Plan for 2003-07 of Ridley Terminals Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-267.
Statutes of the Northwest Territories for October 2002, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N-27, sbs. 21(1).—Sessional Paper No. 2/37-268.
Report of the Department of Foreign Affairs and International Trade on the Annual Summary of Steel Import Permit Information for the year 2002, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. 13 (3rd Supp.), s. 1. —Sessional Paper No. 2/37-269.
Copy of Regulations amending the United Nations Suppression of Terrorism Regulations (SOR/2002-455), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 2/37-270.
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 4:45 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 Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Hubley added to the membership (February 17).
The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Kroft (February 17).
The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Robertson (February 18).
The name of the Honourable Senator Robertson substituted for that of the Honourable Senator Oliver (February 19).
Standing Senate Committee on National Finance
The name of the Honourable Senator Wiebe substituted for that of the Honourable Senator Mahovlich (February 18).
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Wiebe (February 20).
The name of the Honourable Senator Maheu substituted for that of the Honourable Senator Mahovlich (February 24).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Hubley and Banks substituted for those of the Honourable Senators Hervieux-Payette and Fitzpatrick (February 18).
The names of the Honourable Senators Hervieux-Payette and Fitzpatrick substituted for those of the Honourable Senators Hubley and Banks (February 20).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Andreychuk substituted for that of the Honourable Senator LeBreton (February 20).
The name of the Honourable Senator Carney substituted for that of the Honourable Senator Andreychuk (February 25).
Standing Senate Committee on Official Languages
The name of the Honourable Senator Joyal substituted for that of the Honourable Senator Losier-Cool (February 24).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Merchant (February 24).