Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 41
Wednesday, March 19, 2003
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, 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, Fairbairn, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hubley, Joyal, Kelleher, Keon, Kinsella, LaPierre, Lapointe, LeBreton, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Oliver, Pépin, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Smith, Sparrow, Stollery, Stratton, Tkachuk, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, *Carney, Carstairs, *Chalifoux, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, *Eyton, Fairbairn, *Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hubley, Joyal, Kelleher, *Kenny, Keon, Kinsella, LaPierre, Lapointe, *Lawson, LeBreton, *Léger, Lynch-Staunton, Maheu, Mahovlich, Meighen, *Merchant, Milne, Moore, Morin, Murray, Oliver, *Pearson, Pépin, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, Rossiter, *St. Germain, Setlakwe, *Sibbeston, Smith, Sparrow, *Spivak, Stollery, Stratton, Tkachuk, Watt, Wiebe
PRAYERS
WRITTEN DECLARATION OF ROYAL ASSENT
The Honourable Speaker pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
March 19, 2003
Mr. Speaker:
I have the honour to inform you that the Right Honourable Adrienne Clarkson, Governor General of Canada, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 19th day of March, 2003, at 10:01 a.m.
Yours sincerely,
Barbara Uteck
The Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Wednesday, March 19, 2003
An Act to promote physical activity and sport
(Bill C-12, Chapter 2, 2003)
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-2, An Act to establish a process for assessing the environmental and socio-economic effects of certain activities in Yukon, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Christensen 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.
A Message was brought from the House of Commons with a Bill C-15, An Act to amend the Lobbyists Registration Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Maheu, 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.
A Message was brought from the House of Commons with a Bill C-6, An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts, 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 Poulin, 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.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Robichaud, P.C., tabled the following:
Reply to Question No. 5, dated December 3, 2002, appearing on the Order Paper in the name of the Honourable Senator Forrestall, respecting the costs involved in deploying Canadian Forces personnel and equipment to theatres of operation. —Sessional Paper No. 2/37-287S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 7 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 8 were called and postponed until the next sitting.
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 Christensen, 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 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,
With leave of the Senate and pursuant to Rule 30 the motion was modified in the first paragraph thereof by replacing the words "Foreign Affairs'' by the words "Human Rights''.
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Roche, 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 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,
And on the motion in amendment of the Honourable Senator Stratton, seconded by the Honourable Senator Lynch-Staunton, that the motion be amended by removing all the words after the word "authorized'' and adding the following:
"to study the appropriate role of public policy in helping to ensure that Canadian news media remains healthy, independent and diverse, given changes in the media in recent years, notably globalization, technological change, convergence and concentration of ownership; and
That the Committee submit its final report to the Senate no later than Wednesday, March 31, 2004.''
After debate,
The question being put on the motion in amendment, it was negatived, on division.
The question then being put on the main motion, it was adopted.
Orders No. 16, 6 (inquiries), 4 (motion), 11, 7, 3 (inquiries), 7 (motion), 8, 9, 2 (inquiries) and 5 (motion) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Lynch-Staunton called the attention of the Senate to the Budget presented by the Minister of Finance in the House of Commons on February 18, 2003.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Carstairs, P.C., 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.
_____________________________________________________
Ordered, That all remaining items on the Notice Paper be postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the Employment Equity Act (Labour) for the year 2002, pursuant to the Act, S.C. 1995, c. 44, s. 20.—Sessional Paper No. 2/37-278.
Report of the Canadian Forces Housing Agency for the fiscal year ended March 31, 2002.—Sessional Paper No. 2/ 37-279.
Report of the Old Port of Montreal Corporation for the fiscal year ended March 31, 2002, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/37-280.
Summaries of the Corporate Plan for 2003-07 and the Operating and Capital Budgets for 2003 of the Great Lakes Pilotage Authority Ltd., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-281.
Summaries of the Corporate Plan for 2003-07 and the Operating and Capital Budgets for 2003 of the Laurentian Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-282.
Summaries of the Corporate Plan for 2003-07 and the Operating and Capital Budgets for 2003 of the Pacific Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-283.
Report of the Office of the Superintendent of Financial Institutions for the fiscal year ended March 31, 2002, pursuant to the Pension Benefits Standards Act, R.S.C. 1985, c. 32 (2nd Supp.), s. 40.—Sessional Paper No. 2/37-284.
List of Commissions issued for the year 2002, pursuant to the Public Officers Act, R.S.C. 1985, c. P-31, s. 4.—Sessional Paper No. 2/37-285.
Notice of opinion concerning Regulations amending the Importation and Exportation of Firearms Regulations (Individuals) (P.C. 2002-2066), Regulations amending the Authorization to Export or Import Firearms Regulations (Businesses) (P.C. 2002-2067), Regulations amend the Gun Shows Regulations (P.C. 2002-2068) and Regulations amending the Public Agents Firearms Regulations (P.C. 2002-2069), pursuant to the Firearms Act, S.C. 1995, c. 39, sbs. 119(4). —Sessional Paper No. 2/37-286.
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 3:34 p.m. the Senate was continued until 1:30 p.m. tomorrow.)