Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 48
Thursday, April 3, 2003
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, De Bané, Di Nino, Doody, Fairbairn, Finnerty, Furey, Gauthier, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Kelleher, Kenny, Keon, Kinsella, Kroft, LaPierre, Lapointe, Lawson, LeBreton, Léger, Maheu, Merchant, Milne, Moore, Morin, Murray, Oliver, Pearson, Pépin, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stratton
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, *Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, *Day, De Bané, Di Nino, Doody, Fairbairn, Finnerty, *Forrestall, *Fraser, Furey, Gauthier, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, *Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, *Kirby, Kroft, LaPierre, Lapointe, Lawson, LeBreton, Léger, *Lynch-Staunton, Maheu, *Meighen, Merchant, Milne, Moore, Morin, Murray, *Nolin, Oliver, Pearson, Pépin, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, *Stollery, Stratton, *Tkachuk
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Morin presented the following:
THURSDAY, April 3, 2003
The Standing Joint Committee on the Library of Parliament has the honour to present its
FIRST REPORT
Your Committee recommends that it be authorized to assist the Speaker of the Senate and the Speaker of the House of Commons in directing and controlling the Library of Parliament; and that it be authorized to make recommendations to the Speaker of the Senate and the Speaker of the House of Commons regarding the governance of the Library and the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein.
Your Committee recommends that its quorum be fixed at seven (7) members, provided that both Houses are represented including a member from the opposition and a member from the government whenever a vote, resolution or other decision is taken, and that Joint Chairs be authorized to hold meetings to receive and publish evidence when a quorum is not present, provided that at least (4) members are present including a member from the opposition and a member from the government.
Your Committee further recommends to the Senate that it be empowered to sit during sittings of the Senate.
A copy of the relevant Minutes of Proceedings (Meeting No. 1) is tabled.
Respectfully submitted,
YVES MORIN
Joint Chair
With leave of the Senate,
The Honourable Senator Morin moved, seconded by the Honourable Senator Gauthier, 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 Bacon, Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented its Fifteenth Report (budgets of certain Committees).
(The Report is printed as Appendix "A'' at pages 659-660 (available in print format PDF))
With leave of the Senate,
The Honourable Senator Bacon moved, seconded by the Honourable Senator Joyal, P.C., 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 Gustafson, Deputy Chair of the Standing Senate Committee on Transport and Communications, presented its Fifth Report (budget—study of the Canadian media).
(The Report is printed as Appendix "B'' at pages 661-668 (available in print format PDF))
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Angus, 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 Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Sixth Report (budget—study on emerging issues related to its mandate).
(The Report is printed as Appendix "C'' at pages 669-678 (available in print format PDF))
With leave of the Senate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Kroft, 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 Di Nino, Deputy Chair of the Standing Senate Committee on Foreign Affairs, presented its Third Report (budget—special study on the Canada-United States and Canada-Mexico trade relationships).
(The Report is printed as Appendix "D'' at pages 679-686 (available in print format PDF))
With leave of the Senate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Keon, 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 Christensen for the Honourable Senator Chalifoux, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its Third Report (budget—special study on urban aboriginal youth).
(The Report is printed as Appendix "E'' at pages 687-692 (available in print format PDF))
With leave of the Senate,
The Honourable Senator Christensen moved, seconded by the Honourable Senator Léger, 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.
Tabling of Reports from Inter-Parliamentary Delegations.
The Honourable Senator De Bané, P.C., tabled the following:
Report of the Canadian Section of the Assemblée parlementaire de la Francophonie, respecting its participation at the meeting of the APF Political Committee, held in Luxembourg, from March 3 to 6, 2003.—Sessional Paper No. 2/ 37-338.
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With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Fairbairn, P.C., for the Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Ninth Report (budget—special study on health care system (mental health)).
(The Report is printed as Appendix "F'' at pages 693-700 (available in print format PDF))
With leave of the Senate,
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Austin, P.C., 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Christensen, seconded by the Honourable Senator Chalifoux, for the second reading of Bill C-2, An Act to establish a process for assessing the environmental and socio- economic effects of certain activities in Yukon.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Christensen moved, seconded by the Honourable Senator Sibbeston, that the Bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Cook, for the second reading of Bill C-15, An Act to amend the Lobbyists Registration Act.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Pearson, that the Bill be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Pépin:
That, pursuant to Rule 95(3), during the period of April 7, 2003 to April 11, 2003, all Standing or Joint Committees of the Senate be authorized to meet even though the Senate may then be adjourned for a period exceeding a week.
After debate,
The question being put on the motion, it was adopted.
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Ordered, That Order No. 1 under OTHER BUSINESS, Commons Public Bills be brought forward.
Third reading of Bill C-227, An Act respecting a national day of remembrance of the Battle of Vimy Ridge.
The Honourable Senator Poulin moved, seconded by the Honourable Senator Corbin, that the Bill be read the third time.
After debate,
In amendment, the Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Sparrow, that the Bill be not now read a third time but that it be read a third time this day six months hence.
After debate,
The Honourable Senator Sparrow moved, seconded by the Honourable Senator Prud'homme, P.C., that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was negatived on division.
The question being put on the motion in amendment of the Honourable Senator Prud'homme, P.C., seconded by the Honourable Senator Sparrow, that the Bill be not now read a third time but that it be read a third time this day six months hence, it was negatived on division.
The question then being put on the motion of the Honourable Senator Poulin, seconded by the Honourable Senator Corbin, for the third reading of Bill C-227, An Act respecting a national day of remembrance of the Battle of Vimy Ridge, 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.
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Gauthier, seconded by the Honourable Senator Morin, for the second reading of Bill S-11, An Act to amend the Official Languages Act (promotion of English and French).
After debate,
The Honourable Senator Beaudoin moved, seconded by the Honourable Senator Bolduc, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Maheu, Chair of the Standing Senate Committee on Human Rights, presented its Third Report (budget—special study on Canada's possible adherence to the American Convention on Human Rights).
(The Report is printed as Appendix "G'' at pages 701-706 (available in print format PDF))
With leave of the Senate,
The Honourable Senator Maheu 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.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills
Orders No. 5 to 9 were called and postponed until the next sitting.
Commons Public Bills
Order No. 2 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the Thirteenth Report of the Standing Committee on Internal Economy, Budgets and Administration (Policy on Equipment, Furniture and Furnishings) presented in the Senate on April 2, 2003.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu, that the Report be adopted.
After debate,
The Honourable Senator Kenny moved, seconded by the Honourable Senator Banks, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Consideration of the Fourteenth Report of the Standing Committee on Internal Economy, Budgets and Administration (Policy on Telecommunications) presented in the Senate on April 2, 2003.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu, that the Report be adopted.
After debate,
The Honourable Senator Kenny moved, seconded by the Honourable Senator Corbin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Resuming debate on the consideration of the Seventh Report of the Standing Senate Committee on Social Affairs, Science and Technology (document entitled: Santé en français — Pour un meilleur accès à des services de santé en français (French-Language Healthcare — Improving Access to French-Language Health Services)) tabled in the Senate on December 12, 2002
After debate,
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Chaput, 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 10 were called and postponed until the next sitting.
Consideration of the Fifth Report (Interim) of the Standing Senate Committee on National Security and Defence, entitled: The Myth of Security at Canada's Airports, deposited with the Clerk of the Senate on January 21, 2003.
After debate,
The Honourable Senator Kenny for the Honourable Senator Atkins moved, seconded by the Honourable Senator Joyal, P.C., 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.
Consideration of the First Report of the Standing Joint Committee on the Library of Parliament (order of reference), presented in the Senate earlier this day.
The Honourable Senator Morin moved, seconded by the Honourable Senator LaPierre, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Fifteenth 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 Fairbairn, P.C., that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the Sixth Report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—study on emerging issues related to its mandate) presented in the Senate earlier this day.
The Honourable Senator Banks moved, seconded by the Honourable Senator Maheu, 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 Foreign Affairs (budget—study on the Canada-United States and Canada-Mexico trade relationship) presented in the Senate earlier this day.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Carney, P.C., that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the Third Report of the Standing Senate Committee on Aboriginal Peoples (budget—special study on urban aboriginal youth) presented in the Senate earlier this day.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Ringuette, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Ninth Report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—special study on health care system (mental health)) presented in the Senate earlier this day.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., 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 Human Rights (budget—special study on Canada's possible adherence to the American Convention on Human Rights) presented in the Senate earlier this day.
The Honourable Senator Maheu moved, seconded by the Honourable Senator Bacon, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Other
Orders No. 5 (motion), 15, 8, 20 (inquiries) and 104 (motion) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Maheu, seconded by the Honourable Senator Bacon:
That the Standing Senate Committee on Human Rights be authorized to examine and report upon key legal issues affecting the subject of on-reserve matrimonial real property on the breakdown of a marriage or common law relationship and the policy context in which they are situated.
In particular, the Committee shall be authorized to examine:
- The interplay between provincial and federal laws in addressing the division of matrimonial property (both personal and real) on-reserve and, in particular, enforcement of court decisions;
- The practice of land allotment on-reserve, in particular with respect to custom land allotment;
- In a case of marriage or common-law relationships, the status of spouses and how real property is divided on the breakdown of the relationship; and
- Possible solutions that would balance individual and community interest.
That the Committee report to the Senate no later than June 27, 2003.
After debate,
In amendment, the Honourable Senator Carney, P.C., moved, seconded by the Honourable Senator Keon, that the motion be amended in the first paragraph thereof by replacing the words "Standing Senate Committee on Human Rights'' by the words "Standing Senate Committee on Aboriginal Peoples''; and
That the reporting date be no later than March 31, 2004 rather than June 27, 2003.
After debate,
The Honourable Senator Stratton for the Honourable Senator Rossiter moved, seconded by the Honourable Senator Keon, 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.
Orders No. 9, 17 (inquiries), 4 (motion), 2, 14 (inquiries), 76, 66 (motions), 16 and 6 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Gauthier calling the attention of the Senate to the difficulties faced by the deaf and hearing impaired in availing themselves impartially and in full equality of the information and safety procedures available to Canadians at airports, on aircraft, in ships and on all forms of public transport.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Corbin moved, seconded by the Honourable Senator Fairbairn, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 7 and 3 (inquiries) were called and postponed until the next sitting.
WRITTEN DECLARATION OF ROYAL ASSENT
The Honourable Speaker pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
April 3, 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 bills listed in the Schedule to this letter on the 3rd day of April, 2003, at 4:35 p.m.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, April 3, 2003
An Act to amend the Canada Pension Plan and the Canada Pension Plan Investment Board Act (Bill C-3, Chapter 5, 2003)
An Act respecting a national day of remembrance of the Battle of Vimy Ridge (Bill C-227, Chapter 6, 2003)
MOTIONS
The Honourable Senator Maheu moved, seconded by the Honourable Senator Bacon:
That the Senate call on the Government of Canada to encourage the Government of the United Kingdom to cause the return of the Parthenon Marbles to Greece in time for the Opening Ceremony of the 2004 Olympic Games in Athens.
After debate,
The Honourable Senator Merchant moved, seconded by the Honourable Senator LaPierre, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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With leave,
The Senate reverted to Notices of Motions.
With leave of the Senate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Prud'homme, P.C.:
That the Standing Senate Committee on National Security and Defence, which was authorized by the Senate on November 20, 2002, to examine and report on the health care provided to veterans of war and of peacekeeping missions; the implementation of the recommendations made in its previous reports on such matters; and the terms of service, post-discharge benefits and health care of members of the regular and reserve forces as well as members of the RCMP and of civilians who have served in close support of uniformed peacekeepers; and all other related matters, and to report by June 30, 2003, be permitted, notwithstanding usual practices, to deposit its report with the Clerk of the Senate, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.
After debate,
With leave of the Senate, the debate was suspended.
MOTIONS
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Kinsella:
That the Senate urge the Government of Canada to reform the Canada Elections Act and other pertinent Acts to eliminate all donations to political parties and to replace them with a system of full public financing, and to establish an impartial, independent committee to direct and oversee the said system, including setting and enforcing standards and rules of conduct.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Kinsella, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Milne moved, seconded by the Honourable Senator Rompkey, P.C.:
That the Standing Committee on Rules, Procedures and the Rights of Parliament, be permitted, notwithstanding usual practices, to deposit an interim report with the Clerk of the Senate, should the Senate not be sitting; and that the report be deemed to have been tabled in the Chamber.
After debate,
The question being put on the motion, it was adopted on division.
The Senate resumed debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Prud'homme, P.C.:
That the Standing Senate Committee on National Security and Defence, which was authorized by the Senate on November 20, 2002 to examine and report on the health care provided to veterans of war and of peacekeeping missions; the implementation of the recommendations made in its previous reports on such matters; and the terms of service, post-discharge benefits and health care of members of the regular and reserve forces as well as members of the RCMP and of civilians who have served in close support of uniformed peacekeepers; and all other related matters, and to report by June 30, 2003, be permitted, notwithstanding usual practices, to deposit its report with the Clerk of the Senate, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.
After debate,
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 Carstairs, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, April 29, 2003, at 2:00 p.m.
After debate,
The question being put on the motion, it was adopted on division.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Nisga'a Final Agreement 2002.—Sessional Paper No. 2/37-336.
Report of VIA Rail Canada Inc., together with the Auditor's report, for the year 2002, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/37-337.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Carstairs, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:03 p.m. the Senate was continued until Tuesday, April 29, 2003, at 2:00 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Finance
The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Doody (April 2).