Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 49
Tuesday, April 29, 2003
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Beaudoin, Biron, Buchanan, Carstairs, Chalifoux, Chaput, Christensen, Cochrane, Cook, Cools, Corbin, Cordy, Day, Doody, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Merchant, Milne, Moore, Morin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Robertson, Robichaud, Rompkey, Rossiter, St. Germain, Sibbeston, Sparrow, Stratton, Tkachuk, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, *Austin, Bacon, Baker, Banks, Beaudoin, Biron, *Bolduc, Buchanan, *Carney, Carstairs, Chalifoux, Chaput, Christensen, Cochrane, Cook, Cools, Corbin, Cordy, Day, *De Bané, *Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, *Grafstein, *Graham, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Merchant, Milne, Moore, Morin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Robertson, Robichaud, Rompkey, Rossiter, St. Germain, *Setlakwe, Sibbeston, Sparrow, *Stollery, Stratton, Tkachuk, Watt, 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:
The April 2003 Report of the Auditor General of Canada to the House of Commons, pursuant to the Auditor General Act, S.C. 1995, c. 43, s. 3.—Sessional Paper No. 2/37-354.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kolber, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Tenth Report (budget—release of additional funds (study on the domestic and international financial system)).
(The Report is printed as Appendix "A'' at page 718 (available in print format PDF))
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.
The Honourable Senator Kolber, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Eleventh Report (budget—study on bankruptcy and insolvency).
(The Report is printed as Appendix "B'' at pages 719-724 (available in print format PDF))
The Honourable Senator Kolber moved, seconded by the Honourable Senator Ferretti Barth, 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 Kenny, Chair of the Standing Senate Committee on National Security and Defence, presented its Ninth Report (budget—study on the need for a national security policy for Canada).
(The Report is printed as Appendix "C'' at pages 725-736 (available in print format PDF))
The Honourable Senator Kenny moved, seconded by the Honourable Senator Losier-Cool, 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 Losier-Cool, Chair of the Standing Senate Committee on Official Languages, presented its Second Report (budget—study on the operation of the Official Languages Act).
(The Report is printed as Appendix "D'' at pages 737-746 (available in print format PDF))
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Moore, 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 Day, Member of the Standing Senate Committee on National Security and Defence (Sub- committee on Veterans Affairs), informed the Senate that, pursuant to Orders adopted by the Senate on November 20, 2002, and April 3, 2003, the Committee had deposited with the Clerk of the Senate, on April 10, 2003, its Eighth Report (Interim) entitled: Fixing the Canadian Forces' Method of Dealing with Death or Dismemberment.—Sessional Paper No. 2/37-339S.
The Honourable Senator Day moved, seconded by the Honourable Senator Adams, 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 LeBreton, Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Tenth Report (Bill S-13, An Act to amend the Statistics Act) without amendment.
The Honourable Senator Milne moved, seconded by the Honourable Senator Chalifoux, 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 Milne, Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, informed the Senate that, pursuant to Orders adopted by the Senate on February 4 and April 3, 2003, she had deposited with the Clerk of the Senate on April 10, 2003, the Eighth Report (Interim) of the said Committee entitled: Government Ethics Initiative.—Sessional Paper No. 2/37-340S.
The Honourable Senator Milne moved, seconded by the Honourable Senator Rompkey, P.C., 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 Hervieux-Payette, P.C., Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations tabled its Second Report (divergence of rules and practices of the Senate and the House of Commons).—Sessional Paper No. 2/37-355S.
The Honourable Senator Day, Member of the Standing Senate Committee on National Security and Defence, presented its Tenth Report (budget—study on the health care of veterans).
(The Report is printed as Appendix "E'' at pages 747-754 (available in print format PDF))
The Honourable Senator Day moved, seconded by the Honourable Senator Phalen, 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 Oliver, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Third Report (budget—study on the impact of climate change on agriculture and forestry).
(The Report is printed as Appendix "F'' at pages 755-760 (available in print format PDF))
The Honourable Senator Oliver moved, seconded by the Honourable Senator Robertson, 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 Oliver, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Fourth Report (budget—study on issues related to agricultural, agri-food and forest products).
(The Report is printed as Appendix "G'' at pages 761-768 (available in print format PDF))
The Honourable Senator Oliver moved, seconded by the Honourable Senator Keon, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Hervieux-Payette, P.C., tabled the following:
Report of the Canadian Delegation of the Interparliamentary Forum of the Americas concerning its participation at the Second Plenary Meeting, held in Panama City, Panama, on February 20 and 21, 2003.—Sessional Paper No. 2/37- 356.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Robichaud, P.C., tabled the following:
Reply to Question No. 2, dated October 2, 2002, appearing on the Order Paper in the name of the Honourable Senator Forrestall, respecting the Canadian Forces—operation and maintenance.—Sessional Paper No. 2/37-357S.
Replies to Questions No. 8 to 10, dated February 4, 2003, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act—Department of Agriculture and Agri-Food.—Sessional Paper No. 2/37-358S.
Replies to Questions No. 17 to 19, dated February 4, 2003, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act—Department of the Environment.—Sessional Paper No. 2/37-359S.
Replies to Questions No. 20 to 22, dated February 4, 2003, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act—Department of Public Works and Government Services.—Sessional Paper No. 2/37-360S.
Replies to Questions No. 23 to 25, dated February 4, 2003, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act—Canadian Food Inspection Agency.—Sessional Paper No. 2/37-361S.
Replies to Questions No. 32 to 34, dated February 11, 2003, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act— Treasury Board.—Sessional Paper No. 2/37-362S.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills
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 Chaput moved, seconded by the Honourable Senator Merchant, 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 10 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
Orders No. 1 to 4 were called and postponed until the next sitting.
Consideration of the Fifth Report of the Standing Senate Committee on Transport and Communications (budget—study of the Canadian media) presented in the Senate on April 3, 2003.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Gauthier, that the Report be adopted.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Atkins, 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 to 11 were called and postponed until the next sitting.
Resuming debate on the 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 Stratton, 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.
Other
Orders No. 108 (motion), 11 (inquiry), 90, 86, 5 (motions), 15, 8, 20 (inquiries), 104 (motion), 9, 17 (inquiries), 4 (motion), 2, 14 (inquiries), 76, 66 (motions), 16, 6 and 7 (inquiries) were called and postponed until the next sitting.
Order No. 3 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
INQUIRIES
The Honourable Senator Gauthier called the attention of the Senate to the demo-linguistic data in the 2001 Census dealing with Canada's language profile and many other useful facts of national importance.
After debate,
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Maheu, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Kroft:
That the Standing Senate Committee on Official Languages be authorized to examine and report upon the measures that should be taken to encourage and facilitate provision of and access to the widest possible range of French- language broadcasting services in francophone minority communities across Canada.
After debate,
With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:
That the Standing Senate Committee on Official Languages be authorized to examine and report upon the measures that should be taken to encourage and facilitate provision of and access to the widest possible range of French- language broadcasting services in francophone minority communities across Canada; and
That the Committee report no later than October 22, 2003.
After debate.
The question being put on the motion, as modified, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the administration of the Royal Canadian Mounted Police Superannuation Account (Parts I and III), together with the Auditor General's report, for the fiscal year ended March 31, 2002, pursuant to the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, s. 31.—Sessional Paper No. 2/37-341.
Report of the Clerk of the Privy Council and Secretary to Cabinet to the Prime Minister on the Public Service of Canada for the fiscal year ended March 31, 2003, pursuant to the Public Service Employment Act, R.S.C. 1985, c. P-33, sbs. 47(2). —Sessional Paper No. 2/37-342.
Reports of the Canada Port Authorities for the fiscal year ended December 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. 2/37-343.
Report of Export Development Canada, together with the Auditor General's report, for the year ended December 31, 2002, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/37- 344.
Report on the use of electronic surveillance for the year 2001, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, sbs. 195(4). —Sessional Paper No. 2/37-345.
Report of the Military Police Complaints Commission for the year 2002, pursuant to the National Defence Act, S.C. 1998, c. 35, s. 82.—Sessional Paper No. 2/37-346.
Reports of the Atlantic Pilotage Authority for the fiscal year ended March 31, 2003, 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. 2/37-347.
Reports of the Merchant Seamen Compensation Board for the fiscal year ended March 31, 2003, 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- 348.
Report of the Canada Mortgage and Housing Corporation, together with the Auditor General's report, for the year ended December 31, 2002, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/37-349.
Reports of the Royal Canadian Mint for the year ended December 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. 2/37-350.
Report of the National Energy Board for the year ended December 31, 2002, pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7, s. 133.—Sessional Paper No. 2/37-351.
Report on the operations of the Exchange Fund Account, together with the Auditor General's report, for the year 2002, pursuant to the Currency Act, R.S.C. 1985, c. C-52, sbs. 21(1). —Sessional Paper No. 2/37-352.
Report of the Canada Development Investment Corporation (including Canada Hibernia Holding Corporation), together with the Auditor General's report, for the fiscal year ended December 31, 2002, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/37-353.
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 3:49 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
__________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Wiebe substituted for that of the Honourable Senator Maheu (April 3).
The name of the Honourable Senator Ferretti Barth substituted for that of the Honourable Senator LaPierre (April 29).
Standing Committee on Rules, Procedures and the Rights of Parliament
The names of the Honourable Senators Grafstein, Wiebe and Fraser substituted for those of the Honourable Senators Bryden, Maheu and Bacon (April 3).
The names of the Honourable Senators Beaudoin and Fairbairn substituted for those of the Honourable Senators Robertson and Wiebe (April 4).
The name of the Honourable Senator Finnerty substituted for that of the Honourable Senator Pépin (April 8).
The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Andreychuk (April 9).
The names of the Honourable Senators Wiebe and Pépin substituted for those of the Honourable Senators Fairbairn and Finnerty (April 10).
The names of the Honourable Senators Robertson and Andreychuk substituted for those of the Honourable Senators Beaudoin and Eyton (April 15).
Standing Senate Committee on Foreign Affairs
The names of the Honourable Senators Setlakwe and Losier-Cool substituted for those of the Honourable Senators Chaput and Merchant (April 3).
Standing Senate Committee on National Finance
The name of the Honourable Senator Maheu substituted for that of the Honourable Senator Cools (April 3).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Milne substituted for that of the Honourable Senator Callbeck (April 7).
The names of the Honourable Senators Fraser, Banks and Murray substituted for those of the Honourable Senators Milne, Kirby and Di Nino (April 9).
The names of the Honourable Senators Callbeck and Kirby substituted for those of the Honourable Senators Fraser and Banks (April 10).
The name of the Honourable Senator Di Nino substituted for that of the Honourable Senator Murray (April 28).
The name of the Honourable Senator Robertson substituted for that of the Honourable Senator Di Nino (April 29).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Oliver and Merchant substituted for those of the Honourable Senators Kelleher and Fitzpatrick (April 28).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Christensen (April 28).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Oliver and LeBreton substituted for those of the Honourable Senators Johnson and Spivak (April 28).
The name of the Honourable Senator Atkins substituted for that of the Honourable Senator LeBreton (April 29).