Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 57
Thursday, May 15, 2003
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Callbeck, Carstairs, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Day, Di Nino, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Hays, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Maheu, Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Stollery, Stratton, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, *Bolduc, *Buchanan, Callbeck, Carstairs, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Day, *De Bané, Di Nino, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, *Furey, Gauthier, Gill, *Grafstein, *Graham, Hays, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, *Kirby, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Maheu, *Mahovlich, Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Stollery, Stratton, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Introduction and First Reading of Senate Public Bills
The Honourable Senator Day presented a Bill S-20, An Act to amend the Copyright Act.
The Bill was read the first time.
The Honourable Senator Day moved, seconded by the Honourable Senator Setlakwe, 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 Nolin tabled the following:
Report of the Canadian NATO Parliamentary Association respecting its participation at the Meeting of the Standing Committee of the NATO Parliamentary Assembly, held in Paris, France, on April 5, 2003.—Sessional Paper No. 2/37-426.
Report of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meeting of the Defence and Security, Political, and Science and Technology Committees of the NATO Parliamentary Assembly, held in St. Petersburg, Russia, on April 10 and 11, 2003.—Sessional Paper No. 2/37-427.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Chalifoux, for the third reading of Bill S-13, An Act to amend the Statistics Act.
After debate,
The Honourable Senator Kinsella 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.
Reports of Committees
Consideration of the Tenth Report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Bill C-15, An Act to amend the Lobbyists Registration Act, with an amendment) presented in the Senate on May 14, 2003.
The Honourable Senator Milne moved, seconded by the Honourable Senator Finnerty, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Milne, that the Bill, as amended, 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.
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 8 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
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the consideration of the Eighth Report (Interim) of the Standing Senate Committee on National Security and Defence (Sub-committee on Veterans Affairs) entitled: Fixing the Canadian Forces' Method of Dealing with Death or Dismemberment, deposited with the Clerk of the Senate on April 10, 2003.
After debate,
Further debate on the consideration of the Report was adjourned until the next sitting in the name of the Honourable Senator Meighen.
Orders No. 3 to 9 were called and postponed until the next sitting.
Order No. 10 was called and pursuant to Rule 27(3) was dropped from the Order Paper.
Other
Orders No. 108 (motion), 15, 17 and 21 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Kolber, seconded by the Honourable Senator Rompkey, P.C.:
That the date for the presentation by the Standing Senate Committee on Banking, Trade and Commerce of the final report on its study on the administration and operation of the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act, which was authorized by the Senate on October 29, 2002, be extended to Thursday, December 18, 2003.
After debate,
The question being put on the motion, it was adopted.
Orders No. 92 (motion) and 22, (inquiry) 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 LaPierre moved, seconded by the Honourable Senator Fraser, that further debate on the inquiry 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 Beaudoin presented the following:
THURSDAY, May 15, 2003
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
THIRD REPORT
In accordance with the decision of the Senate adopting the Second Report of the Standing Committee on Legal and Constitutional Affairs, of November 28, 2002, which had the effect of dividing Bill C-10, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, into two bills, Bill C-10A, An Act to amend the Criminal Code (firearms) and the Firearms Act, and Bill C-10B, An Act to amend the Criminal Code (cruelty to animals), and which permitted your Committee to continue its study of Bill C-10B, your Committee now reports the same with the following amendments:
1. Page 1, clause 2: Replace lines 9 and 10 with the following:
"vertebrate, other than a human being.''.
2. Page 2, clause 2:
(a) Replace line 5 with the following:
"to, or the unnecessary death of, an animal;'',
(b) Delete line 10; and
(c) Reletter paragraphs 182.2 (1)(d) to 182.2 (1)(h) as paragraphs 182.2 (1)(c) to 182.2 (1)(g) and any cross- references thereto accordingly.
3. Page 3, clause 2: Add after line 10 the following:
"(3) No person shall be convicted of an offence under paragraph (1)(a) if the pain, suffering, injury or death is caused in the course of traditional hunting, trapping or fishing practices carried out by a person who is one of the Aboriginal peoples of Canada in any area in which Aboriginal peoples have harvesting rights under or by virtue of existing aboriginal or treaty rights within the meaning of section 35 of the Constitution Act, 1982, and any pain, suffering or injury caused is no more than is reasonably necessary in the carrying out of those traditional practices.''.
4. Page 4, clause 2: Replace lines 22 to 24 with the following:
"182.5 No person shall be convicted of an offence under this Part where he proves that he acted with legal justification or excuse or with colour of right.''.
5. Page 5, clause 2: Replace, in the French version, line 5 with the following:
"perte de l'animal d'assistance policière ou des''.
Your Committee has also made certain observations, which are appended to this report.
Respectfully submitted,
GÉRALD A. BEAUDOIN
Deputy Chair
OBSERVATIONS
to the Third Report of the
Standing Senate Committee on
Legal and Constitutional Affairs
Comments on Bill C-10B, An Act to amend the
Criminal Code (cruelty to animals)
Non-derogation clauses in proposed legislation have become an issue that transcends Bill C-10B. This is a difficult and complex area of law. The Minister of Justice has made a commitment to review the use of non-derogation clauses in federal statutes, and apparently indicated that legislation would be introduced in March 2003 to establish appropriate wording for these clauses and to perhaps remove contentious clauses that have been inserted in recent legislation. Your Committee agrees that this is no longer an issue to be addressed in a piecemeal fashion. There can no longer be a mixed approach to the use and wording of non-derogation clauses when the very intent of these clauses is to provide clarity and certainty to Aboriginal peoples with respect to their constitutional rights. Your Committee therefore intends to follow-up on the Minister of Justice's commitment to deal with this issue. We expect any legislative or other initiative to address this issue to be sent to the Committee for study.
The Honourable Senator Beaudoin moved, seconded by the Honourable Senator Comeau, 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.
ORDERS OF THE DAY
OTHER BUSINESS
Other
Orders No. 91 (motion), 13 (inquiry) 90, 86, 5 (motions), 8, 20 (inquiries), 104 (motion), 9 (inquiry), 4 (motion), 2, 14 (inquiries), 76, 66 (motions), 16 and 6 (inquiries) were called and postponed until the next sitting.
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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 Rompkey, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, May 27, 2003, at 2:00 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Document entitled "Indian Claims Commission: Annual Report 2001-2002''.—Sessional Paper No. 2/37-425.
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 3:16 p.m. the Senate was continued until Tuesday, May 27, 2003, at 2:00 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Biron substituted for that of the Honourable Senator Merchant (May 15).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Atkins substituted for that of the Honourable Senator Spivak (May 15).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Banks and Hubley substituted for those of the Honourable Senators Bryden and Furey (May 15).