Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 58
Tuesday, May 27, 2003
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Buchanan, Callbeck, Carstairs, Chalifoux, Chaput, Comeau, Cook, Cools, Corbin, De Bané, Di Nino, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Merchant, Milne, Moore, Morin, Murray, Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Smith, Sparrow, Spivak, 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, Callbeck, Carstairs, Chalifoux, Chaput, Comeau, Cook, Cools, Corbin, *Cordy, *Day, De Bané, Di Nino, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, *Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Merchant, Milne, Moore, Morin, Murray, *Nolin, Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Smith, Sparrow, Spivak, *Stollery, Stratton, Tkachuk, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Pursuant to Rule 43(7), the Honourable Senator Comeau gave notice that he would raise a question of privilege stemming from the unauthorized disclosure of a confidential draft report of the Standing Senate Committee on Fisheries and Oceans.
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Murray, P.C., Chair of the Standing Senate Committee on National Finance, presented its Sixth Report (Second Interim Report on the 2003-2004 Estimates).
(The Report is printed as an Appendix)
The Honourable Senator Murray, P.C., 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.
Notices of Motions
With leave of the Senate,
The Honourable Senator Moore moved, seconded by the Honourable Senator Wiebe:
That the Standing Joint Committee for the Scrutiny of Regulations be authorized to permit coverage by electronic media of its public proceedings on Thursday, May 29, 2003, with the least possible disruption of its hearings.
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 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 question being put on the motion, it was adopted on division.
The Bill was then read the third time and passed, on division.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate have passed this bill, to which they desire their concurrence.
Third reading of Bill C-15, An Act to amend the Lobbyists Registration Act, as amended.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Milne, that the Bill, as amended, be read the third time.
After debate,
In amendment, the Honourable Senator Di Nino moved, seconded by the Honourable Senator Murray, P.C., that the Bill, as amended, be not now read a third time but that it be further amended in clause 3, on page 2, by adding after line 18, the following:
"(3) Section 4 of the Act is amended by adding the following after subsection (2):
(2.1) The Governor in Council shall make regulations respecting the meaning of the word "information'' and specifying any circumstances under which a communication shall be considered not to be restricted to a request for information, for the purposes of paragraph (2)(c).
(2.2) Before the Governor in Council makes regulations under subsection (2.1), the proposed regulations shall be laid before each House of Parliament and shall be referred to the committee of each House that may be designated or established for that purpose.
(2.3) The Governor in Council may make regulations under subsection (2.1) only if
(a) neither House has concurred in any report from a committee respecting the proposed regulations within thirty sitting days following the day on which the proposed regulations were laid before the House, in which case the regulations may only be made in the form laid;
(b) both Houses have concurred in a report from a committee approving the proposed regulations, in which case the regulations may only be made in the form concurred in; or
(c) either House has concurred in a report from a committee approving an amended version of the regulations and the other House has concurred in that amended version, in which case the regulations may only be made in the form concurred in.
(2.4) For the purpose of subsection (2.3), "sitting day'' means, in respect of either House of Parliament, a day on which the House sits.''.
After debate,
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Joyal, 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 adopted.
Reports of Committees
Consideration of the Third Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C- 10B, An Act to amend the Criminal Code (cruelty to animals) with amendments) presented in the Senate on May 15, 2003.
The Honourable Senator Furey moved, seconded by the Honourable Senator Gill, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted on division.
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Furey, 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.
MESSAGE FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-28, An Act to implement certain provisions of the budget tabled in Parliament on February 18, 2003, 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 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.
Reports of Committees
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting, on division.
Orders No. 2 to 9 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Private Bills
Second reading of Bill S-19, An Act respecting Scouts Canada.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Jaffer, that the Bill be read the second time.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Morin, 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
Orders No. 1 to 9 were called and postponed until the next sitting.
Other
Orders No. 11 (inquiry), 108 (motion) and 15 (inquiry) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Lynch-Staunton calling 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 Robertson moved, seconded by the Honourable Senator Di Nino, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 21 (inquiry), 92 (motion), 22, (inquiry), 91 (motion) and 13 (inquiry) 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 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 question being put on the motion, it was adopted.
Orders No. 86, 5 (motions), 8, 20 (inquiries), 104 (motion), 9 (inquiry), 4 (motion), 2, 14 (inquiries), 76, 66 (motions) and 16 (inquiry) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Oliver calling the attention of the Senate to the findings contained in the report of the Standing Senate Committee on Agriculture and Forestry entitled Canadian Farmers at Risk, tabled in the Senate on June 13, 2002, during the First Session of the Thirty-seventh Parliament.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Forrestall, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
QUESTION OF PRIVILEGE
Pursuant to Rule 43(8), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Comeau stemming from the unauthorized disclosure of a confidential draft report of the Standing Senate Committee on Fisheries and Oceans.
Debate.
SPEAKER'S RULING
I wish to confirm my understanding that this leak of information as described by the Honourable Senator Comeau occurred during the break week. This is timely, both in that respect and in respect to the notice given and the proceedings that we have taken today, including the honourable senator's notice during Senators' Statements and his comments at this time.
I do not intend to spend much time on this matter because there are a number of precedents. Whenever there has been an incident like this, it has been found that that constitutes a prima facie case of privilege.
In this case, Honourable Senator Comeau recommends that we proceed as provided for in appendix IV to the Rules of the Senate. We also have the benefit of having done that on one previous occasion with respect to a leaked report from Standing Senate Committee on Banking, Trade and Commerce.
Accordingly, I find that there is a prima facie case and that this matter should proceed in accordance with our rules. That means that the Fisheries and Oceans Committee should now carry out an investigation and bring a report back to the Senate as a whole, which is a debatable report. That report may or may not be referred to our Standing Committee on Rules, Procedures and the Rights of Parliament.
MOTIONS
The Honourable Senator Maheu moved, seconded by the Honourable Senator Ferretti Barth:
That the Standing Senate Committee on Human Rights be authorized to hear from time to time witnesses, including both individuals and representatives from organizations, with specific human rights concerns; and
That the Committee report to the Senate from time to time and table its final report no later than March 31, 2004.
The question being put on the motion, it was adopted.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Atkins:
That the Senate call on the Government of Canada to support the request of the Government of Taiwan to obtain observer status at the World Health Organization (WHO).
After debate,
The Honourable Senator Poy moved, seconded by the Honourable Senator Pearson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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 5:32 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 Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Milne substituted for that of the Honourable Senator Corbin (May 13).
The names of the Honourable Senators Furey, Bryden and Smith substituted for those of the Honourable Senators Hubley, Banks and Milne (May 23).
The name of the Honourable Senator Buchanan substituted for that of the Honourable Senator Stratton (May 26).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Forrestall substituted for that of the Honourable Senator Johnson (May 15).
The name of the Honourable Senator Spivak substituted for that of the Honourable Senator Atkins (May 20).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Smith substituted for that of the Honourable Senator Fairbairn (May 23).
The name of the Honourable Senator Fairbairn substituted for that of the Honourable Senator Fraser (May 26).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Christensen substituted for that of the Honourable Senator Hubley (May 23).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Chaput (May 23).
Standing Senate Committee on Foreign Affairs
The name of the Honourable Senator Graham substituted for that of the Honourable Senator Day (May 26).