52 Elizabeth II, A.D. 2003, Canada

Journals of the Senate

2nd Session, 37th Parliament

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Issue 62

Wednesday, June 4, 2003
1:30 p.m.

The Honourable Daniel Hays, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, 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, Mahovlich, Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Robertson, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, St. Germain, Stollery, Stratton, Tkachuk, Watt

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, 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, Mahovlich, Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, *Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Robertson, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

ANSWERS TO WRITTEN QUESTIONS

Pursuant to Rule 25(2), the Honourable Senator Robichaud, P.C., tabled the following:

Replies to Questions No. 71 and 72, dated February 25, 2003, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act—Department of Veterans Affairs.—Sessional Paper No. 2/37-463S.

Reply to Question No. 85, dated February 25, 2003, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act—Department of Foreign Affairs and International Trade.—Sessional Paper No. 2/37-369S.

Reply to Question No. 111, dated March 18, 2003, appearing on the Order Paper in the name of the Honourable Senator Stratton, respecting the Old Age Security Act.—Sessional Paper No. 2/37-464S.

Reply to Question No. 112, dated March 18, 2003, appearing on the Order Paper in the name of the Honourable Senator Stratton, respecting heritage buildings.—Sessional Paper No. 2/37-465S.

Reply to Question No. 113, dated March 18, 2003, appearing on the Order Paper in the name of the Honourable Senator Stratton, respecting new national parks and marine conservation areas.—Sessional Paper No. 2/37-466S.

Reply to Question No. 115, dated March 18, 2003, appearing on the Order Paper in the name of the Honourable Senator Stratton, respecting the National Archives and the National Library.—Sessional Paper No. 2/37-467S.

Reply to Question No. 123, dated April 2, 2003, appearing on the Order Paper in the name of the Honourable Senator Kinsella, respecting Canada Customs and Revenue Agency.—Sessional Paper No. 2/37-468S.

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With leave,

The Senate reverted to Presentation of Reports From Standing or Special Committees.

The Honourable Senator Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Eighth Report (Bill C-9, An Act to amend the Canadian Environmental Assessment Act) without amendment.

The Honourable Senator Kenny moved, seconded by the Honourable Senator Losier-Cool, 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.

ORDERS OF THE DAY

Ordered, That Order No. 108 (motion) under OTHER BUSINESS, Other be brought forward.

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,

And on the motion in amendment of the Honourable Senator Carney, P.C., 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 question being put on the motion in amendment, it was negatived on division.

The question then being put on the main motion, it adopted on division.

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Robichaud, P.C., for the second reading of Bill C-28, An Act to implement certain provisions of the budget tabled in Parliament on February 18, 2003.

After debate,

The question being put on the motion, it was adopted.

The Bill was then read the second time.

The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that the Bill be referred to the Standing Senate Committee on National Finance.

The question being put on the motion, it was adopted.

Motions

The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:

That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine and report on the implications of including, in legislation, non-derogation clauses relating to existing aboriginal and treaty rights of the aboriginal peoples of Canada under s.35 of the Constitution Act, 1982; and

That the Committee present its report no later than December 31, 2003.

After debate,

The Honourable Senator Nolin moved, seconded by the Honourable Senator Stratton, 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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Ordered, That all remaining Orders be postponed until the next sitting.

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 3:42 p.m. the Senate was continued until 1:30 p.m. tomorrow.)

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