Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 63
Thursday, June 5, 2003
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Di Nino, Doody, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Di Nino, Doody, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, *Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-9, An Act to amend the Canadian Environmental Assessment Act.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Banks, that the Bill be read the third time.
After debate,
The question being put on the motion, 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.
Second reading of Bill C-31, An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act.
The Honourable Senator Morin moved, seconded by the Honourable Senator Furey, that the Bill be read the second time.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Atkins 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.
Second reading of Bill C-25, An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that the Bill be read the second time.
After debate,
The Honourable Senator Bolduc moved, seconded by the Honourable Senator Spivak, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill C-39, An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be read the second time.
After debate,
The Honourable Senator Lynch-Staunton 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.
Motions
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Consideration of the Sixth Report of the Standing Senate Committee on National Finance (Second Interim Report on the 2003-2004 Estimates) presented in the Senate on May 27, 2003.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Di Nino, that the Report be adopted.
After debate,
The Honourable Senator Bolduc moved, seconded by the Honourable Senator Eyton, that further debate on the motion be adjourned until 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 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Kinsella, seconded by the Honourable Senator Murray, P.C., for the second reading of S-6, An Act to assist in the prevention of wrongdoing in the Public Service by establishing a framework for education on ethical practices in the workplace, for dealing with allegations of wrongdoing and for protecting whistleblowers.
After debate,
The Honourable Senator Kinsella 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.
Order No. 7 was called and postponed until the next sitting.
Order No. 8 (Bill S-15) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
Order No. 9 was called and postponed until the next sitting.
Commons Public Bills
Second reading of Bill C-249, An Act to amend the Competition Act.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Cook, that the Bill be read the second time.
After debate,
The Honourable Senator Stratton for the Honourable Senator Eyton moved, seconded by the Honourable Senator Di Nino, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Private Bills
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill S-21, An Act to amalgamate the Canadian Association of Insurance and Financial Advisors and The Canadian Association of Financial Planners under the name The Financial Advisors Association of Canada.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Mahovlich, that the Bill be read the second time.
After debate,
The Honourable Senator Lynch-Staunton 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.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Consideration of the Fourth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S- 5, An Act respecting a National Acadian Day, with amendments) presented in the Senate on June 3, 2003.
The Honourable Senator Furey moved, seconded by the Honourable Senator Comeau, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Losier-Cool, that the Bill, as amended, be read the third time now.
After debate,
The question being put on the motion, it was adopted.
The Bill, as amended, was then read the third time and passed.
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.
Orders No. 4 to 9 were called and postponed until the next sitting.
Consideration of the Fourth Report of the Standing Senate Committee on Human Rights entitled: Enhancing Canada's Role in the OAS: Canadian Adherence to the American Convention on Human Rights, tabled in the Senate on May 28, 2003.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Morin, 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
Resuming debate on the motion of the Honourable Senator Di Nino, 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 Prud'homme, P.C., moved, seconded by the Honourable Senator Ringuette, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 16 (inquiry), 115 (motion), 17, 6, 11, 15, 21 (inquiries), 92 (motion), 22 (inquiry), 91 and 86 (motions) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Kirby:
That the Senate urge the Government of Canada to establish September 11 of this and every year hereafter as a commemorative day throughout Canada, to be known as "America Day in Canada.''
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Cook, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 8, 20 (inquiries), 104 (motion), 9 (inquiry) and 4 (motion) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Nolin calling the attention of the Senate to the findings contained in the Report of the Special Committee of the Senate on Illegal Drugs entitled "Cannabis: Our Position for a Canadian Public Policy'', deposited with the Clerk of the Senate in the First Session of the Thirty-seventh Parliament, on September 3, 2002.
After debate,
The Honourable Senator Banks 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.
Resuming debate on the inquiry of the Honourable Senator Gauthier calling the attention of the Senate to the important role of culture in Canada and the image that we project abroad.
After debate,
The Honourable Senator Biron for the Honourable Senator Poulin moved, seconded by the Honourable Senator Chalifoux, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 76 (motion) was called and postponed until the next sitting.
Resuming debate on the motion, as modified, of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C.:
That the following resolution, encapsulating the 2002 Berlin OSCE (PA) Resolution, be referred to the Standing Senate Committee on Human Rights for consideration and report before June 30, 2003:
WHEREAS Canada is a founding member State of the Organization for Security and Economic Co-operation in Europe (OSCE) and the 1975 Helsinki Accords;
WHEREAS all the participating member States to the Helsinki Accords affirmed respect for the right of persons belonging to national minorities to equality before the law and the full opportunity for the enjoyment of human rights and fundamental freedoms and further that the participating member States recognized that such respect was an essential factor for the peace, justice and well-being necessary to ensure the development of friendly relations and co-operation between themselves and among all member States;
WHEREAS the OSCE condemned anti-Semitism in the 1990 Copenhagen Concluding Document and undertook to take effective measures to protect individuals from anti-Semitic violence;
WHEREAS the 1996 Lisbon Concluding Document of the OSCE called for improved implementation of all commitments in the human dimension, in particular with respect to human rights and fundamental freedoms and urged participating member States to address the acute problem of anti-Semitism;
WHEREAS the 1999 Charter for European Security committed Canada and other participating members States to counter violations of human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief and manifestations of intolerance, aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism;
WHEREAS on July 8, 2002, at its Parliamentary Assembly held at the Reichstag in Berlin, Germany, the OSCE passed a unanimous resolution, as appended, condemning the current anti-Semitic violence throughout the OSCE space;
WHEREAS the 2002 Berlin Resolution urged all member States to make public statements recognizing violence against Jews and Jewish cultural properties as anti-Semitic and to issue strong, public declarations condemning the depredations;
WHEREAS the 2002 Berlin Resolution called on all participating member States to combat anti-Semitism by ensuring aggressive law enforcement by local and national authorities;
WHEREAS the 2002 Berlin Resolution urged participating members States to bolster the importance of combating anti-Semitism by exploring effective measures to prevent anti-Semitism and by ensuring that laws, regulations, practices and policies conform with relevant OSCE commitments on anti-Semitism;
WHEREAS the 2002 Berlin Resolution also encouraged all delegates to the Parliamentary Assembly to vocally and unconditionally condemn manifestations of anti-Semitic violence in their respective countries;
WHEREAS the alarming rise in anti-Semitic incidents and violence has been documented in Canada, as well as Europe and worldwide.
Appendix
RESOLUTION ON ANTI-SEMITIC VIOLENCE
IN THE OSCE REGION
Berlin, 6 - 10 July 2002
1. Recalling that the OSCE was among those organizations which publicly achieved international condemnation of anti-Semitism through the crafting of the 1990 Copenhagen Concluding Document;
2. Noting that all participating States, as stated in the Copenhagen Concluding Document, commit to "unequivocally condemn'' anti-Semitism and take effective measures to protect individuals from anti-Semitic violence;
3. Remembering the 1996 Lisbon Concluding Document, which highlights the OSCE's "comprehensive approach'' to security, calls for "improvement in the implementation of all commitments in the human dimension, in particular with respect to human rights and fundamental freedoms'', and urges participating States to address "acute problems'', such as anti-Semitism;
4. Reaffirming the 1999 Charter for European Security, committing participating States to "counter such threats to security as violations of human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief and manifestations of intolerance, aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism'';
5. Recognizing that the scourge of anti-Semitism is not unique to any one country, and calls for steadfast perseverance by all participating States;
The OSCE Parliamentary Assembly:
6. Unequivocally condemns the alarming escalation of anti-Semitic violence throughout the OSCE region;
7. Voices deep concern over the recent escalation in anti-Semitic violence, as individuals of the Judaic faith and Jewish cultural properties have suffered attacks in many OSCE participating States;
8. Urges those States which undertake to return confiscated properties to rightful owners, or to provide alternative compensation to such owners, to ensure that their property restitution and compensation programmes are implemented in a non-discriminatory manner and according to the rule of law;
9. Recognizes the commendable efforts of many post-communist States to redress injustices inflicted by previous regimes based on religious heritage, considering that the interests of justice dictate that more work remains to be done in this regard, particularly with regard to individual and community property restitution compensation;
10. Recognizes the danger of anti-Semitic violence to European security, especially in light of the trend of increasing violence and attacks regions wide;
11. Declares that violence against Jews and other manifestations of intolerance will never be justified by international developments or political issues, and that it obstructs democracy, pluralism, and peace;
12. Urges all States to make public statements recognizing violence against Jews and Jewish cultural properties as anti-Semitic, as well as to issue strong, public declarations condemning the depredations;
13. Calls upon participating States to ensure aggressive law enforcement by local and national authorities, including thorough investigation of anti-Semitic criminal acts, apprehension of perpetrators, initiation of appropriate criminal prosecutions and judicial proceedings;
14. Urges participating States to bolster the importance of combating anti-Semitism by holding a follow-up seminar or human dimension meeting that explores effective measures to prevent anti-Semitism, and to ensure that their laws, regulations, practices and policies conform with relevant OSCE commitments on anti- Semitism; and
15. Encourages all delegates to the Parliamentary Assembly to vocally and unconditionally condemn manifestations of anti-Semitic violence in their respective countries and at all regional and international forums.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion, as modified, be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Kenny moved, seconded by the Honourable Senator Losier-Cool:
That the Standing Senate Committee on National Security and Defence be empowered, in accordance with Rule 95(3)(a), to sit during the adjournment, even though the Senate may then be adjourned for a period exceeding one week.
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 National Security and Defence be empowered, in accordance with Rule 95(3)(a), to sit during the traditional summer adjournment, even though the Senate may then be adjourned for a period exceeding one week, until such time as the Senate returns.
After debate,
With leave of the Senate and pursuant to Rule 30, the motion was further modified to read as follows:
That the Standing Senate Committee on National Security and Defence be empowered, in accordance with Rule 95(3)(a), to sit during the summer adjournment, even though the Senate may then be adjourned for a period exceeding one week, until such time as the Senate returns in September of 2003.
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Di Nino, that further debate on the motion, as modified, be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Moore:
That the Standing Senate Committee on National Security and Defence be permitted, not withstanding usual practices, to deposit such interim reports that it may have ready during the adjournment, and that the reports be deemed to have been tabled in the Chamber.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., 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 Moore for the Honourable Senator Kolber moved, seconded by the Honourable Senator Prud'homme, 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 present state of the domestic and international financial system, which was authorized by the Senate on October 23, 2002, be extended to March 31, 2004.
The question being put on the motion, it was adopted.
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Kenny:
That, in accordance with paragraph 58(1)(g) of the Rules, the Third Report of the Standing Senate Committee on Official Languages, tabled in the Senate this past May 28, be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Moore moved, seconded by the Honourable Senator Lynch-Staunton:
That the Senate of Canada extend its congratulations and best wishes to the Town of Lunenburg, Nova Scotia, its Mayor, Councillors and Townsfolk upon the 250th anniversary of it is founding, which is to be celebrated on Saturday, the 7th day of June, 2003.
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 Rompkey, P.C.:
That when the Senate adjourns today, it do stand adjourned until Monday, June 9, 2003, at 6:01 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):
Summaries of the Corporate Plan for 2003-2004 to 2007-2008 and of the Operating and Capital Budgets and of the Borrowing Plan for 2003-2004 of the Canadian Commercial Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-469.
Report of the National Defence and Canadian Forces Ombudsman for the fiscal year ended March 31, 2003. —Sessional Paper No. 2/37-470.
Report of the Roosevelt Campobello International Park Commission, together with the Auditor's Report, for the year 2002, pursuant to the Roosevelt Campobello International Park Commission Act, S.C. 1964-65, c. 19, s. 7.—Sessional Paper No. 2/37-471.
Reports of Canada Mortgage and Housing Corporation 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- 472.
Reports of the Office of the Superintendent of Financial Institutions 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. 2/37-473.
Report on Northern oil and gas for the year 2002, pursuant to the Canada Petroleum Resources Act, R.S.C. 1985, c. 36 (2nd Supp.), s. 109.—Sessional Paper No. 2/37-474.
Reports of the Yukon Territory Water 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. 2/37-475.
Reports of the Northwest Territories Water 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. 2/37-476.
Reports of the Yukon Surface Rights 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. 2/37-477.
Reports of the Mackenzie Valley Environmental Impact Review 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. 2/37-478.
Report of the Review of the Canada Marine Act, pursuant to the Act, S.C. 1998, c. 10, s. 144.—Sessional Paper No. 2/37-479.
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 6:00 p.m. the Senate was continued until Monday, June 9, 2003, at 6:01 p.m.)