Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 69
Monday, June 16, 2003
6:01 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Keon, Kinsella, LeBreton, Léger, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Pearson, Pépin, Phalen, Prud'homme, Ringuette, Robertson, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Spivak, Stollery, Tkachuk, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Keon, Kinsella, *Kirby, *LaPierre, LeBreton, Léger, Maheu, Mahovlich, Meighen, Milne, Moore, Morin, Murray, Nolin, Pearson, Pépin, Phalen, Prud'homme, Ringuette, Robertson, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Spivak, Stollery, Tkachuk, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Pursuant to Rule 43(7), the Honourable Senator Murray, P.C., gave notice that he would raise a question of privilege concerning the untenable position of an officer of Parliament, namely Privacy Commissioner George Radwanski, of the employees of that Office, and of Parliament itself due to the failure of the government to accept its responsibility and take a timely parliamentary initiative to deal with accusations made against Mr. Radwanski by a committee of the House of Commons.
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
Document entitled: Government On-Line 2003.—Sessional Paper No. 2/37-522.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Cook, Deputy Chair of the Standing Senate Committee on Fisheries and Oceans, tabled its Fifth Report entitled: Straddling Fish Stocks in the Northwest Atlantic.—Sessional Paper No. 2/37-523S.
The Honourable Senator Cook moved, seconded by the Honourable Senator Bryden, 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 Forrestall, Deputy Chair of the Standing Senate Committee on National Security and Defence, presented its Eleventh Report (Bill C-31, An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act) without amendment.
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Atkins, 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 Forrestall, Deputy Chair of the Standing Senate Committee on National Security and Defence, presented its Twelfth Report (Bill C-44, An Act to compensate military members injured during service) without amendment.
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Wiebe, 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.
First Reading of Commons Public Bills
A Message was brought from the House of Commons with a Bill C-205, An Act to amend the Statutory Instruments Act (disallowance procedure for regulations), 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Rompkey, P.C., for the second reading of Bill C-24, An Act to amend the Canada Elections Act and the Income Tax Act (political financing).
After debate,
The question being put on the motion, it was adopted on division.
The Bill was then read the second time, on division.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Robichaud, P.C., for the third reading of Bill C-28, An Act to implement certain provisions of the budget tabled in Parliament on February 18, 2003.
After debate,
In amendment, the Honourable Senator Nolin moved, seconded by the Honourable Senator Murray, P.C., that the Bill be not now read a third time but that it be amended in clause 64, on page 55,
(a) by deleting lines 11 to 39; and
(b) by renumbering clauses 65 to 130 as clauses 64 to 129, and any cross-references thereto accordingly.
After debate,
A point of order was raised as to the acceptability of the motion in amendment.
After debate,
The Speaker reserved his decision.
Reports of Committees
Consideration of the Fourth Report (Revised) of the Standing Senate Committee on Aboriginal Peoples (Bill C-6, An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts, with amendments) presented in the Senate on June 12, 2003.
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Adams, that the Report be adopted.
After debate,
The Honourable Senator Atkins for the Honourable Senator Stratton moved, seconded by the Honourable Senator Andreychuk, 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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With leave,
The Senate reverted to Notices of Motions.
With leave of the Senate,
The Honourable Senator Furey moved, seconded by the Honourable Senator Gill:
That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit at 3:30 p.m. on Tuesday, June 17, 2003, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 3 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Bolduc, seconded by the Honourable Senator Cochrane, for the second reading of Bill S-17, An Act respecting the Canadian International Development Agency, to provide in particular for its continuation, governance, administration and accountability.
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Ferretti Barth, 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 7 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
Orders No. 1 to 9 were called and postponed until the next sitting.
Other
Orders No. 104, 86 (motions), 9 (inquiry), 130, 126, 5 (motions), 2, 14 (inquiries), 66, 121, 122 (motions), 16 (inquiry), 115 (motion), 17, 6, 11, 15, 21 (inquiries), 92 (motion), 22 (inquiry) and 91 (motion) were called and postponed until the next sitting.
QUESTION OF PRIVILEGE
Pursuant to Rule 43(8), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Murray, P.C., concerning the untenable position of an officer of Parliament, namely Privacy Commissioner George Radwanski, of the employees of that Office, and of Parliament itself due to the failure of the government to accept its responsibility and take a timely parliamentary initiative to deal with accusations made against Mr. Radwanski by a committee of the House of Commons.
After debate,
The Speaker reserved his decision.
MOTIONS
The Honourable Senator Comeau moved, seconded by the Honourable Senator Beaudoin:
That the Senate Standing Committee on Fisheries and Oceans be authorized to examine and report upon the matters relating to quota allocations and benefits to Nunavut and Nunavik fishermen; and
That the Committee table its final report no later than March 31, 2004.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Draft regulations concerning: Regulations Amending the Gun Shows Regulations (JUS-601736), Regulations Amending the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations (JUS-601739), Regulations Amending the Firearms Registration Certificates Regulations (JUS-601740), Regulations Amending the Storage, Display and Transportation of Firearms and other Weapons by Businesses Regulations (JUS-601741), Regulation Repealing the Non-Prohibited Ammunition Transfer Document Regulations (JUS-602139), Regulations Amending the Conditions of Transferring Firearms and other Weapons Regulations (JUS-602140), Regulations Amending the Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations (JUS-602142), Regulations Amending the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations (JUS- 602143), Regulations amending the Shooting Clubs and Shooting Ranges Regulations (JUS-602145), Regulations Amending the Firearms Licences Regulations (JUS-602241), Regulations amending the Public Agents Firearms Regulations (JUS-603911), Regulations Amending the Authorization to Export or Import Firearms Regulations (Businesses) (JUS-603925), Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals) (JUS-603926), Firearms Marking Regulations (JUS-604687) and Regulations Amending the Firearms Fees Regulations (JUS-604688), pursuant to An Act respecting firearms and other weapons, S.C. 1995, c. 39, sbs. 118(1).—Sessional Paper No. 2/37-516.
Report of the Royal Canada Mounted Police Public Complaints Commission for the fiscal year ended March 31, 2003, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. 8 (2nd Supp.), s. 16.—Sessional Paper No. 2/37-517.
Report of the Communications Security Establishment Commissioner for the fiscal year ended March 31, 2003, pursuant to the National Defence Act, S.C. 2001, c. 41, sbs. 273.63(3).—Sessional Paper No. 2/37-518.
Reports of the Department of National Defence and the Canadian Forces 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. 2/37-519.
Reports of the Canadian Forces Grievance 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. 2/37-520.
Report of the Patented Medicine Prices Review Board for the year ended December 31, 2002, pursuant to the Patent Act, S.C. 1993, c. 2, s. 7.—Sessional Paper No. 2/37-521.
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 9:55 p.m. the Senate was continued until 2:00 p.m. tomorrow.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Human Rights
The name of the Honourable Senator Ferretti Barth substituted for that of the Honourable Senator Joyal (June 16).
Standing Senate Committee on National Finance
The names of the Honourable Senators Doody, Furey and Maheu substituted for those of the Honourable Senators Beaudoin, Merchant and Moore (June 16).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Buchanan, Bryden and Baker substituted for those of the Honourable Senators Stratton, Wiebe and Cordy (June 16).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Cook (June 16).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Gill substituted for that of the Honourable Senator Fraser (June 16).