Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 75
Thursday, September 18, 2003
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Carney, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Ferretti Barth, Finnerty, Fraser, Gauthier, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kroft, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Massicotte, Meighen, Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, Pépin, Pitfield, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, St. Germain, Sibbeston, Smith, Sparrow, Stratton, Tkachuk, Trenholme Counsell, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Banks, Beaudoin, Biron, Carney, Carstairs, Chalifoux, *Chaput, Christensen, *Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Ferretti Barth, Finnerty, Fraser, Gauthier, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, *Kirby, Kroft, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Massicotte, Meighen, Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, *Pearson, Pépin, *Phalen, Pitfield, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, *Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Stratton, Tkachuk, Trenholme Counsell, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Report of the Privacy Commissioner for the fiscal year ended March 31, 2003, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 40(1).—Sessional Paper No. 2/37-633.
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 Eighth Report (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) without amendment.
The Honourable Senator Day moved, seconded by the Honourable Senator Léger, 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 Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Ninth Report (Bill S-10, An Act concerning personal watercraft in navigable waters) without amendment.
The Honourable Senator Banks 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.
The Honourable Senator Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Tenth Report (Bill C-42, An Act respecting the protection of the Antarctic Environment) without amendment.
The Honourable Senator Christensen moved, seconded by the Honourable Senator Sibbeston, 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-250, An Act to amend the Criminal Code (hate propaganda), to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Kinsella, 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 Cordy tabled the following:
Report of the Canadian NATO Parliamentary Association respecting its participation at the Spring Session of the NATO Parliamentary Assembly, held in Prague, Czech Republic, from May 24 to 28, 2003.—Sessional Paper No. 2/ 37-634.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Bryden, seconded by the Honourable Senator Pearson, for the second reading of Bill C-35, An Act to amend the National Defence Act (remuneration of military judges).
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Milne, 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.
Order No. 1 was called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
The Order was called to resume the debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Gill, for the second reading of Bill S-20, An Act to amend the Copyright Act.
SPEAKER'S RULING
On Wednesday, September 17, Senator Kinsella raised a point of order during the second reading debate on Bill S- 20 seeking to amend the Copyright Act. He asked Senator Day, the sponsor of the bill, whether the bill might require a royal recommendation. By way of reply, Senator Day stated that he had not considered the matter. He did suggest, however, that the issue could be assessed during committee study of Bill S-20.
A short time later, Senator Corbin intervened and explained that following his reading of the bill, there was nothing entailing an appropriation that would trigger the need for a royal recommendation. He also asked whether the need for a royal recommendation was to become an automatic question that would be put to the Speaker anytime a Senate bill was introduced.
After some additional comments, I agreed to consider the point of order and bring back a ruling as soon as possible after giving myself time to read the bill.
In answering the point of order, I, as Speaker, was obliged to review the text of the bill in order to identify, if possible, any clause authorizing a new appropriation of money from the Consolidated Revenue Fund. The question is important because bills that have a royal recommendation are introduced in the House of Commons, not the Senate. In the event, the task of review was not particularly arduous since the bill is just 6 short clauses. Bill S-20 deals with copyright and the application of certain provisions dealing with the term of a copyright in certain circumstances. While it is true that two government departments are involved, this in itself does not mean that a royal recommendation is needed. Based on my assessment of Bill S-20, I have determined that no royal recommendation is required.
As to the suggestion posed by Senator Corbin whether it is going to be an automatic procedure to ask the Speaker to review the content of legislation to determine the need for a royal recommendation, I am in the Senate's hands. At the moment, no such procedure exists and I am unclear about its utility. However, if the Senate were to institute a practice on this, as Speaker I would be bound to follow it.
As it is, there is no point of order and debate on second reading can proceed.
The Honourable Senator Beaudoin moved, seconded by the Honourable Senator Andreychuk, that debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Gill, for the second reading of Bill S-20, be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 to 7 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 13 were called and postponed until the next sitting.
Other
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Moore:
That the Standing Senate Committee on Energy, the Environment and Natural Resources be empowered, in accordance with Rule 95(3)(a), to sit during the traditional summer adjournment of 2003, even though the Senate may then be adjourned for a period exceeding one week, until such time as the Senate is ordered to return.
After debate,
With leave of the Senate and pursuant to Rule 30, the motion was withdrawn.
Order No. 66 (motion) was called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Moore calling the attention of the Senate to the matter of research funding in Canadian universities from federal sources.
After debate,
The Honourable Senator Stratton for the Honourable Senator Kinsella moved, seconded by the Honourable Senator Atkins, 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 motion, as modified, of the Honourable Senator Fraser, seconded by the Honourable Senator Morin:
That the Standing Senate Committee on Transport and Communications be empowered, in accordance with Rule 95(3)(a), to sit as of September 2, 2003, even though the Senate may then be adjourned for a period exceeding one week, until such time as the Senate is ordered to return.
After debate,
With leave of the Senate and pursuant to Rule 30, the motion, as modified, was withdrawn.
Orders No. 104, 86 (motions), 9 (inquiry), 130 (motion), 2, 14 (inquiries) 121, 122 (motions), 16 (inquiry), 115 (motion), 6, 11, 15, 21 (inquiries) and 92 (motion) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Beaudoin calling the attention of the Senate to a possible new constitution for Iraq.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Nolin, 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 motion of the Honourable Senator Meighen, seconded by the Honourable Senator Robertson:
That the Senate Committee on National Security and Defence be authorized to undertake a study on:
(a) the services and benefits provided to veterans of war and peacekeeping missions in recognition of their services to Canada, in particular examining:
-access to priority beds for veterans in community hospitals;
-availability of alternative housing and enhanced home care;
-standardization of services throughout Canada;
-monitoring and accreditation of long term care facilities;
(b) the commemorative activities undertaken by the Department of Veterans Affairs to keep alive for all Canadians the memory of the veterans achievements and sacrifices; and
(c) the need for an updated Veterans Charter to outline the right to preventative care, family support, treatment and re-establishment benefits;
That the Committee report no later than June 30, 2004.
After debate,
The question being put on the motion, it was adopted.
___________________________________________________________
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 Milne:
That when the Senate adjourns today, it do stand adjourned until Tuesday, September 23, 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):
Reports of Statistics Canada 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. 2/37-631.
Reports of the Department of Human Resources Development 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. 2/37-632.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Milne:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 2:58 p.m. the Senate was continued until Tuesday, September 23, 2003, at 2:00 p.m.)
___________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Massicotte substituted for that of the Honourable Senator Setlakwe (September 17).
Standing Senate Committee on National Finance
The names of the Honourable Senators Beaudoin and Kinsella substituted for those of the Honourable Senators Doody and Comeau (September 17).