Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 78
Thusrday, September 25, 2003
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Austin, Bacon, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Day, De Bané, Doody, Downe, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Graham, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, LeBreton, Losier-Cool, Lynch-Staunton, Mahovlich, Massicotte, Merchant, Milne, Moore, Morin, Murray, Oliver, Phalen, Plamondon, Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Sibbeston, Sparrow, Stollery, Stratton, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, *Atkins, Austin, Bacon, *Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Comeau, Cook, Cools, Corbin, *Cordy, Day, De Bané, *Di Nino, Doody, Downe, Ferretti Barth, Finnerty, *Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, *Kenny, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, LeBreton, Losier-Cool, Lynch-Staunton, Mahovlich, Massicotte, *Meighen, Merchant, Milne, Moore, Morin, Murray, Oliver, *Pearson, *Pépin, Phalen, Plamondon, Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Sibbeston, *Smith, Sparrow, *Spivak, Stollery, Stratton, Trenholme Counsell, Watt, *Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon presented the following:
THURSDAY, September 25, 2003
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SIXTEENTH REPORT
Your Committee recommends the following:
- that an increase of 2.5% to the salary ranges of the Senate senior management employees (Senior Executive Group level 1-3 and Middle Management Group level 2) be awarded effective April 1, 2003;
- that one day of personal leave per year be granted to incumbents of SEG positions, in the fiscal year 2003-2004.
Respectfully submitted,
LISE BACON
Chair
The Honourable Senator Bacon moved, seconded by the Honourable Senator Losier-Cool, 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 Comeau, Chair of the Standing Senate Committee on Fisheries and Oceans presented its Sixth Report (budget—study on Nunavut and Nunavik quotas and benefits).
(The Report is printed as Appendix "A'' )
The Honourable Senator Comeau moved, seconded by the Honourable Senator Beaudoin, 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 LaPierre, Member of the Standing Senate Committee on Human Rights presented its Fifth Report (budget—study to hear witnesses with specific human rights concerns).
(The Report is printed as Appendix "B'')
The Honourable Senator LaPierre moved, seconded by the Honourable Senator Furey, 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 Kroft, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Thirteenth Report (budget—release of additional funds (study on Bankruptcy and Insolvency)).
(The Report is printed as Appendix "C'')
The Honourable Senator Kroft moved, seconded by the Honourable Senator Moore, 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.
MESSAGE FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons in the following words:
THURSDAY, September 25, 2003
IT WAS ORDERED,—That the Standing Joint Committees be composed of the Members listed below:
Library of Parliament
Members: Bélanger, Bennett, Bertrand, Catterall, Gagnon (Champlain), Grey, Karygiannis, Keddy, Lill, Pickard, Plamondon, Saada, Skelton, Stinson, St-Julien, Telegdi—(16)
Associate Members: Abbott, Ablonczy, Anders, Anderson (Cypress Hills—Grasslands), Bachand (Richmond— Arthabaska), Bailey, Barnes (Gander—Grand Falls), Benoit, Borotsik, Breitkreuz, Brison, Burton, Cadman, Casey, Casson, Chatters, Clark, Cummins, Davies, Day, Doyle, Duncan, Elley, Epp, Fitzpatrick, Forseth, Gallant, Goldring, Gouk, Grewal, Hanger, Harper, Harris, Hearn, Herron, Hill (Macleod), Hill (Prince George—Peace River), Hilstrom, Hinton, Jaffer, Johnston, Kenney, Lunn, Lunney, Mackay (Pictou— Antigonish—Guysborough), Mark, Martin (Esquimalt—Juan de Fuca), Mayfield, McNally, Meredith, Merrifield, Mills (Red Deer), Moore, Obhrai, Pallister, Penson, Rajotte, Reid, Reynolds, Ritz, Sauvageau, Schellenberger, Schmidt, Solberg, Sorenson, Spencer, Strahl, Thompson (New Brunswick Southwest), Thompson (Wild Rose), Toews, Vellacott, Wayne, White (Langley—Abbotsford), White (North Vancouver), Williams, Yelich
Scrutiny of Regulations
Members: Barnes (Gander—Grand Falls), Bonwick, Comuzzi, Cummins, Frulla, Grewal, Guimond, Lee, Macklin, Maloney, Martin (Winnipeg Centre), McKay, Myers, St-Hilaire, Vellacott, Wappel, White (North Vancouver)—(17)
Associate Members: Abbott, Ablonczy, Anders, Anderson (Cypress Hills—Grasslands), Bachand (Richmond— Arthabaska), Bailey, Benoit, Borotsik, Breitkreuz, Brison, Burton, Cadman, Casey, Casson, Chatters, Clark, Day, Doyle, Duncan, Elley, Epp, Fitzpatrick, Forseth, Gallant, Goldring, Gouk, Grey, Hanger, Harper, Harris, Hearn, Herron, Hill (Macleod), Hill (Prince George—Peace River), Hilstrom, Hinton, Jaffer, Johnston, Keddy, Kenney, Lanctôt, Lunn, Lunney, Mackay (Pictou—Antigonish—Guysborough), Mark, Martin (Esquimalt—Juan de Fuca), Mayfield, McNally, Meredith, Merrifield, Mills (Red Deer), Moore, Obhrai, Pallister, Penson, Rajotte, Reid, Reynolds, Ritz, Sauvageau, Schellenberger, Schmidt, Skelton, Solberg, Sorenson, Spencer, Stinson, Strahl, Thompson (New Brunswick Southwest), Thompson (Wild Rose), Toews, Wasylycia-Leis, Wayne, White (Langley—Abbotsford), Williams, Yelich
That a message be sent to the Senate to acquaint their Honours of the names of the Members to serve on behalf of this House on the Standing Joint Committees.
ATTEST:
William C. Corbett
The Clerk of the House of Commons
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 third reading of 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, as amended,
And on the motion in amendment of the Honourable Senator Watt, seconded by the Honourable Senator Gill, that the Bill, as amended, be not now read a third time but that it be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
After debate,
In amendment, the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Stratton, that the motion in amendment be amended by deleting all the words after the words "be not now read a third time'' and substituting the following therefor:
"but that it be referred back to the Standing Senate Committee on Aboriginal Peoples for the purpose of studying the impact on Bill C-6 of the recent Supreme Court decision recognizing the Metis People as a distinct Aboriginal Nation.''
After debate,
The question being put on the subamendment, it was adopted.
(Accordingly, the Bill, as amended, was not read a third time but was referred back to the Standing Senate Committee on Aboriginal Peoples for the purpose of studying the impact on Bill C-6 of the recent Supreme Court decision recognizing the Metis People as a distinct Aboriginal Nation.)
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Harb, for the third 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,
And on the motion in amendment of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Oliver, that the Bill be not now read a third time but that it be amended in clause 12,
(a) on page 145, by replacing line 20, with the following:
"(5) The Governor in Council shall designate, after approval by resolution of the Senate and House of Commons,''; and
(b) on page 151, by replacing lines 20 to 31, with the following:
"110. (1) The Chairperson shall, as soon as possible after the end of each fiscal year, submit an annual report to Parliament on the activities of the Tribunal during that fiscal year.
(2) The Chairperson may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers and functions of the Tribunal where, in the opinion of the Chairperson, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for transmission of the next annual report of the Tribunal.''; and
(c) on page 168, by replacing line 11, with the following:
"(4) The Governor in Council shall designate, after approval by resolution of the Senate and House of Commons,''.
After debate,
The question was put on the motion in amendment.
With leave of the Senate, a standing vote was deferred until Tuesday, September 30, 2003, at 3:30 p.m., with the bells to sound at 3:00 p.m. for thirty minutes.
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
Orders No. 1 to 8 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Mahovlich, for the second reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda).
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Keon, 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 10 were called and postponed until the next sitting.
Resuming debate on the consideration of the Third Report of the Standing Senate Committee on Fisheries and Oceans (study on matters relating to straddling stocks and to fish habitat) presented in the Senate on March 27, 2003.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Lynch-Staunton, that the Report be adopted.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Losier- Cool, for the adoption of the Second Report (Interim) of the Standing Senate Committee on National Security and Defence, entitled: For an Extra 130 Bucks... Update on Canada's Military Financial Crisis, A View from the Bottom Up, deposited with the Clerk of the Senate on November 12, 2002.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Pépin 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.
Order No. 13 was called and postponed until the next sitting.
Other
Orders No. 92 (motion) and 23 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Losier-Cool, seconded by the Honourable Senator Joyal, P.C.:
That the Senate of Canada recommends that the Government of Canada recognize the year 2004 as the Acadian Year.
After debate,
The question being put on the motion, it was adopted.
Orders No. 146 (motion), 26, 22 (inquiries), 66, 104, 86 (motions), 9 (inquiry), 130 (motion), 2 and 14 (inquiries) were called and postponed until the next sitting.
The Order was called to resume debate on the motion, as modified, of the Honourable Senator Kenny, 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 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.
Ordered, That the Order be discharged and the motion, as modified, withdrawn.
The Order was called to resume debate on the motion of the Honourable Senator Kenny, 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.
Ordered, That the Order be discharged and the motion withdrawn.
Orders No. 16 (inquiry), 115 (motion), 6 and 11 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator LeBreton calling the attention of the Senate to the legacy of waste during the Martin-Chrétien years.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Eyton moved, seconded by the Honourable Senator Lynch-Staunton, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 21 (inquiry) was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Stollery moved, seconded by the Honourable Senator Watt:
That the Standing Senate Committee on Foreign Affairs, in accordance with Rule 95(3)a) of the Rules of the Senate, be empowered to sit on October 14 and 15, 2003, even though the Senate may then be adjourned for a period exceeding one week.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Di Nino moved, seconded by the Honourable Senator Lynch-Staunton, that further debate on the motion be adjourned until the next sitting.
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 Chalifoux:
That when the Senate adjourns today, it do stand adjourned until Tuesday, September 30, 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):
Report of the Cape Breton Growth Fund Corporation, together with the Auditor General's report, for the fiscal year ended March 31, 2003, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/37-655.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Poy:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:28 p.m. the Senate was continued until Tuesday, September 30, 2003, at 2:00 p.m.)
______________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Merchant, Corbin, Cochrane and Comeau substituted for those of the Honourable Senators Corbin, Ringuette, Johnson and Eyton (September 24).