Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 95
Wednesday, November 5, 2003
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Chaput, Christensen, Cochrane, Comeau, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Merchant, Milne, Moore, Morin, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Sibbeston, Smith, Sparrow, Spivak, St. Germain, Stratton, Tkachuk, Trenholme Counsell, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Chaput, Christensen, Cochrane, Comeau, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Finnerty, *Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Merchant, Milne, Moore, Morin, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Sibbeston, Smith, Sparrow, Spivak, St. Germain, Stratton, Tkachuk, Trenholme Counsell, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
Document entitled: Westbank First Nation Self-Government Agreement between Her Majesty the Queen in Right of Canada and Westbank First Nation, dated October 3, 2003.—Sessional Paper No. 2/37-787.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kirby, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled its Fourteenth Report (Final) entitled: Reforming Health Protection and Promotion in Canada: Time to Act.—Sessional Paper No. 2/37-788S.
The Honourable Senator Kirby, moved, seconded by the Honourable Senator Pépin, 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.
Presentation of Petitions
The Honourable Senator Gauthier presented petitions:
Of Residents of the Provinces of Ontario and Quebec with respect to declaring Ottawa officially bilingual.
_________________________________________________________________
With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Losier-Cool, Chair of the Standing Senate Committee on Official Languages, presented its Sixth Report (Bill S-14, An Act to amend the National Anthem Act to reflect the linguistic duality of Canada) without amendment.
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Maheu, 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 on division.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada- United States Inter-Parliamentary Group respecting its participation at the Forty-fourth Annual Meeting, held in Niagara-on-the-Lake, Ontario, from May 15 to 19, 2003. —Sessional Paper No. 2/37-789.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Robichaud, P.C.:
That, with respect to the House of Commons Message to the Senate dated September 29, 2003 regarding Bill C-10B:
(i) the Senate do not insist on its amendment numbered 2;
(ii) the Senate do not insist on its modified version of amendment numbered 3 to which the House of Commons disagreed;
(iii) the Senate do not insist on its modified version of amendment numbered 4, but it do concur in the amendment made by the House of Commons to amendment numbered 4; and
That a Message be sent to the House of Commons to acquaint that House accordingly,
And on the motion of the Honourable Senator Watt, seconded by the Honourable Senator Adams, that the motion, together with the message from the House of Commons dated September 29, 2003, regarding Bill C-10B, An Act to amend the Criminal Code (cruelty to animals), be referred to the Standing Senate Committee on Legal and Constitutional Affairs for consideration and report.
After debate,
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Bacon, Banks, Bryden, Callbeck, Carstairs, Chaput, Christensen, Cools, Corbin, Cordy, Day, De Bané, Downe, Fairbairn, Finnerty, Fraser, Furey, Gauthier, Grafstein, Graham, Harb, Hervieux-Payette, Hubley, Joyal, Kenny, Kirby, Kolber, Kroft, LaPierre, Lavigne, Lawson, Léger, Losier-Cool, Maheu, Massicotte, Merchant, Milne, Moore, Morin, Pearson, Phalen, Plamondon, Poulin, Poy, Ringuette, Robichaud, Roche, Rompkey, Smith, Trenholme Counsell, Wiebe—51
NAYS
The Honourable Senators
Andreychuk, Angus, Atkins, Beaudoin, Biron, Buchanan, Carney, Chalifoux, Cochrane, Comeau, Di Nino, Doody, Forrestall, Gill, Gustafson, Johnson, Kelleher, Keon, Kinsella, Lapointe, LeBreton, Lynch-Staunton, Nolin, Oliver, Prud'homme, Rivest, Robertson, St. Germain, Sibbeston, Sparrow, Stratton, Tkachuk, Watt—33
ABSTENTIONS
The Honourable Senators
Nil
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-34, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence.
Debate.
_________________________________________________________________
Pursuant to the Order adopted November 3, 2003, the sitting was suspended until 8:00 p.m.
Ordered, That the Speaker do leave the Chair, the Mace being left on the Table.
The sitting resumed.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return Bill C-459, An Act to establish Holocaust Memorial Day,
And to acquaint the Senate that the Commons have agreed to the amendment made by the Senate to this Bill, without amendment.
A Message was brought from the House of Commons with a Bill C-23, An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts , 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.
A Message was brought from the House of Commons with a Bill C-46, An Act to amend the Criminal Code (capital markets fraud and evidence-gathering), 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.
Bills
The Senate resumed 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-34, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence.
After debate,
The Honourable Senator Kroft moved, seconded by the Honourable Senator Losier-Cool, 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 Presentation of Reports From Standing or Special Committees.
The Honourable Senator Cordy for the Honourable Senator Kirby, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Fifteenth Report (Bill C-37, An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts) without amendment.
The Honourable Senator Cordy moved, seconded by the Honourable Senator Phalen, 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 Cordy, for the Honourable Senator Kirby, presented the following:
WEDNESDAY, November 5, 2003
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
SIXTEENTH REPORT
Your Committee, to which was referred Bill C-50, An Act to amend statute law in respect of benefits for veterans and the children of deceased veterans, has, in obedience to the Order of Reference of Wednesday, October 29, 2003, examined the said Bill and now reports the same without amendments
Your Committee appends to this report certain observations on the Bill.
Respectfully submitted,
JANE CORDY
For the Chair
APPENDIX TO THE REPORT
Observations of the Standing Senate Committee on
Social Affairs, Science and Technology
The Standing Senate Committee on Social Affairs, Science and Technology supports the decision of Veterans Affairs Canada to extend the Veterans Independence Program (VIP) benefits provided to surviving spouses of Veterans who were in receipt of such benefits at the time of their death from one year to a lifetime.
The members of the Committee do unanimously agree that the Government should take all possible means to provide lifetime VIP benefits to all qualified surviving spouses of Veterans receiving such benefits at the time of their death and not just to those now eligible for such benefits following the amendments made in June 2003 to the Veterans Health Care Regulations.
The Honourable Senator Cordy 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-55, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2004.
The Honourable Senator Day moved, seconded by the Honourable Senator Phalen, that the Bill be read the third time.
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.
Resuming debate on the motion of the Honourable Senator Smith, P.C., seconded by the Honourable Senator Léger, for the second reading of Bill C-49, An Act respecting the effective date of the representation order of 2003.
After debate,
In amendment, the Honourable Senator Nolin moved, seconded by the Honourable Senator Stratton, that Bill C-49 be not now read the second time but that the subject-matter thereof be referred to the Standing Senate Committee on Legal and Constitutional Affairs; and
That the Order to resume debate on the motion for the second reading of the Bill remain on the Order Paper.
The question was put on the motion in amendment.
Pursuant to Rule 67(2), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.
Resuming debate on the motion of the Honourable Senator Morin, seconded by the Honourable Senator Gauthier, for the second reading of Bill C-13, An Act respecting assisted human reproduction and related research.
After debate.
The Honourable Senator Kinsella for the Honourable Senator Keon 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.
Orders No. 6 and 7 were 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 Gustafson moved, seconded by the Honourable Senator Oliver, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Angus, Beaudoin, Cochrane, Cools, Forrestall, Gustafson, Kenny, Lynch-Staunton, Moore, Oliver, Robertson, St. Germain, Sparrow, Stratton—14
NAYS
The Honourable Senators
Bacon, Banks, Carstairs, Chalifoux, Chaput, Christensen, Cordy, Downe, Fairbairn, Fraser, Gill, Grafstein, Graham, Hubley, Joyal, Kroft, Losier-Cool, Maheu, Milne, Nolin, Pearson, Pépin, Prud'homme, Ringuette, Robichaud, Roche, Rompkey, Smith, Trenholme Counsell, Watt, Wiebe—31
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed 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 Angus 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 on division.
Second reading of Bill C-260, An Act to amend the Hazardous Products Act (fire-safe cigarettes).
The Honourable Senator Kenny moved, seconded by the Honourable Senator Spivak, that the Bill be read the second time.
After debate,
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 on division.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Chalifoux, seconded by the Honourable Senator Milne:
That the Sixth Report of the Standing Senate Committee on Aboriginal Peoples be adopted and that, pursuant to Rule 131(2), the Senate request a complete and detailed response from the Government, with the Ministers of Indian Affairs and Northern Development, Justice, Human Resources Development, Canadian Heritage, Health, and Industry; the Solicitor General; and the Federal Interlocutor for Métis and Non-status Indians being identified as Ministers responsible for responding to the Report.
After debate,
The Honourable Senator Pearson for the Honourable Senator Johnson moved, seconded by the Honourable Senator Christensen, 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 13 were called and postponed until the next sitting.
Consideration of the Seventh Report of the Standing Senate Committee on Human Rights (fact-finding mission), tabled in the Senate on November 4, 2003.
Debate.
At 12:00 o'clock midnight, pursuant to Rule 6(1), the Senate adjourned until tomorrow, Thursday, November 6, 2003, at 1:30 p.m.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Public Accounts of Canada for the fiscal year ended March 31, 2003, as follows: (1) Volume I — Summary Report and Financial Statements, (2) Volume II, Part I — Details of Expenses and Revenues, (3) Volume II, Part II — Additional Information and Analyses, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 64(1).—Sessional Paper No. 2/37-786.
_________________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Moore (November 5).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Trenholme Counsell substituted for that of the Honourable Senator Cook (November 5).