Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 97
Friday, November 7, 2003
9:00 a.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Beaudoin, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Cochrane, Comeau, Cools, Corbin, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kroft, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Merchant, Milne, Moore, Morin, Murray, Pearson, Pépin, Phalen, Pitfield, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Rompkey, Sibbeston, Smith, Sparrow, Spivak, Stollery, 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, Carstairs, Chalifoux, Chaput, Christensen, Cochrane, Comeau, Cools, Corbin, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kroft, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Merchant, Milne, Moore, Morin, Murray, Pearson, Pépin, Phalen, Pitfield, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Rompkey, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt, Wiebe
PRAYERS
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The Communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
November 7, 2003
Mr. Speaker:
I have the honour to inform you that the Right Honourable Adrienne Clarkson, Governor General of Canada, will proceed to the Senate Chamber today, the 7th day of November, 2003, at 1:00 p.m. for the purpose of giving Royal Assent to certain bills of law.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
SENATORS' STATEMENTS
Some Honourable Senators made statements.
As an expression of respect to Canada's War Veterans and War dead, tributes were paid.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
Ordered, That the Order of the Day for consideration of the Fifteenth Report of the Standing Senate Committee on Banking, Trade and Commerce, tabled in the Senate on November 4, 2003, be discharged and the Report withdrawn.
The Honourable Senator Kroft, Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled its Fifteenth Report (Revised) entitled: Debtors and Creditors Sharing the Burden: A Review of the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act.—Sessional Paper No. 2/37-784S.
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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-48, An Act to amend the Income Tax Act (natural resources).
The Honourable Senator Moore moved, seconded by the Honourable Senator Kroft, 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.
Motions
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That, in accordance with Section 53(1) of the Act to extend the present laws of Canada that protect the privacy of individuals and that provide individuals with a right of access to personal information about themselves, Chapter P-21 of the Revised Statutes of Canada 1985, the Senate approve the appointment of Jennifer Stoddart of Westmount, Quebec, as Privacy Commissioner for a term of seven years.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C., that the motion be not now adopted but that it be referred to a Committee of the Whole later this day.
After debate,
The question being put on the motion, it was adopted.
Bills
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,
The Honourable Senator Forrestall 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 negatived on the following vote:
YEAS
The Honourable Senators
Comeau, Forrestall, Kinsella, LeBreton, Lynch-Staunton, Rivest, Stratton—7
NAYS
The Honourable Senators
Bacon, Banks, Bryden, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Corbin, Day, De Bané, Downe, Fairbairn, Finnerty, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Hubley, Jaffer, Joyal, Kenny, Kroft, LaPierre, Lapointe, Léger, Losier-Cool, Maheu, Milne, Moore, Morin, Pearson, Pépin, Phalen, Plamondon, Poulin, Poy, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Sparrow, Trenholme Counsell, Watt, Wiebe—49
ABSTENTIONS
The Honourable Senators
Cools, Prud'homme—2
The Senate resumed 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.
Debate.
DEFERRED VOTE
At 12:30 p.m., pursuant to the Order adopted on November 6, 2003, the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Bryden to 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.
The question was put on the motion in amendment of the Honourable Senator Bryden, seconded by the Honourable Senator Sparrow, that Bill C-34 be not now read the third time but that it be amended,
(a) in clause 2,
(i) on page 1, by replacing lines 8 to 27 with the following:
"20.1 The Senate shall, by resolution and with the consent of the leaders of all recognized parties in the Senate, appoint a Senate Ethics Counsellor.''
(ii) on page 2, by deleting lines 1 to 49,
(iii) on page 3, by deleting lines 1 to 11.
The motion in amendment was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Beaudoin, Bryden, Cochrane, Comeau, Cools, Corbin, Di Nino, Doody, Eyton, Forrestall, Furey, Gauthier, Gill, Grafstein, Gustafson, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kroft, LeBreton, Lynch-Staunton, Maheu, Meighen, Moore, Murray, Pépin, Pitfield, Poulin, Prud'homme, Rivest, Robertson, Sibbeston, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt—47
NAYS
The Honourable Senators
Biron, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Day, De Bané, Downe, Fairbairn, Finnerty, Fraser, Graham, Harb, Hubley, Jaffer, LaPierre, Lapointe, Léger, Losier-Cool, Milne, Morin, Pearson, Phalen, Plamondon, Poy, Ringuette, Robichaud, Rompkey, Smith, Trenholme Counsell, Wiebe—32
ABSTENTIONS
The Honourable Senators
Nil\Aucun
Bills
The Senate resumed 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.
Debate.
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Pursuant to Rule 135(8), the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of Her Excellency the Governor General.
After awhile, Her Excellency the Governor General, having come and being seated at the foot of the Throne—
The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that—
"It is the pleasure of Her Excellency the Governor General that they attend her immediately in the Senate Chamber.''
The House of Commons being come,
One of the Clerks at the Table then read the titles of the Bills to be assented to as follows:
An Act to amend the Criminal Code (criminal liability of organizations) (Bill C-45, Chapter 21, 2003)
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 (Bill C-25, Chapter 22, 2003)
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 (Bill C-6, Chapter 23, 2003)
An Act to establish Holocaust Memorial Day (Bill C-459, Chapter 24, 2003)
An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts (Bill C-37, Chapter 26, 2003)
An Act to amend the statute law in respect of benefits for veterans and the children of deceased veterans (Bill C-50, Chapter 27, 2003)
An Act to amend the Income Tax Act (natural resources) (Bill C-48, Chapter 28, 2003)
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 (Bill S-21).
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:—
"In Her Majesty's name, Her Excellency the Governor General doth assent to these Bills.''
1:12 p.m.
The Speaker of the House of Commons addressed Her Excellency the Governor General as follows:
"May it Please Your Excellency:
The Commons of Canada have voted supplies required to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Excellency the following Bill:
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 (Bill C-55, Chapter 25, 2003)
To which Bill I humbly request Your Excellency's Assent.''
After one of the Clerks at the Table read the title of the Bill—
To this Bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, Her Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to this Bill.''
1:15 p.m.
The Commons withdrew.
After which Her Excellency the Governor General was pleased to retire.
Bills
The Senate resumed 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.
Debate.
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At 1:37 p.m. the sitting was suspended.
At 2:02 p.m. the sitting resumed.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion for the second reading of Bill C-49, An Act respecting the effective date of the representation order of 2003, be adjourned until the next sitting.
The question being put on the motion, it was adopted.
COMMITTEE OF THE WHOLE
Pursuant to the Order adopted earlier this day, the Senate was adjourned during pleasure and put into a Committee of the Whole on the motion of the Honourable Senator Carstairs, P.C.: that, in accordance with Section 53(1) of the Act to extend the present laws of Canada that protect the privacy of individuals and that provide individuals with a right of access to personal information about themselves, Chapter P-21 of the Revised Statutes of Canada 1985, the Senate approve the appointment of Jennifer Stoddart of Westmount, Quebec, as Privacy Commissioner for a term of seven years, the Honourable Senator Pépin in the Chair.
—In the Committee—
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That Jennifer Stoddart and Robert Marleau be escorted to seats in the Senate Chamber.
The question being put on the motion, it was adopted.
Debate.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That the motion be adopted.
The question being put on the motion, it was adopted.
Ordered: That the Committee rise, and that the Chair report that they have concluded their deliberations.
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The sitting of the Senate resumed.
The Chair of the Committee reported that it had adopted the following motion and had concluded its deliberations:
That, in accordance with Section 53(1) of the Act to extend the present laws of Canada that protect the privacy of individuals and that provide individuals with a right of access to personal information about themselves, Chapter P-21 of the Revised Statutes of Canada 1985, the Senate approve the appointment of Jennifer Stoddart of Westmount, Quebec, as Privacy Commissioner for a term of seven years.
Ordered, That the Report of the Committee of the Whole be adopted.
Bills
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, as amended.
The question being put on the motion, it was adopted on division.
The Bill, as amended, was then read the third time and passed, on division.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, with an amendment, to which they desire their concurrence.
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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 Tuesday, November 18, 2003, at 2:00 p.m.
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 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 question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
At 4:00 p.m., pursuant to Rule 6(2), the Senate adjourned until Tuesday, November 18, 2003, at 2:00 p.m.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Document entitled "Indian Claims Commission: Annual Report 2002-2003''.—Sessional Paper No. 2/37-804.
Report on the Yukon Land Claim Agreements for the fiscal year ended March 31, 2001.—Sessional Paper No. 2/37- 805.
Report of the State of Protected Heritage Areas for 2001, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, s. 31. —Sessional Paper No. 2/37-806.
Report of the Parks Canada Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2003, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 34(1).—Sessional Paper No. 2/37-807.
Management Plan for Fort Rodd Hill and Fisgard Lighthouse National Historic Sites of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/37-808.
Management Plan for L'Anse aux Meadows National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/37-809.
Management Plan for Riel House National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 2/37-810.
Report of the Standards Council of Canada, 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. 2/37-811.
Report of the Law Commission of Canada entitled "Transforming Relationships Through Participatory Justice'', pursuant to the Law Commission of Canada Act, S.C. 1996, c. 9, s. 24.—Sessional Paper No. 2/37-812.
Report on the five-year review of the Canada Millennium Scholarship Foundation for 1998-2002, pursuant to the Budget Implementation Act, S.C. 1998, c. 21, sbs. 38(2).—Sessional Paper No. 2/37-813.
Copy of Regulations amending the United Nations Suppression of Terrorism Regulations (SOR/JUS-605316), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 2/37-814.
Copy of Regulations repealing the United Nations Libya Regulations (SOR/JUS-603093), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 2/37-815.
Copy of Regulations repealing the United Nations Angola Regulations (SOR/JUS-604602), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 2/37-816.
Copy of the Directions to the Business Development Bank of Canada (P.C. 2003-1567), pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 89(4).—Sessional Paper No. 2/37-817.
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Official Languages
The name of the Honourable Senator Comeau substituted for that of the Honourable Senator Kinsella (November 7).
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The 2nd Session of the 37th Parliament was prorogued by
Proclamation on Wednesday, November 12, 2003.
(See Proclamations)