Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 14
Monday, February 23, 2004
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Baker, Banks, Beaudoin, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Downe, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Robichaud, Roche, Rompkey, St. Germain, Spivak, Stollery, Stratton, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, *Bacon, Baker, Banks, Beaudoin, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Downe, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, *Kirby, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, *Rivest, Robichaud, Roche, Rompkey, St. Germain, Spivak, Stollery, Stratton, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
The Order was called for the second reading of Bill C-4, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence.
A point of order was raised as to the acceptability of the Bill.
After debate,
The Speaker reserved his decision.
Motions
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That, for the remainder of the current session, when the Senate sits on a Wednesday, it do adjourn no later than 4:00 p.m.; and
That, should there be a vote deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings at 4:00 p.m., prior to the adjournment, to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and during that intervening period committees may meet.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the Third Report of the Committee of Selection (membership change on Human Rights Committee), presented in the Senate on February 19, 2004.
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Rompkey, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 9 were called and postponed until the next sitting.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill C-260, An Act to amend the Hazardous Products Act (fire-safe cigarettes).
The Honourable Senator Morin moved, seconded by the Honourable Senator Gauthier, that the Bill be read the second time.
After debate,
The Honourable Senator Kinsella 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 division.
The question being put on the motion of the Honourable Senator Morin, seconded by the Honourable Senator Gauthier, for the second reading of Bill C-260, it was adopted on division.
The Bill was then read the second time, on division.
The Honourable Senator Morin moved, seconded by the Honourable Senator Fraser, that the Bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.
The question being put on the motion, it was adopted.
SPEAKER'S RULING
Honourable senators, I was asked to make a ruling on Bill C-4. I left the chair and gave consideration to the questions that were raised by Senator Kinsella as to the orderliness of proceeding. I thank him and other honourable senators for their interventions.
I have considered the point of order. The conclusion that I have come to is that the note on the face of the bill which was quoted in full by Senator Kinsella, namely, as to the reprint of the bill, does not constitute a marginal note; rather, it is something on the face of the bill, I can only conclude, telling us what the House of Commons considers the document to be, namely, a reprint of Bill C-34 as adopted.
The question then comes forward in the point of order that the reprint of the bill contains what was treated as a parchment error in the previous disposition of the bill. The question is whether that would require the matter to be treated again as a parchment error or whether the bill should be referred back to the House of Commons for further deliberation and returned to this place.
My conclusion, in accordance with the interventions, is this: What the other place does is up to the other place, and they, in their deliberations, have decided to characterize the bill as they have, and it is within their purview to do so. Accordingly, it is in order to continue with debate on this bill.
Commons Public Bills
Order No. 3 was called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Furey, for the adoption of the First Report of the Standing Joint Committee for the Scrutiny of Regulations (permanent order of reference and expenses re Rule 104) presented in the Senate on February 19, 2004.
After debate,
In amendment, the Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Moore, that the Report be not now adopted but that it be amended by deleting the following:
"Your Committee further recommends to the Senate that it be empowered to sit during sittings and adjournments of the Senate.''
The question being put on the motion in amendment, it was adopted.
The question then being put on the motion for the adoption of the Report, as amended, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Consideration of the Second Report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—study on emerging issues related to its mandate) presented in the Senate on February 19, 2004.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Fraser, that the Report be adopted.
The question being put on the motion, it was adopted.
Other
Order No. 40 (motion) was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Gauthier, seconded by the Honourable Senator Fraser:
That, pursuant to Rule 131(2), the Senate ask the Government to table a detailed and comprehensive response to the Fourth Report of the Standing Senate Committee on Official Languages, tabled in the Senate on October 1, 2003, during the Second Session of the 37th Parliament, and adopted on October 28, 2003.
The question being put on the motion, it was adopted.
Orders No. 3, 24, 9 (motions) and 1 (inquiry) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Ferretti Barth called the attention of the Senate to the report of the Prime Minister's Caucus Task Force on Seniors.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Comeau called the attention of the Senate to the House of Commons Debates of February 11, 2004; specifically the concerns caused by Bloc québécois Stéphane Bergeron's Motion M-382 in which he is seeking:
That a humble Address be presented to Her Excellency praying that, following the steps already taken by the Société nationale de l'Acadie, she will intercede with Her Majesty to cause the British Crown to recognize officially the wrongs done to the Acadian people in its name between 1755 and 1763.
After debate,
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Léger, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-20, An Act to change the names of certain electoral districts, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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.
MOTIONS
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Chaput:
That
Whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;
Now therefore the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by Her Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.
SCHEDULE
AMENDMENT TO THE
CONSTITUTION OF CANADA
1. Section 16 of the Constitution Act, 1867 is replaced by the following:
"16. (1) Until the Queen otherwise directs, the seat of government of Canada shall be Ottawa.
(2) In the seat of government of Canada, any member of the public has the right to communicate with, and to receive available services from, the government of Ontario and the City of Ottawa in English or French.''
CITATION
2. This Amendment may be cited as the "Constitution Amendment, [year of proclamation] (Seat of government of Canada)''.
After debate,
The Honourable Senator Beaudoin moved, seconded by the Honourable Senator LeBreton, 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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Pursuant to Rule 7(2), the sitting was suspended until 5:15 p.m.
The sitting resumed.
DEFERRED VOTE
At 5:30 p.m., pursuant to Rule 67, the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Kinsella to the motion of the Honourable Senator Trenholme Counsell, seconded by the Honourable Senator Massicotte, for an Address to Her Excellency the Governor General in reply to her Speech from the Throne.
The question was put on the motion in amendment of the Honourable Senator Kinsella, seconded by the Honourable Senator Stratton, that the motion be amended by adding:
"And the Senate regrets that the Speech from the Throne is a preview of a tired Liberal election platform, filled with empty rhetoric and vacuous promises that does nothing to address the very real problems facing Canadians who are turning to the Conservative Party to form a government that will manage with competence and govern with integrity.''
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Beaudoin, Cochrane, Comeau, Forrestall, Johnson, Kinsella, LeBreton, Lynch-Staunton, Meighen, St. Germain, Stratton—12
NAYS
The Honourable Senators
Adams, Austin, Baker, Banks, Callbeck, Carstairs, Chaput, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Grafstein, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, LaPierre, Lapointe, Léger, Losier-Cool, Maheu, Mahovlich, Mercer, Merchant, Milne, Moore, Morin, Munson, Pearson, Pépin, Phalen, Plamondon, Poulin, Prud'homme, Ringuette, Robichaud, Roche, Rompkey, Trenholme Counsell, Watt—51
ABSTENTIONS
The Honourable Senators
Atkins, Murray—2
Resuming debate on the motion of the Honourable Senator Trenholme Counsell, seconded by the Honourable Senator Massicotte:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Adrienne Clarkson, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
In amendment, the Honourable Senator Comeau moved, seconded by the Honourable Senator Beaudoin, that the motion be amended by adding:
"That the Senate of Canada regrets that the Speech from the Throne does nothing to either deal with the culture of corruption that has pervaded the federal government in the last ten years or to fix the broken machinery of government system.''
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.
ADJOURNMENT
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:01 p.m. the Senate was continued until 2:00 p.m. tomorrow.)
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Old Port of Montreal Corporation Inc., together with the Auditors' 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. 3/37- 53.
Report on the five-year review of the International Centre for Human Rights and Democratic Development for 1998-2003, pursuant to the International Centre for Human Rights and Democratic Development Act, R.S.C. 1985, c. 54 (4th Supp.), sbs. 31(3).—Sessional Paper No. 3/37- 54.
List of Commissions issued for the year 2003, pursuant to the Public Officers Act, R.S.C. 1985, c. P-31, s. 4.—Sessional Paper No. 3/37- 55.
Report of the Public Service Staff Relations Board for the fiscal year ended March 31, 2003, pursuant to the Public Service Staff Relations Act, R.S.C. 1985, c. P-35, sbs. 114(2).—Sessional Paper No. 3/37- 56.
Report of the Public Service Staff Relations Board for the fiscal year ended March 31, 2003, pursuant to the Parliamentary Employment and Staff Relations Act, R.S.C. 1985, c. 33 (2nd Supp.), s. 84.—Sessional Paper No. 3/37- 57.
Report of the Blue Water Bridge Authority, together with the Auditor General's Report, for the year 2003, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 3/37- 58.
Report on the administration and operation of the Canada Health Act for the fiscal year ended March 31, 2003, pursuant to the Act, R.S.C. 1985, c. C-6, s. 23.—Sessional Paper No. 3/37- 59.
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Cordy substituted for that of the Honourable Senator Trenholme Counsell (February 23).