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Journals of the Senate

53 Elizabeth II, A.D. 2004, Canada

Journals of the Senate

3rd Session, 37th Parliament


Issue 21

Monday, March 22, 2004
8:00 p.m.

The Honourable Daniel Hays, Speaker


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Austin, Bacon, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Graham, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kinsella, Kroft, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, Massicotte, Mercer, Merchant, Milne, Morin, Murray, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Robertson, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, *Atkins, Austin, Bacon, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, *Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, *Kenny, Kinsella, *Kirby, Kroft, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, Massicotte, Mercer, Merchant, Milne, Morin, *Munson, Murray, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Robertson, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Maheu, Chair of the Standing Senate Committee on Human Rights, presented its Third Report (budget—study on the division of on-reserve matrimonial real property).

(The Report is printed as an Appendix)

The Honourable Senator Maheu moved, seconded by the Honourable Senator Callbeck, 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.

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-24, An Act to amend the Parliament of Canada Act, 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 Robichaud, 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-26, 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, 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 Robichaud, 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-27, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2005, 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 Poulin, 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.

Presentation of Petitions

The Honourable Senator Pearson 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

Third reading of Bill C-13, An Act to amend the Criminal Code (capital markets fraud and evidence-gathering).

The Honourable Senator Merchant moved, seconded by the Honourable Senator Chaput, 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 has passed this Bill, without amendment.

Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Trenholme Counsell, for the second reading of Bill C-18, An Act respecting equalization and authorizing the Minister of Finance to make certain payments related to health.

After debate,

The question being put on the motion, it was adopted.

The Bill was then read the second time.

The Honourable Senator Ringuette moved, seconded by the Honourable Senator Mercer, that the Bill be referred to the Standing Senate Committee on National Finance.

The question being put on the motion, it was adopted.

Order No. 3 was called and postponed until the next sitting.

Reports of Committees

Consideration of the Third Report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill C-8, An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence, with amendments) presented in the Senate on March 11, 2004.

The Honourable Senator Morin moved, seconded by the Honourable Senator Massicotte, that the Report be adopted.

After debate,

The question being put on the motion, it was adopted.

The Honourable Senator Morin moved, seconded by the Honourable Senator Fraser, that the Bill, as amended, 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.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 and 2 were called and postponed until the next sitting.

Second reading of Bill S-14, An Act to amend the Agreement on Internal Trade Implementation Act.

The Honourable Senator Kelleher, P.C., moved, seconded by the Honourable Senator LeBreton, that the Bill be read the second time.

After debate,

The Honourable Senator Kelleher, P.C., moved, seconded by the Honourable Senator LeBreton, that the subject- matter of the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.

The question being put on the motion, it was adopted.

__________________________________________

Ordered, That all remaining Orders be postponed until the next sitting.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report of operations under the Export and Import Permits Act for the year 2002, pursuant to the Act, R.S.C. 1985, c. E-19, s. 27. —Sessional Paper No. 3/37- 99.

Report on the administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 2003, pursuant to the Act, S.C. 1992, c. 46, s. 67.—Sessional Paper No. 3/37- 100.

Report on the administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 2003, pursuant to the Act, R.S.C. 1985, c. S-24, s. 12.—Sessional Paper No. 3/37- 101.

Report on the Centennial Flame Research Award for the years 1999 to 2003, pursuant to the Centennial Flame Research Award Act, S.C. 1991, c. 17, sbs. 7(1).—Sessional Paper No. 3/37- 102.

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 9:42 p.m. the Senate was continued until 2:00 p.m. tomorrow.)

__________________________________________

Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on National Finance

The name of the Honourable Senator Comeau substituted for that of the Honourable Senator Stratton (March 11).

The names of the Honourable Senators Downe, Ferretti Barth and Finnerty substituted for those of the Honourable Senators Banks, Lawson and Mahovlich (March 12).

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Rossiter substituted for that of the Honourable Senator Tkachuk (March 11).

The name of the Honourable Senator Kirby substituted for that of the Honourable Senator LaPierre (March 12).

Standing Senate Committee on Banking, Trade and Commerce

The names of the Honourable Senators Massicotte and Fitzpatrick substituted for those of the Honourable Senators Chaput and Mercer (March 12).

Standing Committee on Rules, Procedures and the Rights of Parliament

The name of the Honourable Senator Downe substituted for that of the Honourable Senator Fairbairn (March 12).

The names of the Honourable Senators Munson, Christensen and Lynch-Staunton substituted for those of the Honourable Senators Downe, Fraser and Robertson (March 15).

The names of the Honourable Senators Fraser, Christensen and Carstairs substituted for those of the Honourable Senators Christensen, Grafstein and Harb (March 16).

The names of the Honourable Senators Grafstein, Harb, Downe, Carstairs and Robertson substituted for those of the Honourable Senators Christensen, Carstairs, Munson, Downe and Lynch-Staunton (March 19).

The name of the Honourable Senator Fairbairn substituted for that of the Honourable Senator Fraser (March 22).

Standing Senate Committee on Transport and Communications

The names of the Honourable Senators Graham, Jaffer, Christensen, Andreychuk, Beaudoin and Stratton substituted for those of the Honourable Senators Christensen, Merchant, Graham, Gustafson, Johnson and Eyton (March 15).

The names of the Honourable Senators Eyton, Gustafson and Johnson substituted for those of the Honourable Senators Stratton, Andreychuk and Beaudoin (March 19).

The name of the Honourable Senator Merchant substituted for that of the Honourable Senator LaPierre (March 22).

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Carney substituted for that of the Honourable Senator Eyton (March 16).

The name of the Honourable Senator Watt removed from the membership (March 22).

Standing Senate Committee on Legal and Constitutional Affairs

The names of the Honourable Senators Banks and Christensen substituted for those of the Honourable Senators Baker and Bryden (March 17).

The names of the Honourable Senators Baker and Bryden substituted for those of the Honourable Senators Banks and Christensen (March 19).

Standing Senate Committee on Foreign Affairs

The name of the Honourable Senator Phalen substituted for that of the Honourable Senator Poy (March 17).

The name of the Honourable Senator Poy substituted for that of the Honourable Senator Phalen (March 19).


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