Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 25
Friday, March 26, 2004
9:00 a.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Cools, Corbin, Day, De Bané, Doody, Downe, Fairbairn, Finnerty, Fraser, Furey, Gauthier, Gill, Graham, Harb, Hays, Jaffer, Joyal, Kinsella, Kroft, LaPierre, Lavigne, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mercer, Merchant, Morin, Munson, Murray, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Roche, Rompkey, Sibbeston, Smith, Stratton, Trenholme Counsell
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Cools, Corbin, *Cordy, Day, De Bané, Doody, Downe, Fairbairn, Finnerty, Fraser, Furey, Gauthier, Gill, Graham, Harb, Hays, Jaffer, Joyal, Kinsella, *Kirby, Kroft, LaPierre, Lavigne, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mercer, Merchant, Morin, Munson, Murray, *Nolin, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robichaud, Roche, Rompkey, Sibbeston, Smith, Stratton, Trenholme Counsell
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Pépin tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Fourth Part of the 2003 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from September 25 to October 2, 2003.—Sessional Paper No. 3/37-114.
Presentation of Petitions
The Honourable Senator Jaffer presented petitions:
Of Residents of the Province of Ontario with respect to declaring Ottawa officially bilingual.
ORDERS OF THE DAY
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Kinsella:
That, pursuant to Rule 38, in relation to Bill C-4, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer), no later than 5:00 p.m. Tuesday, March 30, 2004, any proceedings before the Senate shall be interrupted and all questions necessary to dispose of third reading of the Bill shall be put forthwith without further debate or amendment, and that any votes on any of those questions be not further deferred; and
That if a standing vote is requested, the bells to call in the Senators be sounded for thirty minutes, so that the vote takes place at 5:30 p.m.
The question being put on the motion, it was adopted.
GOVERNMENT BUSINESS
Bills
Third reading of 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.
The Honourable Senator Day moved, seconded by the Honourable Senator Phalen, 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.
Order No. 5 was called and postponed until the next sitting.
The Senate resumed debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Rompkey, P.C., for the third 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,
And on the motion in amendment of the Honourable Senator Bryden, seconded by the Honourable Senator Sparrow, that the Bill be not now read a third time but that it be amended,
(a) on page 1, in the English version, by replacing the long title with the following:
"An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Counsellor) and other Acts in consequence'';
(b) in clause 2,
(i) on page 1, by replacing lines 8 to 27 with the following:
"20.1 (1) Subject to subsection (2), the Senate shall, by resolution and with the consent of the leaders of all recognized parties in the Senate, appoint a Senate Ethics Counsellor.
(2) If the position of Senate Ethics Counsellor is vacant for 30 sitting days, the Senate shall, by resolution and after consultation with the leaders of all recognized parties in the Senate, appoint a Senate Ethics Counsellor.
20.2 The Senate Ethics Counsellor shall be a member in good standing of the bar of a province or the Chambre des notaires du Québec.
20.3 (1) The Senate Ethics Counsellor holds office during good behaviour for a term of seven years and may be removed for cause, with the consent of the leaders of all recognized parties in the Senate, by resolution of the Senate.
(2) The Senate Ethics Counsellor, on the expiration of a first or subsequent term of office, is eligible to be re- appointed for a further term not exceeding seven years.'',
(ii) on page 2, by deleting lines 1 to 49,
(iii) on page 3,
(A) by deleting lines 1 to 12,
(B) by replacing lines 13 to 18, with the following:
"20.4 (1) The Senate Ethics Counsellor shall assist members of the Senate by providing confidential advice with respect to any code of conduct adopted by the Senate for its members and shall perform the duties and functions assigned to the Senate Ethics Counsellor by the Senate.'', and
(C) by replacing line 43, with the following:
"20.5 (1) The Senate Ethics Counsellor, or any'',
(iv) on page 4, by deleting lines 16 to 24, and
(v) in the English version, by replacing the expression "Senate Ethics Officer'' with the expression "Senate Ethics Counsellor'' wherever it occurs;
(c) in clause 4, on page 7, by replacing line 8, with the following:
"72.06 For the purposes of sections 20.4,'';
(d) in clause 6, on page 11, by replacing lines 37 and 38, with the following:
"(d) the Ethics Commissioner'';
(e) in clause 7, on page 12, by replacing lines 7 and 8, with the following:
"any committee or member of either House or the Ethics Commis-'';
(f) in clause 8, on page 12,
(i) by replacing lines 14 and 15, with the following:
"(c) with respect to the Senate, the'', and
(ii) by replacing lines 28 and 29, with the following:
"Commons, Library of Parliament and office of'';
(g) in clause 9, on page 13, by replacing the heading before line 1, with the following:
"SENATE, HOUSE OF COMMONS, LIBRARY OF PARLIAMENT AND OFFICE OF
THE
ETHICS COMMISSIONER'';
(h) in clause 10, on page 13,
(i) by replacing line 7, with the following:
"ment'', and
(ii) by replacing lines 14 and 15, with the following:
"Parliament or office of the Ethics Commis-'';
(i) in clause 11, on page 13, by replacing lines 21 and 22 with the following:
"brary of Parliament and office of the Ethics Com-'';
(j) in clause 12,
(i) on page 13,
(A) by replacing line 30, with the following:
"Parliament'', and
(B) by replacing line 36, with the following:
"Parliament'', and
(ii) on page 14,
(A) by replacing line 3, with the following:
"ment or'',
(B) by replacing lines 6 and 7, with the following:
"of Commons, Library of Parliament or office of the'',
(C) by replacing line 12, with the following:
"ment or'',
(D) by replacing lines 16 and 17, with the following:
"House of Commons, Library of Parliament or office of'',
(E) by replacing lines 25 and 26, with the following:
"mons, Library of Parliament or office of the Ethics'',
(F) by replacing line 33, with the following:
"ment or'', and
(G) by replacing line 38, with the following:
"Parliament'';
(k) in clause 13,
(i) on page 14, by replacing lines 47 and 48, with the following:
"Commons, Library of Parliament or office of'', and
(ii) on page 15,
(A) by replacing lines 13 and 14, with the following:
"of Parliament or office of the Ethics Commis-'',
(B) by replacing lines 22 and 23, with the following:
"of Parliament or office of the Ethics'', and
(C) by replacing lines 35 and 36, with the following:
"ment or office of the Ethics Com-'';
(l) in clause 14,
(i) on page 15, by replacing lines 43 and 44, with the following:
"brary of Parliament or office of the Ethics Commis-'', and
(ii) on page 16, by replacing lines 6 and 7, with the following:
"Parliament or office of the Ethics Commission-'';
(m) in clause 15,
(i) on page 16,
(A) by replacing lines 14 and 15, with the following:
"House of Commons, Library of Parliament or office of ",
(B) by replacing lines 20 and 21, with the following:
"Library of Parliament or office of the Ethics Commis-'',
(C) by replacing line 29, with the following:
"ment or'',
(D) by replacing lines 34 and 35, with the following:
"House of Commons, Library of Parliament or office of'', and
(E) by replacing lines 41 and 42, with the following:
"brary of Parliament or office of the Ethics Commis-'', and
(ii) on page 17, by replacing line 1 with the following:
"ment or'';
(n) in clause 16, on page 17, by replacing lines 11 and 12, with the following:
"mons, Library of Parliament or office of the Ethics'';
(o) in clause 17, on page 17, by replacing lines 20 and 21, with the following:
"Library of Parliament or office of the Ethics Commis-'';
(p) in clause 18, on page 17, by replacing line 30, with the following:
"ment'';
(q) in clause 25, on page 20, by replacing lines 26 and 27, with the following:
"Library of Parliament or office of the'';
(r) in clause 26, on page 20, by replacing lines 36 and 37, with the following:
"(c.1) the office of the Ethics'';
(s) in clause 27, on page 21, by replacing line 9, with the following:
"Parliament'';
(t) in clause 28, on page 21,
(i) by replacing lines 20 and 21, with the following:
"Library of Parliament or office of the Ethics Commis-'', and
(ii) by replacing lines 28 and 29, with the following:
"Commons, Library of Parliament or office of the'';
(u) in clause 29, on page 22, by replacing lines 14 and 15, with the following:
"Commons, Library of Parliament and office of the Ethics'';
(v) in clause 30, on page 22, by replacing lines 24 and 25, with the following:
"Library of Parliament or office of the Ethics Com-'';
(w) in clause 31, on page 22, by replacing line 33, with the following:
"ment'';
(x) in clause 32, on page 22, by replacing lines 38 and 39, with the following:
"of Parliament or office of the Ethics Commissioner,'';
(y) in clause 33, on page 23,
(i) by replacing line 3, with the following:
"word "or'' at the end of paragraph (b), by adding the word "or'' at the end of paragraph (c) and'', and
(ii) by replacing lines 6 to 8, with the following:
"(d) the office of the Ethics Commissioner'';
(z) in clause 34, on page 23, by replacing lines 15 to 17, with the following:
"(c.1) the office of the Ethics Commissioner'';
(z.1) in clause 36, on page 24, by replacing lines 11 and 12, with the following:
"Commons, Library of Parliament and office of the'';
(z.2) in clause 37, on page 24,
(i) by replacing line 22, with the following:
"Parliament'', and
(ii) by replacing line 31, with the following:
"ment or'';
(z.3) in clause 38, on page 25, by replacing lines 12 and 13, with the following:
"any committee or member of either House or the Ethics Commis-'';
(z.4) in clause 40,
(i) on page 28,
(A) by replacing lines 4 and 5, with the following:
"communes, à la bibliothèque du Parlement ou'',
(B) by replacing lines 17 and 18, with the following:
"ment ou au commissariat à l'éthique par '',
(C) by replacing lines 28 and 29, with the following:
"House of Commons, Library of Parliament or office of'',
(D) by replacing lines 34 and 35, with the following:
"Library of Parliament or office of the Ethics Commis-'', and
(E) by replacing line 43, with the following:
"ment or'', and
(ii) on page 29,
(A) by replacing lines 2 and 3, with the following:
"House of Commons, Library of Parliament or office of'',
(B) by replacing line 13, with the following:
"ment or'',
(C) by replacing lines 19 and 20, with the following:
"brary of Parliament or office of the Ethics Commis-'',
(D) by replacing line 26, with the following:
"ment or'', and
(E) by replacing lines 38 and 39, with the following:
"Commons, Library of Parliament or office of the Ethics'', and
(iii) on page 30,
(A) by replacing lines 5 and 6, with the following:
"Library of Parliament or office of the Ethics Commis-'',
(B) by replacing lines 20 and 21, with the following:
"Library of Parliament or the office of the'',
(C) by replacing lines 25 and 26, with the following:
"Commons, the Library of Parliament or the'',
(D) by replacing lines 36 and 37, with the following:
"Commons, the Library of Parliament or the'', and
(E) by replacing lines 42 and 43, with the following:
"Parliament or the office of the Ethics Commis-''; and
(z.5) in clause 41, on page 31,
(i) by replacing lines 23 and 24, with the following:
"Commons, Library of Parliament and office of the'', and
(ii) by replacing lines 43 and 44, with the following:
"Commons, Library of Parliament and office of the''.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Gill, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
____________________________________________________________
Ordered, That all remaining Government Orders be postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 6 were called and postponed until the next sitting.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Third reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda).
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator LaPierre, that the Bill be read the third time.
After debate,
The Honourable Senator Beaudoin 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. 3 and 4 were called and postponed until the next sitting.
Reports of Committees
Consideration of the Second Report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on charitable giving) presented in the Senate on March 11, 2004.
The Honourable Senator Kroft moved, seconded by the Honourable Senator Bacon, that the Report be adopted.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Other
Orders No. 40, 59, 3, 24 (motions), 1, 5 (inquiries) 28 and 9 (motions) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Morin for the Honourable Senator LeBreton moved, seconded by the Honourable Senator Downe:
That the Standing Senate Committee on Social Affairs, Science and Technology have power to sit at 3:00 p.m. on Thursday, April 1, 2004, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
The Honourable Senator Day moved, seconded by the Honourable Senator Léger:
That the Standing Senate Committee on National Security and Defence have power to sit at 5:00 p.m. on Monday, March 29, 2004, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
The Honourable Senator Sibbeston moved, seconded by the Honourable Senator Gill:
That the Standing Senate Committee on Aboriginal Peoples be authorized to examine and report upon planned federal expenditures, as set out in the 2004-2005 Main Estimates and the March 2004 federal budget, in relation to programs and services delivered to First Nation communities by the Department of Indian Affairs and Northern Development; and
That the Committee table its final report no later than June 30, 2004.
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 Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That when the Senate adjourns today, it do stand adjourned until Monday, March 29, 2004, at 8:00 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):
Response of the government to the Third Report of the Standing Joint Committee for the Scrutiny of Regulations (broadcasting licence fees) (Sessional Paper No. 2/37-763S), tabled in the Senate on October 28, 2003.—Sessional Paper No. 3/37-113S.
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 11:03 a.m. the Senate was continued until Monday, March 29, 2004, at 8:00 p.m.)
____________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Stratton (March 24).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Kinsella (March 25).