Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 30
Tuesday, April 20, 2004
2:00 p.m.
The Honourable Lucie Pépin, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Biron, Bryden, Callbeck, Carney, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Furey, Gauthier, Gill, Grafstein, Gustafson, Harb, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kirby, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Moore, Morin, Munson, Murray, Nolin, Pépin, Phalen, Plamondon, Poulin (Charette), Ringuette, Rivest, Robichaud, Rompkey, Rossiter, St. Germain, Sibbeston, Sparrow, Spivak, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Biron, Bryden, Callbeck, Carney, *Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, *Fraser, Furey, Gauthier, Gill, Grafstein, *Graham, Gustafson, Harb, *Hays, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Kirby, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Moore, Morin, Munson, Murray, Nolin, *Oliver, *Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), *Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Rossiter, St. Germain, Sibbeston, *Smith, Sparrow, Spivak, Stratton, Tkachuk, Trenholme Counsell, Watt
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Pépin, Speaker pro tempore, took the Chair, pursuant to Rule 11.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Notices of Motions
With leave of the Senate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Keon:
That the Standing Senate Committee on Foreign Affairs be authorized to join the Standing Committee on Foreign Affairs and International Trade of the House of Commons for a joint meeting in order to meet with His Holiness the Dalai Lama and his delegation; and
That the Committee be authorized to meet at 3:30 p.m. on Thursday, April 22, 2004, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Ferretti Barth, that further debate on the motion be adjourned until 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.
The Honourable Senator Ferretti Barth presented petitions:
Of Residents of the Province of Quebec with respect to declaring Ottawa officially bilingual.
MESSAGE FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return 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,
And to acquaint the Senate that the Commons have agreed to the amendments made by the Senate to this Bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-7, An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety.
The Honourable Senator Day moved, seconded by the Honourable Senator Léger, that the Bill be read the third time.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Lynch-Staunton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Third reading of Bill C-14, An Act to amend the Criminal Code and other Acts.
The Honourable Senator Harb moved, seconded by the Honourable Senator Adams, that the Bill be read the third time.
After debate,
The Honourable Senator Nolin 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.
Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Léger, for the second reading of Bill C-22, An Act to amend the Criminal Code (cruelty to animals).
After debate,
The question being put on the motion, it was adopted on division.
The Bill was then read the second time, on division.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Gill, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
____________________________________________________________-
Ordered, That Order No. 1, set down on the Orders of the Day for the next sitting, be brought forward.
Second reading of Bill C-3, An Act to amend the Canada Elections Act and the Income Tax Act.
The Honourable Senator Mercer moved, seconded by the Honourable Senator Munson, that the Bill be read the second time.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Lynch-Staunton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 6 were called and postponed until the next sitting.
Commons Public Bills
Ordered, That notwithstanding Rule 27(3), Order No. 2 (Bill C-300) remain on the Order Paper for another fifteen consecutive sitting days.
Reports of Committees
Orders No. 1 to 6 were called and postponed until the next sitting.
Other
Orders No. 5, 11 (inquiries), 67, 40, 59, 3, (motions), 1 (inquiry), 28, 9 (motions) and 10 (inquiry) were called and postponed until the next sitting.
____________________________________________________________-
Pursuant to Rule 7(2), the sitting was suspended until 5:15 p.m.
The sitting resumed.
DEFERRED VOTE
At 5:30 p.m., and pursuant to Rule 67, the Senate proceeded to the taking of the deferred standing vote on the subamendment of the Honourable Senator Tkachuk to the motion in amendment of the Honourable Senator St. Germain, P.C., to the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator LaPierre, for the third reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda).
The question was put on the subamendment of the Honourable Senator Tkachuk, seconded by the Honourable Senator Gustafson, that the motion in amendment be amended by adding, before the words "ethnic origin'', the words "national or''.
The subamendment was negatived on the following vote:
YEAS
The Honourable Senators
Angus, Carney, Cochrane, Comeau, Cools, Di Nino, Forrestall, Gustafson, Kelleher, Keon, Lynch-Staunton, Merchant, Plamondon, Rivest , St. Germain, Sparrow, Stratton, Tkachuk—18
NAYS
The Honourable Senators
Adams, Atkins, Austin, Bacon, Callbeck, Chaput, Christensen, Cook, Day, De Bané, Fairbairn, Ferretti Barth, Finnerty, Furey, Gauthier, Gill, Hubley, Jaffer, Joyal, Kirby, Lapointe, Lavigne, Lawson, Losier-Cool, Maheu, Mahovlich, Mercer, Moore, Morin, Munson, Murray, Phalen, Robichaud, Rompkey, Spivak, Watt—36
ABSTENTIONS
The Honourable Senators
Corbin, Sibbeston—2
Ordered, That notwithstanding Rule 13, the Senate continue sitting and proceed to debate Bill C-250 until 6:30 p.m.,
___________________________________________________________
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator LaPierre, for the third reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda),
And on the motion in amendment of the Honourable Senator St. Germain, P.C., seconded by the Honourable Senator Stratton, that the bill be not now read a third time but that it be amended, on page 1, in clause 1, by replacing lines 8 and 9 with the following:
"by colour, race, religion, ethnic origin or sex.''.
The Honourable Senator Angus moved, seconded by the Honourable Senator Stratton, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was negatived on division.
The Senate resumed debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator LaPierre, for the third reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda),
And on the motion in amendment of the Honourable Senator St. Germain, P.C., seconded by the Honourable Senator Stratton, that the bill be not now read a third time but that it be amended, on page 1, in clause 1, by replacing lines 8 and 9 with the following:
"by colour, race, religion, ethnic origin or sex.''.
After debate,
In amendment, the Honourable Senator Angus moved, seconded by the Honourable Senator Stratton, that the motion in amendment be amended by adding, before the words "ethnic origin'', the words "pardoned convicts,''.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Sparrow, that further debate on the subamendment 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, Comeau, Cools, Forrestall, Gustafson, Keon, Lawson, Lynch-Staunton, Merchant, Plamondon, St. Germain, Sparrow, Stratton, Tkachuk—14
NAYS
The Honourable Senators
Atkins, Austin, Bacon, Callbeck, Chaput, Christensen, Cook, Day, Fairbairn, Furey, Hubley, Jaffer, Joyal, Lapointe, Losier-Cool, Maheu, Mahovlich, Mercer, Moore, Morin, Munson, Murray, Phalen, Robichaud, Rompkey, Spivak—26
ABSTENTIONS
The Honourable Senators
Corbin, Ferretti Barth—2
The Senate resumed debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator LaPierre, for the third reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda),
And on the motion in amendment of the Honourable Senator St. Germain, P.C., seconded by the Honourable Senator Stratton, that the bill be not now read a third time but that it be amended, on page 1, in clause 1, by replacing lines 8 and 9 with the following:
"by colour, race, religion, ethnic origin or sex.'',
And on the subamendment of the Honourable Senator Angus, seconded by the Honourable Senator Stratton, that the motion in amendment be amended by adding, before the words "ethnic origin'', the words "pardoned convicts,''.
After debate,
The question was put on the subamendment.
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.
____________________________________________________________-
At 6:30 p.m., pursuant to the Order adopted earlier this day, the Senate adjourned until 1:30 p.m. tomorrow.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summaries of the Corporate Plan for 2004-2005 of the Sport Dispute Resolution Centre of Canada, pursuant to the Physical Activity and Sport Act, S.C. 2003, c. 2, s. 32.—Sessional Paper No. 3/37-148.
Actuarial Report (including Certification of Assets) on the Regular Force Death Benefit Account as at March 31, 2002, pursuant to the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, s. 71.—Sessional Paper No. 3/37- 149.
Report of the Canada Post Corporation, 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- 150.
Report of the Royal Canadian Mint, together with the Auditor General's Report, for the year ended December 31, 2003, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 3/37- 151.
Report of Export Development Canada, together with the Auditor General's Report, for the year ended December 31, 2003, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 3/37- 152.
Report on the five-year review of the Agricultural Marketing Programs Act from 1997 to 2001, pursuant to the Agricultural Marketing Programs Act, S.C. 1997, c. 20, sbs. 42(2).—Sessional Paper No. 3/37- 153.
Summaries of the Corporate Plan for 2004-2008 of the Atlantic Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/37-154.
Summaries of the Corporate Plan for 2004-2008 and the Operating and Capital Budgets for 2004 of the Great Lakes Pilotage Authority Ltd., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/37- 155.
Summaries of the Corporate Plan for 2004-2008 and of the Operating and Capital Budgets for 2004 of the Laurentian Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/37- 156.
Summaries of the Corporate Plan for 2004-2008 and of the Operating and Capital Budgets for 2004 of the Pacific Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/37- 157.
Summary of the Corporate Plan for 2004-2008 of Ridley Terminals Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/37- 158.
Report of the National Energy Board for the year ended December 31, 2003, pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7, s. 133.—Sessional Paper No. 3/37- 159.
Report entitled "Government On-Line 2004''.—Sessional Paper No. 3/37- 160.
Response of the government to the Fourth Report of the Standing Joint Committee for Scrutiny and Regulations (national parks) (Sessional Paper No. 2/37-800S), tabled in the Senate on November 6, 2003.—Sessional Paper No. 3/ 37- 161S.
____________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Johnson substituted for that of the Honourable Senator Stratton (April 1).
The names of the Honourable Senators Spivak and Eyton substituted for those of the Honourable Senators Tkachuk and Andreychuk (April 5).
The names of the Honourable Senators Merchant and Adams substituted for those of the Honourable Senators Munson and Mercer (April 19).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Carney (April 5).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Poy (April 19).