Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 31
Wednesday, April 21, 2004
1:30 p.m.
The Honourable Lucie Pépin, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Bryden, Callbeck, Carney, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, Di Nino, Doody, Downe, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Furey, Gauthier, Gill, Graham, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, Lapointe, Lavigne, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Moore, Morin, Munson, Murray, Nolin, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Ringuette, Rivest, Robichaud, Rompkey, Rossiter, St. Germain, Sibbeston, Sparrow, Spivak, Stratton, Tkachuk, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Bryden, Callbeck, Carney, *Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, Di Nino, Doody, Downe, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, *Fraser, Furey, Gauthier, Gill, *Grafstein, Graham, Gustafson, Harb, *Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Kenny, Keon, *Kirby, Lapointe, Lavigne, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Moore, Morin, Munson, Murray, Nolin, *Oliver, *Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, *Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Rossiter, St. Germain, Sibbeston, *Smith, Sparrow, Spivak, Stratton, Tkachuk, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Petitions
The Honourable Senator Poulin presented petitions:
Of Residents of the Province of Ontario with respect to declaring Ottawa officially bilingual.
The Honourable Senator Forrestall presented petitions:
Of Residents of Canada with respect to the appointment of Canada's Consul General in Chandigarh, India.
The Honourable Senator St. Germain, P.C, presented petitions:
Of Residents of Canada with respect to Bill C-250, An Act to amend the Criminal Code (hate propaganda).
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Rompkey, P.C., tabled the following:
Reply to Question No. 1, dated February 10, 2004, appearing on the Order Paper in the name of the Honourable Senator Lynch-Staunton, respecting the Anti-terrorism Act (Bill C-36, 1st Session, 37th Parliament).—Sessional Paper No. 3/37-166S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Léger, for the 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.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Cochrane, 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 Harb, seconded by the Honourable Senator Adams, for the third reading of Bill C-14, An Act to amend the Criminal Code and other Acts.
After debate,
The question being put on the motion, it was adopted on division.
The Bill 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, without amendment.
Order No. 3 was called and postponed until the next sitting.
OTHER BUSINESS
Ordered, That Order No. 74 (motion) under Other, be brought forward.
Resuming debate on the motion of the Honourable Senator Di Nino, 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.
The question being put on the motion, it was adopted.
Senate Public Bills
Orders No. 1 to 6 were called and postponed until the next sitting.
Commons Public Bills
Order No. 2 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the Fourth Report of the Standing Senate Committee on Fisheries and Oceans entitled: Nunavut Fisheries: Quota Allocations and Benefits, tabled in the Senate on April 1, 2004.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Adams, that the Fourth Report of the Standing Senate Committee on Fisheries and Oceans, tabled in the Senate on April 1, 2004, be adopted and that, pursuant to Rule 131(2), the Senate request a complete and detailed response from the Government, with the Minister of Fisheries and Oceans being identified as Minister responsible for responding to the Report.
After debate,
The Honourable Senator Watt moved, seconded by the Honourable Senator Lapointe, 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 to 6 were called and postponed until the next sitting.
Other
Orders No. 5 and 11 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Oliver:
That the Senate call upon the Government of Canada:
(a) to expand the Nahanni National Park Reserve to include the entire South Nahanni Watershed including the Nahanni karstlands;
(b) to stop all industrial activity within the watershed, including:
(i) stopping the proposed Prairie Creek Mine and rehabilitating the mine site,
(ii) ensuring complete restoration of the Cantung mine site,
(iii) immediately instituting an interim land withdrawal of the entire South Nahanni Watershed to prevent new industrial development within the watershed; and
(c) to work with First Nations in the Deh Cho and Sahtu regions of the Northwest Territories to achieve these goals,
And on the motion in amendment of the Honourable Senator Sibbeston, seconded by the Honourable Senator Christensen, that the motion be amended as follows:
(a) in paragraph (a),
(i) by adding the word "possibly'' after the word "Reserve'', and
(ii) by adding after the word "karstlands'' the following:
"at an appropriate time and consistent with the cultural, social and economic interests of the people of the region, the Northwest Territories and Canada'';
(b) in paragraph (b), by replacing the words "to stop'' with the following,
"to protect the environmental integrity of the South Nahanni watershed by reviewing'';
(c) in subparagraph (b)(i), by deleting the word "stopping'' and the words "and rehabilitating the mine site'';
(d) in subparagraph (b)(ii), by deleting the words "ensuring complete restoration of'';
(e) in subparagraph (b)(iii),
(i) by deleting the words "immediately instituting an interim land withdrawal of the entire South Nahanni Watershed to prevent'',
(ii) by deleting the word "and'' at the end; and(f) by adding, after paragraph (b),
(i) a new paragraph (c) to read as follows:
"(c) to include as part of the review:
(i) a response to the Senate report, Northern Parks — A New Way that indicates the government's policy to ensure employment and economic benefits from the creation of northern parks will flow to local aboriginal people, and
(ii) a complete assessment of mineral and energy resources in the area'', and
(ii) by relettering the current paragraph (c) as (d). —(Honourable Senator Christensen).
After debate,
The Honourable Senator LeBreton for the Honourable Senator Di Nino moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 40, 59, 3, (motions), 1 (inquiry), 28, 9 (motions) and 10 (inquiry) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Kenny moved, seconded by the Honourable Senator Fairbairn, P.C.:
That, notwithstanding the Order of the Senate adopted on February 13, 2004, the date for the final report by the Standing Senate Committee on National Security and Defence on the need for a national security policy for Canada be extended from June 30, 2004, to September 30, 2005.
After debate,
The Honourable Senator Lynch-Staunton 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.
The Honourable Senator Day for the Honourable Senator Meighen moved, seconded by the Honourable Senator Biron:
That, notwithstanding the Order of the Senate adopted on February 26, 2004, the date for the final report by the Standing Senate Committee on National Security and Defence on Veterans' Services and Benefits, Commemorative Activities and Charter be extended from June 30, 2004, to September 30, 2005.
After debate,
The Honourable Senator Lynch-Staunton 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 the Order adopted on February 23, 2004, 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 Angus 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 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,''.
The subamendment was negatived on the following vote:
YEAS
The Honourable Senators
Angus, Cochrane, Comeau, Cools, Di Nino, Eyton, Forrestall, Gustafson, Kelleher, Keon, Lawson, Lynch-Staunton, Plamondon, Rivest, St. Germain, Stratton, Tkachuk—17
NAYS
The Honourable Senators
Atkins, Austin, Bacon, Banks, Biron, Callbeck, Chaput, Christensen, Cook, Day, Fairbairn, Finnerty, Furey, Gauthier, Gill, Harb, Hervieux-Payette, Jaffer, Joyal, Kenny, Lapointe, Losier-Cool, Maheu, Mahovlich, Massicotte, Moore, Morin, Munson, Murray, Phalen, Robichaud, Rompkey, Spivak, Watt—34
ABSTENTIONS
The Honourable Senators
Corbin, Ferretti Barth, Sibbeston—3
At 5:35 p.m., pursuant to the Order adopted on February 23, 2004, the Senate adjourned until 1:30 p.m. tomorrow.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Clerk of the Privy Council and Secretary to the Cabinet to the Prime Minister on the Public Service of Canada for the year ending March 31, 2004, pursuant to the Public Service Employment Act, R.S.C. 1985, c. P-33, sbs. 47(2).—Sessional Paper No. 3/37- 162.
Actuarial Report supplementing the Actuarial Report of the Chief Actuary on the Canada Pension Plan dated December 31, 2000, pursuant to the Canada Pension Plan Act, S.C. 1997, c. 40, s. 96.—Sessional Paper No. 3/37- 163.
Report of the Canada Development Investment Corporation (including Canada Hibernia Holding Corporation), 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- 164.
Summaries of the Corporate Plan for 2004-2008 and of the Capital Budget for 2004 of the Canada Development Investment Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/37-165.
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Bryden (April 20).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Poy substituted for that of the Honourable Senator Grafstein (April 21).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Robichaud substituted for that of the Honourable Senator Bryden (April 21).