Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 32
Thursday, April 22, 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, Baker, Banks, Biron, Callbeck, Carney, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Furey, Gauthier, Gill, Graham, Gustafson, Harb, Hervieux-Payette, Jaffer, Joyal, Kelleher, Kenny, Keon, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Merchant, Morin, Murray, Nolin, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Ringuette, Robichaud, Rompkey, 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, Banks, Biron, Callbeck, Carney, *Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Finnerty, Fitzpatrick, Forrestall, *Fraser, Furey, Gauthier, Gill, *Grafstein, Graham, Gustafson, Harb, *Hays, Hervieux-Payette, Jaffer, Joyal, Kelleher, Kenny, Keon, *Kirby, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Merchant, Morin, Murray, Nolin, *Oliver, *Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, *Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Sibbeston, *Smith, Sparrow, Spivak, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
WRITTEN DECLARATION OF ROYAL ASSENT
At 1:32 p.m. the Honourable the Speaker pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
April 22, 2004
Mr. Speaker:
I have the honour to inform you that the Right Honourable Adrienne Clarkson, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 22nd day of April, 2004, at 9:52 a.m.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, April 22, 2004
An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence (Bill C-8, Chapter 11, 2004)
An Act to amend the Criminal Code and other Acts (Bill C-14, Chapter 12, 2004)
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon, Chair of the Standing Committee on Internal Economy, Budgets and Administration tabled its Seventh Report (security).—Sessional Paper No. 3/37-167S.
The Honourable Senator Fairbairn, P.C., Deputy Chair of the Standing Senate Committee on Agriculture and Forestry, informed the Senate that, pursuant to Orders adopted on February 16 and April 1, 2004, the Committee had deposited with the Clerk of the Senate on April 15, 2004, its Fourth Report (Interim) entitled: The BSE Crisis — Lessons for the Future. —Sessional Paper No. 3/37-147S.
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Joyal, P.C., 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.
The Honourable Senator Tkachuk, Deputy Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Fourth Report (Bill C-21, An Act to amend the Customs Tariff, without amendment).
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator LeBreton, that the Bill 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.
Presentation of Petitions
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).
The Honourable Senator Morin presented petitions:
Of Residents of the Province of Ontario with respect to declaring Ottawa officially bilingual.
The Honourable Senator Trenholme Counsell presented petitions:
Of Residents of the Province of Ontario with respect to declaring Ottawa officially bilingual.
The Honourable Senator Ringuette presented petitions:
Of Residents of the Province of Ontario with respect to declaring Ottawa officially bilingual.
The Honourable Senator Harb presented petitions:
Of Residents of the Province of Ontario with respect to declaring Ottawa officially bilingual.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Mercer, seconded by the Honourable Senator Munson, for the second reading of Bill C-3, An Act to amend the Canada Elections Act and the Income Tax Act.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Rompkey P.C., moved, seconded by the Honourable Senator Losier-Cool, 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
Second reading of Bill S-10, An Act to amend the Marriage (Prohibited Degrees) Act and the Interpretation Act in order to affirm the meaning of marriage.
The Honourable Senator Cools moved, seconded by the Honourable Senator St. Germain, P.C, that the Bill be read the second time.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Maheu, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills
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.''.
After debate,
In amendment, the Honourable Senator Cools moved, seconded by the Honourable Senator Tkachuk, that the motion in amendment be amended by adding, before the words "ethnic origin'', the words "mental or physical disability,''.
After debate,
The question was put on the subamendment.
Pursuant to Rule 67(2), a standing vote was deferred until the next sitting after Friday at 5:30 p.m., with the bells to sound at 5:15 p.m. for fifteen minutes.
Order No. 2 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 6 were called and postponed until the next sitting.
Other
Order No. 67 (motion) was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Kenny, 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 Robichaud, P.C., 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.
Resuming debate on the motion of the Honourable Senator Meighen, 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,
In amendment, the Honourable Senator Day moved, seconded by the Honourable Senator Robichaud, P.C., that the motion be amended by replacing the words "September 30'' by the words "March 30''.
The question being put on the motion in amendment, it was adopted.
The question then being put on the main motion, as amended, it was adopted.
Ordered, That Order No. 73 (motion) be again called.
Resuming debate on the motion of the Honourable Senator Kenny, 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,
In amendment, the Honourable Senator Forrestall moved, seconded by the Honourable Senator Robichaud, P.C., that the motion be amended by replacing the words "September 30'' by the words "March 30''.
The question being put on the motion in amendment, it was adopted.
The question then being put on the main motion, as amended, it was adopted.
Orders No. 5, 11 (inquiries) 40, 59, 3, (motions), 1 (inquiry), 28, 9 (motions) and 10 (inquiry) were called and postponed until the next sitting.
MOTIONS
A Point of Order was raised as to the acceptability of the Notice of Motion of the Honourable Senator Murray, P.C., concerning Bill C-250, An Act to amend the Criminal Code (hate propaganda).
After debate,
The Speaker pro tempore reserved her decision.
The sitting was suspended.
The sitting resumed.
SPEAKER PRO TEMPORE'S RULING
The Point of Order raised by the Leader of the Opposition is that the motion of Senator Murray is in a possible conflict with the previous Order of the Senate setting the vote for the subamendment on the motion in amendment respecting the third reading of Bill C-250.
This question is actually hypothetical. There is no conflict as of yet. This motion has not been adopted nor has it been put to a vote. I might also point out that if there is a decision taken today on the motion of Senator Murray, it could be deferred which would eliminate the anticipated conflict.
All of this is to say that, at the moment, there is no valid point of order. Senator Murray will now put his motion.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Joyal, P.C.:
That it be an Order of the Senate that on the first sitting day following the adoption of this motion, at 3:00 p.m., the Speaker shall interrupt any proceedings then underway; and all questions necessary to dispose of third reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda) shall be put forthwith without further adjournment, debate or amendment; and that any vote to dispose of Bill C-250 shall not be deferred; and
That, if a standing vote is requested, the bells to call in the Senators be sounded for fifteen minutes, after which the Senate shall proceed to take each vote successively as required without the further ringing of the bells.
After debate,
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Maheu:
That the original question be now put.
After debate,
The Honourable Senator Stratton 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 negatived on the following vote:
YEAS
The Honourable Senators
Cools, Di Nino, Forrestall, Keon, Lynch-Staunton, St. Germain, Stratton, Tkachuk—8
NAYS
The Honourable Senators
Atkins, Biron, Christensen, Cook, Corbin, Day, Fairbairn, Finnerty, Furey, Gauthier, Joyal, Léger, Maheu, Mahovlich, Murray, Robichaud, Rompkey—17
ABSTENTIONS
The Honourable Senators
Nil
Pursuant to Rule 13(1), the Speaker left the Chair to resume the same at 8:00 p.m.
The sitting resumed.
MOTIONS
Resuming debate on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Joyal, P.C.:
That it be an Order of the Senate that on the first sitting day following the adoption of this motion, at 3:00 p.m., the Speaker shall interrupt any proceedings then underway; and all questions necessary to dispose of third reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda) shall be put forthwith without further adjournment, debate or amendment; and that any vote to dispose of Bill C-250 shall not be deferred; and
That, if a standing vote is requested, the bells to call in the Senators be sounded for fifteen minutes, after which the Senate shall proceed to take each vote successively as required without the further ringing of the bells,
And on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Maheu, that the original question be now put.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Lynch-Staunton:
That the Senate do now adjourn.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Cools, Forrestall, Keon, Lynch-Staunton, St. Germain, Stratton, Tkachuk—7
NAYS
The Honourable Senators
Atkins, Biron, Christensen, Cook, Corbin, Day, Fairbairn, Furey, Gauthier, Joyal, Léger, Maheu, Mahovlich, Murray, Ringuette, Robichaud, Rompkey—17
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed the debate on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Joyal, P.C.:
That it be an Order of the Senate that on the first sitting day following the adoption of this motion, at 3:00 p.m., the Speaker shall interrupt any proceedings then underway; and all questions necessary to dispose of third reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda) shall be put forthwith without further adjournment, debate or amendment; and that any vote to dispose of Bill C-250 shall not be deferred; and
That, if a standing vote is requested, the bells to call in the Senators be sounded for fifteen minutes, after which the Senate shall proceed to take each vote successively as required without the further ringing of the bells,
And on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Maheu, that the original question be now put.
After debate,
The question was put on the motion.
Pursuant to Rule 67(2), a standing vote was deferred until the next sitting after Friday.
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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 Robichaud, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, April 27, 2004, at 2:00 p.m.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 9:23 p.m. the Senate was continued until Tuesday, April 27, 2004, at 2:00 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Kroft (April 21).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Smith (April 21).
Standing Senate Committee on National Finance
The name of the Honourable Senator Mahovlich added to the membership (April 21).