Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 33
Tuesday, April 27, 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, Banks, Biron, Bryden, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Graham, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kroft, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Meighen, Mercer, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tkachuk, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Bryden, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, *Grafstein, Graham, Harb, *Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kroft, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Meighen, Mercer, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tkachuk, *Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Pursuant to Rule 43(7), the Honourable Senator Cools gave notice that she would raise a question of privilege in respect of events and actions during Senate proceedings on Thursday, April 22, 2004.
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Rompkey, P.C., tabled the following:
Document entitled: Securing an Open Society: Canada's National Security Policy.—Sessional Paper No. 3/37-175.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-21, An Act to amend the Customs Tariff.
The Honourable Senator De Bané, P.C., moved, seconded by the Honourable Senator Gill, that the Bill be read the third time.
After debate,
The Honourable Senator Lynch-Staunton for the Honourable Senator Meighen moved, seconded by the Honourable Senator Johnson, 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 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,
In amendment, the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Stratton, that the Senate not now proceed to the third reading, but that the Senate refer Bill C-7 to the Standing Senate Committee on Legal and Constitutional Affairs for analysis on the constitutionality of Bill C-7.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Atkins, Cochrane, Comeau, Di Nino, Eyton, LeBreton, Lynch-Staunton, Murray, Nolin, Oliver, Prud'homme, St. Germain, Spivak, Stratton, Tkachuk—16
NAYS
The Honourable Senators
Adams, Austin, Bacon, Banks, Biron, Bryden, Callbeck, Carstairs, Chaput, Christensen, Cook, Corbin, Day, De Bané, Downe, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Gauthier, Gill, Graham, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kroft, Lapointe, Lavigne, Léger, Losier-Cool, Maheu, Mercer, Morin, Munson, Pearson, Phalen, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Stollery, Watt—45
ABSTENTIONS
The Honourable Senators
Cools—1
The Senate resumed 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 Nolin moved, seconded by the Honourable Senator Tkachuk, that further debate on the motion be adjourned until the next sitting.
The question was put on the motion.
Ordered, That a standing vote be taken at 5:30 p.m. after all the business relating to the deferred votes has been concluded.,
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With leave,
The Senate reverted to Notices of Motions.
With leave of the Senate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Murray, P.C.:
That the Standing Senate Committee on Agriculture and Forestry have power to sit at 6:00 p.m. today, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk:
That the Standing Senate Committee on Fisheries and Oceans have power to sit at 7:00 p.m. today, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That in accordance with subsection 3(5) of the Act respecting employment in the Public Service of Canada, chapter P- 33 of the Revised Statutes of Canada, 1985, the Senate approve the appointment of Maria Barrados, of Ottawa, Ontario, as President of the Public Service Commission for a term of seven years.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Harb, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived on division.
Resuming debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Robichaud, P.C.:
That in accordance with subsection 3(5) of the Act respecting employment in the Public Service of Canada, chapter P- 33 of the Revised Statutes of Canada, 1985, the Senate approve the appointment of Maria Barrados, of Ottawa, Ontario, as President of the Public Service Commission for a term of seven years.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Rompkey, P.C., that the question be referred to the Standing Senate Committee on National Finance.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Prud'homme, P.C., that further debate on the motion 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 Rompkey, P.C., seconded by the Honourable Senator Robichaud, P.C.:
That in accordance with subsection 3(5) of the Act respecting employment in the Public Service of Canada, chapter P- 33 of the Revised Statutes of Canada, 1985, the Senate approve the appointment of Maria Barrados, of Ottawa, Ontario, as President of the Public Service Commission for a term of seven years,
And on the motion of the Honourable Senator Stratton, seconded by the Honourable Senator Rompkey, P.C., that the question be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted on division.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Gill, for the second reading of Bill S-9, An Act to honour Louis Riel and the Metis People.
Debate.
DEFERRED VOTES
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 Cools 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 Cools, 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,''.
The subamendment was negatived on the following vote:
YEAS
The Honourable Senators
Comeau, Cools, Di Nino, Eyton, Kelleher, Lynch-Staunton, St. Germain, Stratton, Tkachuk—9
NAYS
The Honourable Senators
Adams, Atkins, Austin, Bacon, Banks, Biron, Bryden, Callbeck, Carstairs, Chaput, Christensen, Cook, Corbin, Day, Downe, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Graham, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kroft, Lapointe, Lavigne, Léger, Losier-Cool, Maheu, Massicotte, Mercer, Morin, Munson, Murray, Pearson, Phalen, Ringuette, Robichaud, Rompkey, Smith, Spivak, Stollery, Watt—48
ABSTENTIONS
The Honourable Senators
Sibbeston—1
The Senate then proceeded to the taking of the deferred standing vote on the motion of the Honourable Senator Joyal, P.C., to the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Joyal, P.C., with respect to Bill C-250, An Act to amend the Criminal Code (hate propaganda).
The question was put on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Maheu, that the original question be now put.
The motion was adopted on the following vote:
YEAS
The Honourable Senators
Adams, Atkins, Austin, Bacon, Banks, Biron, Bryden, Callbeck, Carstairs, Chaput, Christensen, Cook, Corbin, Day, Downe, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Graham, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kroft, Lapointe Lavigne, Léger, Losier-Cool, Maheu, Massicotte, Mercer, Morin, Munson, Murray, Pearson, Phalen, Ringuette, Robichaud, Rompkey, Smith, Spivak, Stollery, Watt—48
NAYS
The Honourable Senators
Cochrane, Comeau, Cools, Di Nino, Eyton, Kelleher, Lynch-Staunton, St. Germain, Sibbeston, Stratton, Tkachuk—11
ABSTENTIONS
The Honourable Senators
Nil
The question was then put 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.
The motion was adopted on the following vote:
YEAS
The Honourable Senators
Adams, Atkins, Austin, Bacon, Banks, Biron, Bryden, Callbeck, Carstairs, Chaput, Christensen, Cook, Corbin, Day, Downe, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Graham, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kroft, Lapointe, Lavigne, Léger, Losier-Cool, Maheu, Massicotte, Mercer, Morin, Munson, Murray, Pearson, Phalen, Ringuette, Robichaud, Rompkey, Smith, Spivak, Stollery, Watt—48
NAYS
The Honourable Senators
Cochrane, Comeau, Di Nino, Eyton, Kelleher, Lawson, Lynch-Staunton, Oliver, St. Germain, Sibbeston, Stratton, Tkachuk—12
ABSTENTIONS
The Honourable Senators
Cools—1
The Senate then proceeded to the taking of the standing vote on the motion of the Honourable Senator Nolin, seconded by the Honourable Senator Tkachuk, that further debate on the motion for the third reading of Bill C-7 be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Atkins, Cochrane, Comeau, Di Nino, Eyton, Kelleher, Lawson, LeBreton, Lynch-Staunton, Murray, Nolin, Oliver, Prud'homme, Sibbeston, Spivak, St. Germain, Stratton, Tkachuk—19
NAYS
The Honourable Senators
Adams, Austin, Bacon, Banks, Biron, Bryden, Callbeck, Carstairs, Chaput, Christensen, Cook, Corbin, Day, Downe, Fairbairn, Ferretti Barth, Fraser, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Lapointe, Lavigne, Léger, Losier-Cool, Maheu, Massicotte, Mercer, Morin, Munson, Pearson, Phalen, Ringuette, Robichaud, Rompkey, Smith, Watt—38
ABSTENTIONS
The Honourable Senators
Nil
Pursuant to Rule 13(1), the Speaker pro tempore left the Chair to resume the same at 8:00 p.m.
The sitting resumed.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-11, An Act to give effect to the Westbank First Nation Self-Government Agreement, 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 Austin, 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-15, An Act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences, 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 Losier-Cool, 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.
QUESTION OF PRIVILEGE
Pursuant to Rule 43(8), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Cools in respect of events and actions during Senate proceedings on Thursday, April 22, 2004.
After debate,
The Speaker pro tempore reserved her decision.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills
The Order was called to resume debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Gill, for the second reading of Bill S-9, An Act to honour Louis Riel and the Metis People.
With leave of the Senate,
Debate on the motion was carried over to the next sitting in the name of the Honourable Senator Maheu.
With leave,
The Senate reverted to Order No. 2 under Government Business, Bills.
The Senate resumed 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,
In amendment, the Honourable Senator Nolin moved, seconded by the Honourable Senator Lynch-Staunton, that the Bill be not now read a third time but that it be amended, on page 103, by adding after line 26 the following:
"Review and Report
111.2 (1) Within three years after this Act receives royal assent, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
(2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends.''.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Biron, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Ordered, That Order No. 1 under Other Business, Commons Public Bills be brought forward.
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,
The question was put on the motion in amendment.
Pursuant to the Order adopted earlier this day, a standing vote was deferred until 3:00 p.m. tomorrow, with the bells to sound at 2:45 p.m. for fifteen minutes.
Ordered, That all remaining Orders be postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Order amending Part I of Schedule I to the Hazardous Products Act (Ban on Baby Walkers), pursuant to the Act, R.S.C. 1985, c. H-3, sbs. 7(1).—Sessional Paper No. 3/37-168.
Report of the Military Police Complaints Commission for the year 2003, pursuant to the National Defence Act, S.C. 1998, c. 35, s. 82.—Sessional Paper No. 3/37-169.
Reports of the Canada Port Authorities for the year ended December 31, 2003, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 3/37-170.
Management Plan for Kluane National Park and Reserve of Canada for 2004-2008, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 11(1).—Sessional Paper No. 3/37-171.
Management Plan for Vuntut National Park of Canada for 2004-2008, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 11(1).—Sessional Paper No. 3/37-172.
Management Plan for Nahanni National Park Reserve of Canada for 2004-2008, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 11(1).—Sessional Paper No. 3/37-173.
Summaries of the Corporate Plan for the period 2004-2005 to 2008-2009 and of the Operating and Capital Budgets for 2004-2005 of Farm Credit Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/37-174.
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 10:58 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
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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 Kroft substituted for that of the Honourable Senator Chaput (April 22).
Standing Senate Committee on National Finance
The name of the Honourable Senator Mahovlich removed from the membership (April 22).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Rivest added to the membership (April 22).
The name of the Honourable Senator Smith substituted for that of the Honourable Senator Banks (April 22).
Standing Senate Committee on Official Languages
The name of the Honourable Senator Rivest added to the membership (April 22).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Léger substituted for that of the Honourable Senator Trenholme Counsell (April 26).