Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 38
Thursday, May 6, 2004
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Callbeck, Chaput, Christensen, Cochrane, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Downe, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Hays, Hervieux-Payette, Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Oliver, Pearson, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Smith, Sparrow, Stollery, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Callbeck, Chaput, Christensen, Cochrane, Cook, Cools, Corbin, Cordy, Day, Di Nino, Doody, Downe, Fairbairn, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Hays, Hervieux-Payette, Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Oliver, Pearson, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Smith, Sparrow, Stollery, *Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Murray, P.C., presented the following:
THURSDAY, May 6, 2004
The Standing Senate Committee on National Finance has the honour to present its
EIGHTH REPORT
Your Committee, 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, that the Senate approve the appointment of Maria Barrados, of Ottawa, Ontario, as President of the Public Service Commission for a term of seven years, has, in obedience to the Order of Reference of Tuesday, April 27, 2004, heard from the Honourable Denis Coderre, P.C., M.P., President of the Queen's Privy Council for Canada and from Mrs. Maria Barrados, and recommends that the Senate approve her appointment as President of the Public Service Commission.
Respectfully submitted,
LOWELL MURRAY
Chairman
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Doody, 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 LeBreton, Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Sixth Report (Bill S-17, An Act to amend the Citizenship Act, without amendment).
With leave of the Senate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator LeBreton, that the Bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
WRITTEN DECLARATION OF ROYAL ASSENT
At 1:37 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
May 6, 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 6th day of May, 2004, at10:00 a.m.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, May 6, 2004
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 (Bill C-7, Chapter 15, 2004)
An Act to amend certain Acts (Bill C-17, Chapter 16, 2004)
An Act to give effect to the Westbank First Nation Self-Government Agreement (Bill C-11, Chapter 17, 2004)
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-30, An Act to implement certain provisions of the budget tabled in Parliament on March 23, 2004, 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 on Monday, May 10, 2004.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Cordy tabled the following:
Report of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meeting of the Defence and Security; Economics and Security, and Political Committees of the NATO Parliamentary Assembly, held in Brussels, Belgium, from February 15 to 17, 2004, and its participation at the Annual Economics and Security Committee Consultation with the OECD, held in Paris, France, on February 18 and 19, 2004. —Sessional Paper No. 3/37-202.
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With leave,
The Senate reverted to Presentation of Reports From Standing or Special Committees.
The Honourable Senator Furey presented the following:
THURSDAY, May 6, 2004
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
EIGHTH REPORT
Your Committee, to which was referred Bill C-20, An Act to change the names of certain electoral districts, has, in obedience to the Order of Reference of Tuesday, March 9, 2004, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
GEORGE FUREY
Chair
Observations to the Eighth Report of the Standing Senate Committee on Legal and Constitutional Affairs
Bill C-20 changes the names of 38 electoral districts, all of which were established by the 2003 Representation Order under the Electoral Boundaries Readjustment Act. This is not the first time a bill to change riding names has come before us; nor is it the first time we have made substantial observations on such bills.
Since February 27, 1996, when the second session of the 35th Parliament commenced, there have been 15 bills to change the names of electoral districts, of which 6 have become law.
The Electoral Boundaries Readjustment Act establishes the independent process by which constituency boundaries, and their names, are established following each decennial census. A three-person commission in each province prepares a report, following which there can be public hearings and representations. Once the commission's reports on the new boundaries and names are completed, they are tabled in the House of Commons, where Members may file objections. The House Committee that studies the reports then reports back to the commissions, which make the final decisions.
Members of Parliament, however, often remain unsatisfied with the final decisions of the commissions and may introduce a bill to change the names yet again. Members also introduce such bills at times unrelated to a Representation Order. In June 2000, when studying a similar bill, Bill C-473, your Committee objected to changing boundary names in this fashion. Such a process was not as open and transparent as the one described above. We noted then that it was confusing and costly, and that there should be a degree of permanency to constituency names:
8. While there are many valid reasons for wanting to change constituency names, your Committee believes that the ad hoc and frequent nature of such changes must be discouraged. It is confusing and there are costs associated with it. There needs to be a degree of permanency to the names of the constituencies: they should not be changed whenever there is a newly elected Member or representation from part of a constituency. A clearly established procedure exists under the Electoral Boundaries Readjustment Act, which should be followed. This also has the advantage that the decision rests with the neutral three-person commission, and there is opportunity for public notice and input...
9. Your Committee understands that extraordinary situations can arise at other times that may require constituency name changes. Your Committee also believes that the process in such cases must be much clearer and more transparent. Your Committee received submissions that reinforced the need for public consultation and input, to respect the fact that residents of a constituency strongly identify with its name. There should be a requirement for some form of public notice in the constituency, and provision for public comments. Guidelines to this effect could be adapted from the procedures set out under the Electoral Boundaries Readjustment Act.
Those observations are as valid today as they were four years ago.
With respect to the costs associated with boundary name changes, on April 2, 2004, Mr Jean-Pierre Kingsley, Chief Electoral Officer, and Ms. Diane Davidson, Deputy Chief Electoral Officer and Chief Legal Counsel, testified before this Committee concerning Bill C-20. They informed your Committee that if the bill becomes law and an election is called after September 1, 2004 (the date the Act comes into force), the costs arising from the name changes would amount to some $500,000. Even if the election is called before that time, there will be significant costs as a result of the bill. This is not to say that these costs are unacceptable; it is just to recognize that they exist.
Your Committee notes that on April 2, 2004 the House of Commons Standing Committee on Procedure and House Affairs presented its Sixteenth Report to the House. The report related to the electoral boundaries readjustment process and the experience of the Subcommittee established to deal with objections of Members of Parliament to the reports of the electoral boundaries commissions. The report also dealt with riding names, and echoed your Committee's reluctance to deal with bills to change the names. As the report noted:
45. As a final point, as the commissions themselves recognized, if a riding name remains unchanged despite an objection, a Member can always use the option of a private Member's bill to change the name of the riding. It seems pointless to us for House business to be needlessly taken up with name changes from the commissions. Changes after the fact also lead to additional costs and work for Elections Canada. Therefore, we would alter the commissions' power in the case of riding names: when the responsible parliamentary committee unanimously supports an objection on a name change, the recommendation of that committee should be binding on the commission.
Recommendation 9
The Committee recommends that:
Section 23 of the Electoral Boundaries Readjustment Act be changed so that in the case of an objection to a proposed electoral district name, and where there is a unanimous recommendation of the relevant committee of the House that considers the objection, that the electoral boundaries commission shall follow the recommendation of the committee. This would simplify the business of the House of Commons and the Senate, which has already expressed dissatisfaction with private Members' bills to change riding names.
Your Committee finds this to be a sensible recommendation and supports the amendment to the Electoral Boundaries Readjustment Act proposed by the House of Commons committee.
Your Committee reiterates that there should be a revised process with the support of Guidelines provided by the Chief Electoral Officer to govern the changes of names at other times should extraordinary situations arise that may require constituency name changes.
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 third reading at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Furey, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Ninth Report (Bill C-3, An Act to amend the Canada Elections Act and the Income Tax Act, without amendment).
The Honourable Senator Mercer moved, seconded by the Honourable Senator Chaput, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Third Winter Session of the Parliamentary Assembly of the Organization on Security and Cooperation in Europe, held in Vienna, Austria, on February 19 and 20, 2004.—Sessional Paper No. 3/37-203.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill C-28, An Act to amend the Canada National Parks Act.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be read the second time.
After debate,
The Honourable Senator Kinsella 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.
Second reading of Bill C-9, An Act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa).
The Honourable Senator Corbin moved, seconded by the Honourable Senator LaPierre, that the Bill be read the second time.
After debate,
The Honourable Senator Keon 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
Third reading of Bill S-17, An Act to amend the Citizenship Act.
The Honourable Senator Kinsella moved, seconded by the Honourable Senator LeBreton, that the Bill be read the third time.
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Consideration of the Fourth Report (Interim) of the Standing Senate Committee on Agriculture and Forestry entitled: The BSE Crisis — Lessons for the Future, deposited with the Clerk of the Senate on April 15, 2004.
After debate,
The Honourable Senator Fairbairn, P.C. moved, seconded by the Honourable Senator Cook, that further debate on the consideration of the Report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Bacon, seconded by the Honourable Senator Maheu, for the adoption of the Sixth Report of the Standing Committee on Internal Economy, Budgets and Administration (document entitled Senate Administrative Rules) tabled in the Senate on March 31, 2004.
After debate,
The question being put on the motion, it was adopted on division.
Orders No. 4 to 7 were called and postponed until the next sitting.
Other
Orders No. 6 (inquiry), 41 (motion), 3 (inquiry), 67 (motion), 5 and 11 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Poy:
That the Standing Committee on Rules, Procedures and the Rights of Parliament study the manner in which Private Members Business, including Bills and Motions, are dealt with in this Chamber and that the Committee report back no later than November 30, 2004.
After debate,
The Honourable Senator LeBreton for the Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 59, 3, (motions), 1 (inquiry), 28 (motion) and 10 (inquiry) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Stollery moved, seconded by the Honourable Senator Corbin:
That, notwithstanding the Order of the Senate adopted on February 10, 2004, the date for the final report of the Standing Senate Committee on Foreign Affairs regarding its study of the Canada — United States of America trade relationship and the Canada — Mexico trade relationship be extended from June 30, 2004 to March 31, 2005.
After debate,
The question being put on the motion, it was adopted.
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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 Monday, May 10, 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):
Report on Northern oil and gas for the year 2003, pursuant to the Canada Petroleum Resources Act, R.S.C. 1985, c. 36 (2nd Supp.), s. 109.—Sessional Paper No. 3/37- 198.
Report of the Canadian Tourism Commission, 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- 199.
Reports of the Canadian Tourism Commission 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- 200.
Report of the Canada Mortgage and Housing 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- 201.
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 4:29 p.m. the Senate was continued until Monday, May 10, 2004, at 8:00 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Morin and Kinsella substituted for those of the Honourable Senators Smith and Buchanan (May 5).
The names of the Honourable Senators Smith, Lynch-Staunton, Buchanan, Robichaud and Di Nino substituted for those of the Honourable Senators Morin, Nolin, Kinsella, Cools and Buchanan (May 6).
Standing Senate Committee on National Finance
The name of the Honourable Senator Lynch-Staunton substituted for that of the Honourable Senator Comeau (May 5).
The name of the Honourable Senator Comeau substituted for that of the Honourable Senator Lynch-Staunton (May 6).
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Robertson and Keon substituted for those of the Honourable Senators Forrestall and Kinsella (May 6).