Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
(Unrevised)
1st Session, 38th Parliament
Issue 4
Thursday, October 7, 2004
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Grafstein, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Keon, Kinsella, Kirby, LaPierre, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, Massicotte, Mercer, Merchant, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Prud'homme, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Grafstein, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, *Kenny, Keon, Kinsella, Kirby, LaPierre, Lavigne, LeBreton, Léger, Losier-Cool, *Lynch-Staunton, Maheu, Mahovlich, Massicotte, Mercer, Merchant, *Milne, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Prud'homme, *Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
The Senate observed a minute of silence to the memory of Lieutenant Saunders, whose tragic death occurred October 6, 2004, while serving his country on the submarine HMCS Chicoutimi.
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Austin, P.C., tabled the following:
Document entitled: Conflict of Interest and Post-employment Code for Public Office Holders, dated 2004.—Sessional Paper No. 1/38-73.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Fraser tabled the following (Sessional Paper No. 1/38-74S):
Thursday, October 7, 2004
The Standing Senate Committee on Transport and Communications has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104, that the expenses incurred by the Committee during the Third Session of the Thirty-seventh Parliament are as follows:
1. With respect to its examination of legislation:
Professional and Other Services $ 715 Transport and Communications — Other Expenditures — TOTAL $ 715 Witness Expenses $ 897
2. With respect to its study of the current state of Canadian media industries:
Professional and Other Services $ 10,989 Transport and Communications — Other Expenditures — TOTAL $ 10,989 Witness expenses $ 2,929
Your Committee notes that witness expenses are not paid out of the budgets of individual committees.
Your Committee received 3 orders of reference from the Senate during the session in question. It held 18 meetings during this period, receiving evidence from 56 witnesses over more than 33 hours, and submitted 4 reports to the Senate dealing with its work.
Respectfully submitted,
JOAN FRASER
Chair
The Honourable Senator Comeau tabled the following (Sessional Paper No. 1/38-75S):
Thursday, October 7, 2004
The Standing Senate Committee on Fisheries and Oceans has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104, that the expenses incurred by the Committee during the Third Session of the Thirty-seventh Parliament are as follows:
1. With respect to its study on straddling stocks and fish habitat:
Professional Services $ 1,494 Transportation — Other, Miscellaneous — Witness Expenses 600 TOTAL $ 2,094
2. With respect to its study relating to quota allocations and benefits to Nunavut and Nunavik fishermen:
Professional Services $ 1,919 Transportation — Other, Miscellaneous — Witness Expenses $ 1,555 TOTAL $ 3,474
During the session, your Committee held 8 meetings over more than 12 hours, heard 14 witnesses and submitted 4 reports in relation to its work.
Respectfully submitted,
GERALD J. COMEAU
Chair
The Honourable Senator Fairbairn, P.C., tabled the following (Sessional Paper No. 1/38-76S):
Thursday October 7, 2004
The Standing Senate Committee on Agriculture and Forestry has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104, that the expenses of the Committee during the Third Session of the Thirty-seventh Parliament were as follows:
1. With respect to its special study into the issues related to the development and marketing of value-added agricultural, agri-food and forest products, of the domestic and international markets:
Professional and Other Services $ 741 Witness Expenses 5,757 TOTAL $ 6,498
2. With respect to its special study to hear from time to time witnesses, including both individuals and representatives form organizations, on the present state and the future of agriculture and forestry in Canada:
Professional and Other Services $ 1,038 Witness Expenses 7,017 TOTAL $ 8,055
During the session under consideration, your Committee considered two order of reference, held 15 meetings and received evidence form 41 witnesses over some 24 hours. Your Committee submitted 4 reports relating to its work.
Respectfully submitted,
JOYCE FAIRBAIRN
Chair
The Honourable Senator Andreychuk tabled the following (Sessional Paper No. 1/38-77S):
Thursday October 7, 2004
The Standing Senate Committee on Human Rights has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104 of the Rules, that the expenses incurred by the Committee during the Third Session of the Thirty-seventh Parliament are as follows:
1. With respect to its study on the resolution encapsulating the 2002 Berlin OSCE (PA) Resolution:
Professional and Other Services: $ 506 TOTAL: $ 506
2. With respect to its study on key legal issues affecting the subject of on-reserve matrimonial real property on the breakdown of a marriage or common law relationship and the policy context in which they are situated:
Professional and Other Services $ 35 Transport and Communications 779 TOTAL: $ 814
During the session under consideration, your Committee considered two orders of reference, held 5 meetings, and received evidence from 15 witnesses over some 6 hours. Your Committee submitted three reports relating to its work.
Respectfully submitted,
RAYNELL ANDREYCHUK
Chair
The Honourable Senator Grafstein tabled the following (Sessional Paper No. 1/38-78S):
Thursday, October 7, 2004
The Standing Senate Committee on Banking, Trade and Commerce has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104 of the rules, that the expenses incurred by the Committee during the Third Session of the Thirty-seventh Parliament are as follows:
1. With respect to its examination and consideration of legislation:
Professional and other services $ 305 Transportation and Communications — All other expenditures — Witness expenses $ 4,905 TOTAL $ 5,210
Of this amount, $565 is a reimbursement of expenses for a witness who appeared before the committee during the Second Session of the Thirty-Seventh Parliament.
During the session, your Committee held 14 meetings (19 hours), heard 39 witnesses and submitted 4 reports in relation to its work. Your Committee examined 3 bills (C-13, C-21, and C-249) and received a total of 7 orders of reference.
Respectfully submitted,
JERAHMIEL S. GRAFSTEIN
Chair
The Honourable Senator Oliver tabled the following (Sessional Paper No. 1/38-79S):
Thursday, October 7, 2004
The Standing Senate Committee on National Finance has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of the estimates and legislation referred to it, reports pursuant to Rule 104 of the Rules of the Senate, that the expenses incurred by the Committee during the Third Session of the Thirty-Seventh Parliament are as follows:
With respect to its consideration of estimates and legislation:
Professional Services $ 2,922 Witness expenses 343 TOTAL $ 3,265
Your Committee held 15 meetings, during which it heard 42 witnesses and presented 9 reports during the session. It reviewed the Main Estimates for 2003-2004 and began examination of the Main Estimates for 2004-2005. The Committee examined three bills: Bill C-212, Bill C-18 and Bill C-27.
Respectfully submitted,
DONALD OLIVER
Chair
The Honourable Senator Banks tabled the following (Sessional Paper No. 1/38-80S):
Thursday, October 7, 2004
The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to table its
FIRST REPORT
Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104, that the expenses incurred by the Committee during the Third Session of the Thirty-seventh Parliament are as follows:
1. With respect to its examination and consideration of legislation:
Professional Services $ 446 Transportation — Other, Miscellaneous — TOTAL $ 446 Witness expenses $ 5,042
2. With respect to its study on issues relating to energy, the environment and natural resources:
Professional Services $ 10,069 Transportation 14,062 Other, Miscellaneous — TOTAL $ 24,131 Witness expenses $ —
Your Committee notes that witness expenses are not paid out of the budgets of individual committees.
During the Third Session of the Thirty-Seventh Parliament, your Committee reviewed three (3) bills (C-28, C-260, and S-8), conducted a special study, met 13 times, totaling 11.4 hours, tabled or presented a total of 6 reports, and heard 11 witnesses.
On February 10, 2004, your Committee received an order of reference to examine emerging issues related to its mandate. Under this order of reference, the Committee continued its study of specific aspects of the government's plans for implementing the Kyoto Protocol. In particular, the Committee chose to focus on the One-Tonne Challenge, the government's call for each individual Canadian to reduce his or her emissions of greenhouse gases by one tonne per year. The Committee met in camera to study draft reports.
The work of the Committee on the special study was interrupted by the dissolution of Parliament before a report could be tabled in the Senate.
Respectfully submitted,
TOMMY BANKS
Chair
Introduction and First Reading of Senate Public Bills
The Honourable Senator Banks presented a Bill S-5, An Act to repeal legislation that has not come into force within ten years of receiving royal assent.
The bill was read the first time.
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, 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.
The Honourable Senator Banks presented a Bill S-6, An Act to amend the Canada Transportation Act (running rights for carriage of grain).
The bill was read the first time.
The Honourable Senator Banks moved, seconded by the Honourable Senator Ferretti Barth, 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.
The Honourable Senator Cools presented a Bill S-7, An Act to amend the Supreme Court Act (references by Governor in Council).
The bill was read the first time.
The Honourable Senator Cools moved, seconded by the Honourable Senator Angus, 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.
The Honourable Senator Cools presented a Bill S-8, An Act to amend the Judges Act.
The bill was read the first time.
The Honourable Senator Cools moved, seconded by the Honourable Senator Angus, 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.
The Honourable Senator Day presented a Bill S-9, An Act to amend the Copyright Act.
The bill was read the first time.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
Resuming debate on the motion of the Honourable Senator Munson, seconded by the Honourable Senator Chaput:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Adrienne Clarkson, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator Stratton for 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.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That, pursuant to rule 95(3), during the period of Friday, October 8 to Monday, October 18, 2004 inclusive, the committees of the Senate be authorized to meet even though the Senate may then be adjourned for a period exceeding a week.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Gauthier, seconded by the Honourable Senator Chaput, for the second reading of Bill S-3, An Act to amend the Official Languages Act (promotion of English and French).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Fraser, that the bill be referred to the Standing Senate Committee on Official Languages.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Kirby moved, seconded by the Honourable Senator Losier-Cool:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on issues arising from, and developments since, the tabling of its final report on the state of the health care system in Canada in October 2002. In particular, the Committee shall be authorized to examine issues concerning mental health and mental illness;
That the papers and evidence received and taken by the Committee on the study of mental health and mental illness in Canada in the Thirty-seventh Parliament be referred to the Committee, and
That the Committee submit its final report no later than December 16, 2005 and that the Committee retain all powers necessary to publicize the findings of the Committee until March 31, 2006.
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 Losier-Cool:
That when the Senate adjourns today, it do stand adjourned until Tuesday, October 19, 2004, at 2 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 the applications for ministerial review (miscarriages of justice) for the year 2003, pursuant to the Criminal Code, S.C. 2002, c. 13, s. 71.—Sessional Paper 1/38- 61.
Reports of the Department of the Environment for the fiscal year ended March 31, 2004, 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 1/38- 62.
Reports of the Department of Canadian Heritage for the fiscal year ended March 31, 2004, 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 1/38- 63.
Report of Farm Credit Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper 1/38- 64.
Report of the Sport Dispute Resolution Centre of Canada, together with the Auditors' Report, for the fiscal year ended March 31, 2004, pursuant to the Physical Activity and Sport Act, S.C. 2003, c. 2, s. 33.—Sessional Paper 1/38- 65.
Report of Defence Construction (1951) Limited, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper 1/38- 66.
Reports of Defence Construction (1951) Limited for the fiscal year ended March 31, 2004, 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 1/38- 67.
Report of the Canadian Commercial Corporation, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper 1/38-68.
Report of Export Development Corporation for the fiscal year ended March 31, 2004, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper 1/38- 69.
Report of the Canadian Commercial Corporation for the fiscal year ended March 31, 2004, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper 1/38- 70.
Reports of the Canadian Commercial Corporation for the fiscal year ended March 31, 2004, 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 1/38- 71.
Summaries of the Corporate Plan for 2004-2005 to 2008-2009 of the Operating and Capital Budgets and of the Borrowing Plan for 2004-2005 of the Canadian Commercial Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper 1/38- 72.
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 4:03 p.m. the Senate was continued until Tuesday, October 19, 2004, at 2 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Foreign Affairs
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Poy (October 7).
Standing Senate Committee on National Finance
The names of the Honourable Senators Downe and Poy substituted for those of the Honourable Senators Finnerty and Mahovlich (October 7).
Standing Senate Committee on Official Languages
The names of the Honourable Senators Gauthier and Buchanan substituted for those of the Honourable Senators Merchant and Meighen (October 7).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators LeBreton and Carney substituted for those of the Honourable Senators Carney and LeBreton (October 7).