Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 6
Wednesday, October 20, 2004
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, *Smith, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Stollery tabled the following (Sessional Paper No. 1/38-153S):
Wednesday, October 20, 2004
The Standing Senate Committee on Foreign Affairs 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 Services $ 374 Transportation and Communication — All Other Expenditures — Witness Expenses — Total $ 374
2. With respect to its special study on the Canada — United States of America trade relationship and on the Canada — Mexico trade relationship:
Professional Services $ 4,649 Transportation and Communication 34,235 All Other Expenditures — Witness Expenses 1,445 Total $ 40,329
During the session under consideration, your Committee considered three (3) orders of reference, held ten (10) meetings, heard from thirty-two (32) witnesses and submitted four (4) reports in relation to its work.
Your Committee examined one (1) bill and reported thereon without amendment.
Your committee travelled on a fact-finding visit to Mexico City from February 28 to March 3, 2004.
Respectfully submitted,
PETER A. STOLLERY
Chair
The Honourable Senator Kirby tabled the following (Sessional Paper No. 1/38-154S):
Wednesday, October 20, 2004
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to table its
FIRST REPORT
Your Committee, which was authorised 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 follow:
1. With respect to its examination and consideration of legislation:
Professional and Other Services $ 2,056 Transport and Communications 47 Other Expenditures — Witness Expenses 33,283 Total $ 35,386
2. With respect to its special study on mental health and mental illness:
Professional and Other Services $ 6,817 Transport and Communications 10,803 Other Expenditures — Witness Expenses 21,500 Total $ 39,120
During the session in question, your Committee received 6 orders of reference, held 20 meetings, and received evidence from 112 witnesses over a period of approximately 44 hours. Five bills were referred to the Committee. In total, your Committee produced 6 reports.
Respectfully submitted,
MICHAEL KIRBY
Chair
Introduction and First Reading of Senate Public Bills
The Honourable Senator Forrestall presented a Bill S-14, An Act to protect heritage lighthouses.
The bill was read the first time.
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Tkachuk, that the bill be placed on the Orders of the Day for a second reading on October 27, 2004.
The question being put on the motion, it was adopted.
The Honourable Senator Oliver presented a Bill S-15, An Act to prevent unsolicited messages on the Internet.
The bill was read the first time.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Comeau, 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.
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 Organization for Security and Cooperation in Europe Parliamentary Assembly Expanded Bureau Meeting, held in Copenhagen, Denmark, on April 23 and 24, 2004.—Sessional Paper No. 1/38-155.
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association concerning its participation at the Thirteenth Annual Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly, held in Edinburgh, Scotland, from July 5 to 9, 2004.—Sessional Paper No. 1/38-156.
The Honourable Senator Lynch-Staunton tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the meeting of the Committee on Economic Affairs and Development at the OECD held in Paris, France on June 18, 2004, and at the Third Part of the 2004 Ordinary Session of the Parliamentary Assembly Council of Europe held in Strasbourg, France from June 21 to 25, 2004.—Sessional Paper No. 1/38-157.
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,
And on the motion in amendment of the Honourable Senator Kinsella, seconded by the Honourable Senator Stratton, that the following be added to the Address:
"and we urge Your Excellency's advisors, when implementing the details of their proposals, to review the Employment Insurance program to ensure that it remains well-suited to the needs of Canada's workforce, to reduce and improve the fairness of taxes, to be unwavering in the application of fiscal discipline, to examine the need and options for reform of our democratic institutions, including electoral reform, and to rise above partisanship to address the public interest;
That Your Excellency's advisors consider the advisability of the following:
1. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to recommend measures that would ensure that all future uses of the employment insurance program would only be for the benefit of workers and not for any other purpose;
2. opportunities to further reduce the tax burden on low and modest income families consistent with the government's overall commitment to balanced budgets and sound fiscal management;
3. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to make recommendations relating to the provisions of independent fiscal forecasting advice for parliamentarians including the consideration of the recommendations of the external expert;
4. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to recommend a process that engages citizens and parliamentarians in an examination of our electoral system with a review of all options;
5. with respect to an agreement on ballistic missile defence, the assurance that Parliament will have an opportunity to consider all public information pertaining to the agreement and to vote prior to a government decision;
And we ask Your Excellency's advisors to ensure that all measures brought forward to implement the Speech from the Throne, including those referred to above, fully respect the provinces' areas of jurisdiction and that the financial pressures some call the fiscal imbalance be alleviated.''
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator LeBreton, that further debate on the motion in amendment 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 the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Estimates for the fiscal year ending March 31, 2005, with the exception of Parliament Vote 10; and
That the papers and evidence received and taken on the subject during the Third Session of the Thirty-seventh Parliament be referred to the Committee.
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 the Standing Joint Committee on the Library of Parliament be authorized to examine the expenditures set out in Parliament Vote 10 of the Estimates for the fiscal year ending March 31, 2005;
That the papers and evidence received and taken on the subject during the Third Session of the Thirty-seventh Parliament be referred to the Committee; and
That a message be sent to the House of Commons to acquaint that House accordingly.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Second reading of Bill S-2, An Act to amend the Citizenship Act.
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Cook, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Cook, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Orders No. 2 to 6 were called and postponed until the next sitting.
Second reading of Bill S-9, An Act to amend the Copyright Act.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Day moved, seconded by the Honourable Senator Corbin, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Other
Order No. 1 was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Banking, Trade and Commerce be authorized to examine and report upon the present state of the domestic and international financial system;
That the papers and evidence received and taken on the subject during the Thirty-seventh Parliament and any other relevant Parliamentary papers and evidence on the said subject be referred to the Committee; and
That the Committee submit its final report no later than December 31, 2005.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Corbin moved, seconded by the Honourable Senator Grafstein:
That the Standing Senate Committee on Official Languages have power to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject matters of bills and estimates as are referred to it.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Banking, Trade and Commerce have power to engage services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject matters of bills and estimates as are referred to it.
The question being put on the motion, it was adopted.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Banking, Trade and Commerce be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
The question being put on the motion, it was adopted.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Day:
That the Standing Senate Committee on National Security and Defence have power to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject matters of bills and estimates as are referred to it.
The question being put on the motion, it was adopted.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Day:
That the Standing Senate Committee on National Security and Defence be authorized to examine and report on the national security policy of Canada. In particular, the Committee shall be authorized to examine:
(a) the capability of the Department of National Defence to defend and protect the interests, people and territory of Canada and its ability to respond to and prevent a national emergency or attack, and the capability of the Department of Public Safety and Emergency Preparedness to carry out its mandate;
(b) the working relationships between the various agencies involved in intelligence gathering, and how they collect, coordinate, analyze and disseminate information and how these functions might be enhanced;
(c) the mechanisms to review the performance and activities of the various agencies involved in intelligence gathering; and
(d) the security of our borders and critical infrastructure.
That the papers and evidence received and taken during the Thirty-seventh Parliament be referred to the Committee; and
That the Committee report to the Senate no later than March 31, 2006 and that the Committee retain all powers necessary to publicize the findings of the Committee until May 31, 2006.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Day:
That the Standing Senate Committee on National Security and Defence be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Economic Development Agency of Canada for the Regions of Québec 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 No. 1/38-148.
Reports of the Department of Public Works and Government Services 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 No. 1/38-149.
Reports of Communication Canada 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 No. 1/38-150.
Reports of the Law Commission of Canada 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 No. 1/38-151.
Report of the Public Service Commission of Canada for the fiscal year ended March 31, 2004, pursuant to the Public Service Employment Act, R.S.C. 1985, c. P-33, sbs. 47(2).—Sessional Paper No. 1/38-152.
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 4:09 p.m. the Senate was continued until 2 p.m. tomorrow.)