Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 8
Tuesday, October 26, 2004
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Atkins, Austin, Bacon, Banks, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Doody, Downe, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Gill, Grafstein, Gustafson, Harb, Hays, Hubley, Joyal, Kenny, Keon, Kinsella, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Oliver, Pépin, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Atkins, Austin, Bacon, Banks, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Cordy, *Day, Doody, Downe, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Gill, Grafstein, Gustafson, Harb, Hays, Hubley, *Jaffer, Joyal, Kenny, Keon, Kinsella, *Kirby, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Oliver, *Pearson, Pépin, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
The Honourable Senator Rompkey, P.C. moved, seconded by the Honourable Senator Stratton:
That the Address of His Excellency Vicente Fox Quesada, President of the United States of Mexico, to Members of both Houses of Parliament, delivered on Monday, October 25, 2004, together with the introductory speech by the Right Honourable the Prime Minister of Canada and the speeches delivered by the Speaker of the Senate and the Speaker of the House of Commons, be printed as an Appendix to the Debates of the Senate of this day.
The question being put on the motion, it was adopted.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Rompkey, P.C., tabled the following:
Report of the Commissioner of the Environment and Sustainable Development to the House of Commons for the year 2004, pursuant to the Auditor General Act, S.C. 1995, c. 43, sbs. 23(3).—Sessional Paper No. 1/38-181.
Annual Report for Genome Canada, 2003-2004.—Sessional Paper No. 1/38-182.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Smith, P.C., Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, tabled its first report (reprint of the Rules of the Senate dated October 2004).—Sessional Paper No. 1/38- 183S.
The Honourable Senator Smith, P.C., tabled the following (Sessional Paper No. 1/38-184S):
Tuesday, October 26, 2004
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to table its
SECOND REPORT
Pursuant to Rule 104, your Committee reports that the expenses incurred by the Committee during the Third Session of the Thirty-Seventh Parliament were as follows:
Professional & Other Services $ 2,949 Witness Expenses 963 Total $ 3,912
During the Third Session of the Thirty-Seventh Parliament, your Committee met 10 times, totaling 14.3 hours, tabled or presented a total of 3 reports, and heard 13 witnesses.
On February 18, 2004, your Committee tabled an updated version of the Rules of the Senate dated February 2004 as its Second Report.
On March 23, 2004, your Committee, as its Third Report to the Senate, presented its report on Bill C-4, an Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence, which had been referred to it on Thursday, February 26, 2004. The bill was reported without amendment.
The report was adopted by the Senate on March 23, 2004.
Respectfully submitted,
DAVID SMITH
Chair
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Carstairs, P.C., for the second reading of Bill S-10, A second Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Bacon, 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.
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 Lynch-Staunton, that further debate on the motion in amendment be adjourned until the next sitting.
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 Fraser, for the third 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 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.
Resuming debate on the motion of the Honourable Senator Lapointe, seconded by the Honourable Senator De Bané, P.C., for the second reading of Bill S-11, An Act to amend the Criminal Code (lottery schemes).
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 Joyal, P.C., 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.
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Corbin, for the second reading of Bill S-5, An Act to repeal legislation that has not come into force within ten years of receiving royal assent.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Banks moved, seconded by the Honourable Senator Ferretti Barth, that the bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Second reading of Bill S-12, An Act concerning personal watercraft in navigable waters.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Murray, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Rompkey, P.C. for the Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6 to 10 were called and postponed until the next sitting.
Reports of Committees
Consideration of the First Report of the Standing Joint Committee for the Scrutiny of Regulations (permanent order of reference and expenses re rule 104), presented in the Senate on October 21, 2004.
The Honourable Senator Bryden moved, seconded by the Honourable Senator Poy, that the report be adopted.
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 Comeau moved, seconded by the Honourable Senator LeBreton:
That, pursuant to rule 131(2), the Senate request a complete and detailed response from the Government to the fourth report of the Standing Senate Committee on Fisheries and Oceans, entitled Nunavut Fisheries: Quota Allocations and Benefits, tabled in the Senate on April 1, 2004 and adopted on May 13, 2004, during the Third Session of the Thirty-seventh Parliament, with the Minister of Fisheries and Oceans being identified as Minister responsible for responding to the Report.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Callbeck:
That the Standing Senate Committee on Legal and Constitutional Affairs 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 Bacon moved, seconded by the Honourable Senator Pépin:
That the Standing Senate Committee on Legal and Constitutional Affairs 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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the use of arrest without warrant (pursuant to the Anti-terrorism Act) for the year 2003, pursuant to the Criminal Code, S.C. 2001, c. C-41, sbs. 83.31(3).—Sessional Paper No. 1/38-166.
Report of the Canada Foundation for Innovation, together with the Auditors' Report, for the fiscal year ended March 31, 2004, pursuant to the Budget Implementation Act, 1997, S.C. 1997, c. 26, sbs. 29(3).—Sessional Paper No. 1/ 38-167.
Summaries of the Corporate Plan for 2004-2005 to 2008-2009 and of the Operating and Capital Budgets for 2004- 2005 of the Standards Council of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-168.
Report of the Security Intelligence Review Committee for the fiscal year ended March 31, 2004, pursuant to the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23, s. 53. —Sessional Paper No. 1/38-169.
Report on the use of electronic surveillance for the year 2003, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, sbs. 195(4). —Sessional Paper No. 1/38-170.
Report of the National DNA Data Bank of Canada for the fiscal year ended March 31, 2004, pursuant to the DNA Identification Act, S.C. 2000, c. 10, s. 12.—Sessional Paper No. 1/38-171.
Report of the Freshwater Fish Marketing 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 No. 1/38-172.
Report on the administration of the Atlantic Fisheries Restructuring Act for the fiscal year ended March 31, 2004, pursuant to the Act, R.S.C. 1985, c. A-14, sbs. 8(1).—Sessional Paper No. 1/38-173.
Reports of the Department of Fisheries and Oceans 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. 1/38-174.
Report on the activities of the Courts Administration Service for the fiscal year ended March 31, 2004, pursuant to the Courts Administration Service Act, S.C. 2002, c. 8, s. 12(2).—Sessional Paper No. 1/38-175.
Reports of the Canadian Human Rights Commission 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- 176.
Report of the Royal Canadian Mounted Police External Review Committee for the fiscal year ended March 31, 2004, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. 8 (2nd Supp.), s. 30.—Sessional Paper No. 1/38-177.
Reports of the Department of Agriculture and Agri-Food 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- 178.
Reports of the Canadian Food Inspection Agency 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. 1/38-179.
Reports of the Department of Human Resources and Skills Development for the period December 12, 2003 to 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. 1/38-180.
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 3:55 p.m. the Senate was continued until 2 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Pearson (October 21).
The names of the Honourable Senators Poulin and Kenny substituted for those of the Honourable Senators Cook and Furey (October 25).
The name of the Honourable Senator Poulin removed from the membership (October 25).
The name of the Honourable Senator Furey substituted for that of the Honourable Senator Kenny (October 26).
Standing Senate Committee on Energy, the Environment and Natural Resources
The names of the Honourable Senators Kenny, Adams and Kenny substituted for those of the Honourable Senators Adams, Kenny and Gill (October 25).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Gill substituted for that of the Honourable Senator Harb (October 25).
Standing Senate Committee on Fisheries and Oceans
The names of the Honourable Senators Bryden, Cook and Fitzpatrick removed from the membership (October 25).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Poulin (October 25).
Standing Senate Committee on National Finance
The name of the Honourable Senator Smith substituted for that of the Honourable Senator Poy (October 25).
The names of the Honourable Senators Hubley and Mahovlich substituted for those of the Honourable Senators Day and Smith (October 26).
Standing Senate Committee on Official Languages
The name of the Honourable Senator Gauthier removed from the membership (October 25).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Gill removed from the membership (October 25).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Kelleher (October 26).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Smith substituted for that of the Honourable Senator Robichaud (October 26).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Johnson (October 26).