Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 9
Wednesday, October 27, 2004
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, De Bané, Doody, Downe, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gill, Grafstein, Gustafson, Harb, Hays, Hubley, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Mercer, Merchant, 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, Angus, Atkins, Austin, Bacon, Banks, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, *Day, De Bané, Doody, Downe, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gill, Grafstein, Gustafson, Harb, Hays, Hubley, *Jaffer, Joyal, Kenny, Keon, Kinsella, *Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Introduction and First Reading of Senate Public Bills
The Honourable Senator St. Germain, P.C., presented a Bill S-16, An Act providing for the Crown's recognition of self-governing First Nations of Canada.
The bill was read the first time.
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Tkachuk, 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-United States Inter-Parliamentary Group respecting its participation at the US Congress on North American Market for Cattle, Beef and Animal Feed, held in Washington, D.C., from March 15 to 17, 2004.—Sessional Paper No. 1/38-236.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Microsoft Government Leaders Forum-Americas, held in Redmond, Washington, from May 16 to 18, 2004.—Sessional Paper No. 1/38-237.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Forty-fifth Annual Meeting, held in Coeur d'Alene, Idaho, from June 17 to 21, 2004.—Sessional Paper No. 1/38-238.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 2004 International Association of Great Lakes and St. Lawrence Mayors' Conference, held in Chicago, Illinois, from July 14 to 16, 2004.—Sessional Paper No. 1/38-239.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 2004 Annual Meeting of the National Conference of State Legislatures: The New Legislative Reality, held in Salt Lake City, Utah, from July 19 to 23, 2004.—Sessional Paper No. 1/38-240.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its attendance at the Democratic National Convention, held in Boston, Massachusetts, from July 26 to 29, 2004.—Sessional Paper No. 1/38-241.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Auto-Tech Conference of the Automotive Industry Action Group (AIAG), held in Detroit, Michigan, on August 31, 2004. —Sessional Paper No. 1/38-242.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Canadian/American Border Trade Alliance Conference, held in Washington, D.C., September 12 to 14, 2004.—Sessional Paper No. 1/38-243.
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 Tkachuk, 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
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill S-14, An Act to protect heritage lighthouses.
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Eyton, that the bill be read the second time.
After debate,
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Callbeck, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 to 8 were called and postponed until the next sitting.
Other
Order No. 1 was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Stollery moved, seconded by the Honourable Senator Mahovlich:
That the Standing Senate Committee on Foreign Affairs be authorized to join the Standing Committee on Foreign Affairs and International Trade of the House of Commons for a joint meeting in order to meet with a delegation of German parliamentarians; and
That the Committee be authorized to meet at 4 p.m. on Wednesday November 3, 2004, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
The Honourable Senator Bryden moved, seconded by the Honourable Senator Sibbeston:
That the Standing Joint Committee for the Scrutiny of Regulations 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 Smith, P.C., moved, seconded by the Honourable Senator Watt:
That the Standing Committee on Rules, Procedures and the Rights of Parliament 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 Smith, P.C., moved, seconded by the Honourable Senator Finnerty:
That the Standing Committee on Rules, Procedures and the Rights of Parliament be empowered 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 Stratton for the Honourable Senator Andreychuk moved, seconded by the Honourable Senator LeBreton:
That the Standing Senate Committee on Human Rights 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 Stratton for the Honourable Senator Andreychuk moved, seconded by the Honourable Senator LeBreton:
That the Standing Senate Committee on Human Rights 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):
Report of the Auditor General on the Export Development Canada's Environmental Review Directive and other environmental review processes, pursuant to the Export Development Act, R.S.C. 1985, c. E-20, sbs. 21(2). —Sessional Paper No. 1/38-185.
Reports of the Canadian Institutes of Health Research 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- 186.
Reports of the Department of Human Resources Development Canada for the period of April 1, 2003 to December 11, 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. 1/38-187.
Reports of the Department of Social Development Canada for the period of 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. 1/38-188.
Report on the administration of the Canada Petroleum Resources Act for the year 2003, pursuant to the Canada Petroleum Resources Act, R.S.C. 1985, c. 36 (2nd Supp.), s. 109. —Sessional Paper No. 1/38-189.
Report of the Association of Canada Lands Surveyors for the year ended June 11, 2004, pursuant to the Canada Land Surveyors Act, S.C. 1998, c. 14, sbs. 70(2).—Sessional Paper No. 1/38-190.
Reports of the Canadian Nuclear Safety 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- 191.
Report of the Business Development Bank of 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 No. 1/38-192.
Report of the National Research Council of Canada for the fiscal year ended March 31, 2004, pursuant to the National Research Council Act, R.S.C. 1985, c. N-15, s. 17.—Sessional Paper No. 1/38-193.
Report of the Canada Council for the Arts, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Canada Council Act, R.S.C. 1985, c. C-2, sbs. 21(2).—Sessional Paper No. 1/38-194.
Report of Telefilm Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Canadian Film Development Corporation Act, R.S.C. 1985, c. C-16, sbs. 23(2).—Sessional Paper No. 1/ 38-195.
Report of the National Capital Commission, 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. 1/38-196.
Report of the Canadian Race Relations Foundation, together with the Auditors' Report, for the fiscal year ended March 31, 2004, pursuant to the Canadian Race Relations Foundation Act, S.C. 1991, c. 8, sbs. 26(3).—Sessional Paper No. 1/38-197.
Report of the Canadian Museum of Civilization 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. 1/38-198.
Report of the National Gallery of Canada and its affiliate the Canadian Museum of Contemporary Photography, 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. 1/38-199.
Report of the Canadian Museum of Nature, 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. 1/38-200.
Report of the Canada Science and Technology Museum 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. 1/38-201.
Reports of the National Film Board 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. 1/38-202.
Reports of the Canadian Museum of Nature 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. 1/38-203.
Reports of the National Gallery 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. 1/38-204.
Reports of the National Battlefields 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. 1/38-205.
Reports of the Canada Science and Technology Museum 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 No. 1/38-206.
Reports of the Canadian Museum of Civilization 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 No. 1/ 38-207.
Reports of the Public Service Staff Relations Board 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. 1/38-208.
Reports of the Public Service 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- 209.
Reports of the Canadian Cultural Property Export Review Board 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. 1/38-210.
Reports of the Canadian Radio-television and Telecommunications Commission (CRTC) 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. 1/38-211.
Reports of Telefilm 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. 1/38-212.
Report of the National Arts Centre for the fiscal year ended August 31, 2004, pursuant to the Privacy Act, R.S. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 1/38-213.
Reports of Status of Women 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. 1/38-214.
Reports of the National Capital 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. 1/38-215.
Reports of the Canada Council for the Arts 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. 1/38-216.
Reports of Library and Archives 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. 1/38-217.
Reports of the Department of Finance 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. 1/38-218.
Reports of the Bank 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. 1/38-219.
Report of the Old Port of Montreal Corporation Inc., together with the Auditors' 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. 1/38-220.
Reports of the Canada Lands Company 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 No. 1/38-221.
Report of the Federal Bridge Corporation 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 No. 1/38-222.
Summaries of the Corporate Plans for 2004-2005 to 2008-2009 and of the Operating and Capital Budgets for 2004- 2005 of the Federal Bridge Corporation Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-223.
Report on the Witness Protection Program by the Commissioner of the Royal Canadian Mounted Police for the fiscal year ended March 31, 2004, pursuant to the Witness Protection Program Act, S.C. 1996, c. 15, s. 16.—Sessional Paper No. 1/38-224.
Report of the Royal Canadian Mounted Police Public Complaints Commission 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. 16.—Sessional Paper No. 1/ 38-225.
Reports of the Canadian Firearms Centre 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. 1/38-226.
Reports of the Department of Public Safety and Emergency Preparedness 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. 1/38-227.
Report of the International Development Research Centre, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the International Development Research Centre Act, R.S.C. 1985, c. I-19, sbs. 22(2).—Sessional Paper No. 1/38-228.
Report of the International Centre for Human Rights and Democratic Development, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the International Centre for Human Rights and Democratic Development Act, R.S.C. 1985, c. 54, (4th Supp.), sbs. 31(3). —Sessional Paper No. 1/38-229.
Report on the implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and the enforcement of the Corruption of Foreign Public Officials Act, pursuant to the Corruption of Foreign Public Officials Act, S.C. 1998, c. 34, s. 12.—Sessional Paper No. 1/38-230.
Reports of the International Development Research Centre 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/ 38-231.
Reports of the Department of Foreign Affairs Canada for the period of 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. 1/38-232.
Report of the Canadian Centre for Occupational Health and Safety, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Canadian Centre for Occupational Health and Safety Act, R.S.C. 1985, c. C-13, sbs. 26(2).—Sessional Paper No. 1/38-233.
Report of the Canada Millennium Scholarship Foundation, together with the Auditors' Report, for the year 2003, pursuant to the Budget Implementation Act, S.C. 1998, c. 21, sbs. 38(2). —Sessional Paper No. 1/38-234.
Reports of the Canadian Centre for Occupational Health and Safety 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. 1/38-235.
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 3:45 p.m. the Senate was continued until 2 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Meighen (October 27).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Mercer (October 27).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Trenholme Counsell substituted for that of the Honourable Senator Cordy (October 27).
Standing Senate Committee on Transport and Communication
The name of the Honourable Senator Chaput added to the membership (October 27).