Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 59
Thursday, May 12, 2005
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, Day, De Bané, Di Nino, Doody, Downe, Dyck, Eggleton, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Grafstein, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, McCoy, Milne, Mitchell, Moore, Murray, Nancy Ruth, Oliver, Pearson, Peterson, Plamondon, Prud'homme, Ringuette, Robichaud, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Dallaire, Day, De Bané, Di Nino, Doody, Downe, Dyck, Eggleton, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, *Forrestall, Fraser, Grafstein, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, *Kenny, Kinsella, *Kirby, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, McCoy, *Meighen, Milne, Mitchell, Moore, *Munson, Murray, Nancy Ruth, Oliver, Pearson, Peterson, Plamondon, *Poulin (Charette), Prud'homme, Ringuette, Robichaud, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, *Trenholme Counsell
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon presented the following:
Thursday, May 12, 2005
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
NINTH REPORT
Your Committee, to which was referred Bill C-10, An Act to amend the Criminal Code (mental disorder) and to make consequential amendments to other Acts, has, in obedience to the Order of Reference of Tuesday, February 22, 2005, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
LISE BACON
Chair
Observations to the Ninth Report of the Standing Senate Committee on Legal and Constitutional Affairs
Bill C-10 amends the process governing mentally disordered accused persons set out in Part XX.1 of the Criminal Code. During its consideration of the bill, your Committee heard from 15 witness groups. Testimony was received from mental health organizations, advocates for the mentally disordered, psychiatrists, psychologists, lawyers (including for the accused and for the Crown), police, review board members, and a centre for victims.
Witnesses were supportive of the way that Bill C-10 allows Review Boards to order psychological assessments, adjourn hearings to obtain necessary information, and order publication bans to protect victims or witnesses. They were also generally in favour of the way that Bill C-10 expands the options open to a peace officer who arrests an accused suspected of contravening a disposition or assessment order, streamlines provisions for the transfer of an accused to another province or territory, and repeals unproclaimed provisions of the Criminal Code, such as those governing the maximum period of detention of a mentally disordered accused. However, concerns were noted in other areas.
Some took issue with the presentation of a victim impact statement at a court or Review Board hearing, explaining that it is not the appropriate forum, and may not be constitutional, because a person found not criminally responsible on account of mental disorder has not been found guilty of any offence. Other witnesses valued this opportunity for victims to participate in the process and added that a victim impact statement may assist in assessing current risk. As your Committee understands that a victim impact statement will be considered only to the extent that it is relevant, and that the court or Review Board may deny a request to present one at the hearing if it would interfere with the proper administration of justice, your Committee is satisfied with this aspect of Bill C-10.
With respect to assessments of the mental condition of an accused by persons other than medical practitioners, some witnesses recommended that additional professionals, such as psychologists, be designated as a group, rather than individually. Other witnesses had concerns about the qualifications of persons who are not medical practitioners, particularly for assessments of fitness to stand trial and criminal responsibility, or when the accused requires medical treatment. Given arguments for both expanding and limiting the ability of other persons to conduct assessments, and the fact that designations will depend on the jurisdiction, your Committee suggests that the federal government closely monitor the number and type of professionals being designated in each province and territory.
Your Committee likewise considers that other new provisions introduced into the regime of the Criminal Code governing mentally disordered accused should be monitored. For example, although witnesses were generally in favour of the possibility of a stay of proceedings in the case of a mentally disordered accused who is unlikely to ever become fit to stand trial and poses no significant risk to the safety of the public, some suggested that the procedure is too complex. Other groups expressed concerns about the extension of the time for the next review hearing from 12 to 24 months in certain circumstances, particularly in the case of a serious personal injury offence. Your Committee also wonders whether administrative protocols should be put in place for the transfer of physical evidence from courts to Review Boards. These and perhaps other procedural aspects of Bill C-10 should be reviewed on a periodic basis so that they may be modified or improved if necessary. Your committee has sought a written commitment from the Minister to that effect.
Overall, however, your Committee believes that Bill C-10 is a significant improvement to Part XX.1 of the Criminal Code and reports it without amendment. Taking into account the differing opinions from witnesses on certain aspects of the bill, your Committee considers that it strikes an appropriate balance between the interest of public safety and the rights and interests of the mentally disordered accused.
The Honourable Senator Callbeck moved, seconded by the Honourable Senator Fitzpatrick, 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 Oliver, Chair of the Standing Senate Committee on National Finance, presented its tenth report (Bill C-45, An Act to provide services, assistance and compensation to or in respect of Canadian Forces members and veterans and to make amendments to certain Acts, without amendment).
With leave of the Senate,
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Day, 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.
Introduction and First Reading of Government Bills
The Honourable Senator Robichaud, P.C., presented a Bill S-31, An Act to authorize construction and maintenance of a bridge over the St. Lawrence River and a bridge over the Beauharnois Canal for the purpose of completing Highway 30.
The bill was read the first time.
The Honourable Senator Robichaud, 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 two days hence.
The question being put on the motion, it was adopted.
A Message was brought from the House of Commons with a Bill C-13, An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Pearson, moved, seconded by the Honourable Senator Sibbeston, 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.
A Message was brought from the House of Commons with a Bill C-40, An Act to amend the Canada Grain Act and the Canada Transportation Act, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Mitchell, moved, seconded by the Honourable Senator Tardif, that the bill be placed on the Orders of the Day for a second reading on Monday, May 16, 2005.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Cools presented a Bill S-32, An Act to amend the Marriage (Prohibited Degrees) Act and the Interpretation Act in order to affirm the meaning of marriage.
The bill was read the first time.
The Honourable Senator Cools 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 Hervieux-Payette, P.C., tabled the following:
Report of the Canadian Section of the Inter-parliamentary Forum of the Americas (FIPA), concerning its participation at the Eleventh Meeting of the FIPA Executive Committee, held in San José, Costa Rica, on February 11 and 12, 2005.—Sessional Paper No. 1/38-525.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-45, An Act to provide services, assistance and compensation to or in respect of Canadian Forces members and veterans and to make amendments to certain Acts.
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Day, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill S-30, An Act to amend the Bankruptcy and Insolvency Act (RRSP and RESP).
The Honourable Senator Biron moved, seconded by the Honourable Senator Robichaud, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Stratton 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.
Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Christensen, for the second reading of Bill S-29, An Act respecting a National Blood Donor Week.
After debate,
The Honourable Senator Stratton 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.
Orders No. 4 to 12 were called and postponed until the next sitting.
Reports of Committees
Consideration of the third report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Conflict of Interest Code for Senators), tabled in the Senate on May 11, 2005.
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that the report be adopted.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Milne, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 and 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Bacon, seconded by the Honourable Senator Dallaire, for adoption of the sixth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-11, An Act to amend the Criminal Code (lottery schemes), with amendments and observations) presented in the Senate on April 12, 2005.
After debate,
The question being put on the motion, it was adopted, on division.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Losier-Cool, that the bill, as amended, 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.
With leave of the Senate,
The Honourable Senator Eyton tabled the following:
Document entitled: Dissenting Observations for Bill S-11, Lotteries (English text).—Sessional Paper No. 1/38-526S.
Other
Orders No. 11 (inquiry), 82 (motion), 14, 20, 16 (inquiries), 69 (motion), 18, 21 and 22 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Callbeck calling the attention of the Senate to the state of post-secondary education in Canada.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Peterson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 91, 58 (motions), and 2 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Johnson:
That the Senate of Canada calls upon the Government of Canada to establish a specific timetable that will enable Canada to meet its longstanding commitment to provide 0.7 per cent of its Gross National Income as official international development assistance; and
That the Senate of Canada calls upon the Government of Canada to provide funds, within the budgetary process, to achieve this objective at latest by the year 2015, beginning, with an immediate 100 per cent increase in official development assistance in the next fiscal year.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Corbin, 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. 15, 4 and 12 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Nolin, seconded by the Honourable Senator LeBreton:
That the Senate of Canada hereby calls upon the government to maintain the Commission of Inquiry into the Sponsorship Program and Advertising Activities for as long as necessary to establish the facts and discern the truth, and the Senate of Canada further urges the government to defend the Commission rigorously and reject attempts to impugn the integrity of the Commissioner, Mr. Justice John Howard Gomery.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Kinsella, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Stratton:
That the Senate call on the Government of Canada to support the request of the Government of Taiwan to obtain observer status at the World Health Organization.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Downe, 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.
With leave of the Senate,
The Honourable Senator Bacon moved, seconded by the Honourable Senator Ferretti Barth:
That the document entitled: "Judicial Compensation and Benefits Commission Report for the fiscal year ended March 31, 2004'', tabled in the Senate on October 19, 2004, be referred to the Standing Senate Committee on Legal and Constitutional Affairs, pursuant to sub-section 26(6.1) of the Judges Act.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That the Senate do now adjourn at pleasure to reassemble at the call of the chair and that the bells ring for five minutes.
The question being put on the motion, it was adopted.
(Accordingly, at 4:22 p.m. the sitting was adjourned during pleasure.)
At 5:01 p.m. the sitting resumed.
WRITTEN DECLARATION OF ROYAL ASSENT
At 5:01 p.m. the Honourable the Speaker pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
May 12, 2005
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 twelfth day of May, 2005, at 4:10 p.m.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, May 12, 2005
A second Act to implement certain provisions of the budget tabled in Parliament on March 23, 2004 (Bill C-33)
An Act to prevent the introduction and spread of communicable diseases (Bill C-12)
An Act to provide services, assistance and compensation to or in respect of Canadian Forces members and veterans and to make amendments to certain Acts (Bill C-45)
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Losier-Cool:
That when the Senate adjourns today, it do stand adjourned until Monday, May 16, 2005 at 6 p.m. and that rule 13(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Robichaud, 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 5:06 p.m. the Senate was continued until Monday, May 16, 2005 at 6 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Watt substituted for that of the Honourable Senator Gill (May 11).
Standing Senate Committee on National Finance
The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Comeau (May 11).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Baker (May 11).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Milne substituted for that of the Honourable Senator Trenholme Counsell (May 11).