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50 Elizabeth II, A.D. 2001, Canada

Journals of the Senate

1st Session, 37th Parliament


Issue 14

Tuesday, March 13, 2001
2:00 p.m.

The Honourable Daniel Hays, Speaker


The Members convened were:

The Honourable Senators

Adams, Angus, Bacon, Banks, Beaudoin, Bolduc, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hubley, Johnson, Joyal, Keon, Kinsella, Kroft, Lawson, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Mercier, Milne, Morin, Murray, Oliver, Pearson, Pépin, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Simard, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Tunney, Watt, Wiebe, Wilson

The Members in attendance to business were:

The Honourable Senators

Adams, *Andreychuk, Angus, *Austin, Bacon, Banks, Beaudoin, Bolduc, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hubley, Johnson, Joyal, *Kelleher, Keon, Kinsella, Kroft, Lawson, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Mercier, Milne, Morin, Murray, Oliver, Pearson, Pépin, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Simard, Sparrow, Spivak, Stollery, Stratton, *Taylor, Tkachuk, Tunney, Watt, Wiebe, Wilson

PRAYERS

 

INTRODUCTION OF SENATORS

The Honourable the Speaker informed the Senate that the Clerk of the Senate had received certificates from the Registrar General of Canada showing that:-

Yves Morin,

Elizabeth M. (Libbe) Hubley, and

Jim Tunney,

respectively, had been summoned to the Senate.

The Honourable Speaker informed the Senate that there were Senators without waiting to be introduced.

The Honourable Senator Morin was introduced between the Honourable Senator Carstairs, P.C., and the Honourable Senator Bacon, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-

CANADA

Adrienne Clarkson
(G.S.)

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO
Our Trusty and Well-beloved,
Doctor

YVES MORIN

An Officer of Our Order of Canada,
Of Quebec, in the Province of Quebec,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada and We do appoint you for the Division of Lauzon in Our Province of Quebec.

AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved Adrienne Clarkson, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this eighth day of March, in the year of Our Lord two thousand and one and in the fiftieth year of Our Reign.

BY COMMAND,

BRIAN TOBIN

Registrar General of Canada

The Honourable Senator Morin came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.

The Honourable Senator Hubley was introduced between the Honourable Senator Carstairs, P.C., and the Honourable Senator Callbeck, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-

CANADA

Adrienne Clarkson
(G.S.)

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO
Our Trusty and Well-beloved

ELIZABETH M. (LIBBE) HUBLEY

Of Kensington, in the Province of Prince Edward Island,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved Adrienne Clarkson, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this eighth day of March, in the year of Our Lord two thousand and one and in the fiftieth year of Our Reign.

BY COMMAND,

BRIAN TOBIN

Registrar General of Canada

The Honourable Senator Hubley came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a Member of the Senate.

The Honourable Senator Tunney was introduced between the Honourable Senator Carstairs, P.C., and the Honourable Senator Finnerty, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-

CANADA

Adrienne Clarkson
(G.S.)

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO
Our Trusty and Well-beloved

JIM TUNNEY

Of Grafton, in the Province of Ontario,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved Adrienne Clarkson, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this eighth day of March, in the year of Our Lord two thousand and one and in the fiftieth year of Our Reign.

BY COMMAND,

BRIAN TOBIN

Registrar General of Canada

The Honourable Senator Tunney came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.

The Honourable the Speaker informed the Senate that the Honourable Senators introduced today had made and subscribed the Declaration of Property Qualification required of them by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.

 

SENATORS' STATEMENTS

Some Honourable Senators made statements.

 

DAILY ROUTINE OF BUSINESS

Government Notices of Motions

With leave of the Senate,

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C.:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, March 14, 2001, at 1:30 p.m.;

That at 3:30 p.m. tomorrow, if the business of the Senate has not been completed, the Speaker shall interrupt the proceedings to adjourn the Senate;

That should a division be deferred until 5:30 p.m. tomorrow, the Speaker shall interrupt the proceedings at 3:30 p.m. to suspend the sitting until 5:30 p.m. for the taking of the deferred division; and

That all matters on the Orders of the Day and on the Notice Paper, which have not been reached, shall retain their position.

The question being put on the motion, it was adopted.

 

Introduction and First Reading of Senate Public Bills

The Honourable Senator Finestone, P.C., presented a Bill S-21, An Act to guarantee the human right to privacy.

The Bill was read the first time.

The Honourable Senator Finestone, P.C., moved, seconded by the Honourable Senator Cordy, 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 Rompkey, P.C., tabled the following:

First Report of the Canadian NATO Parliamentary Association on the visit to Washington, D.C., and Colorado Springs of the Defence and Security Committee of the NATO Parliamentary Assembly, from January 30 to February 6, 2001.-Sessional Paper No. 1/37-121.

 

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Motions

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C.:

That Rule 86 of the Rules of the Senate be amended:

1. by deleting subsection 86(1)(h) and replacing it with the following:

(h) The Senate Committee on Foreign Affairs, composed of twelve members, four of whom shall constitute a quorum, to which shall be referred, if there is a motion to that effect, bills, messages, petitions, inquiries, papers and other matters relating to foreign and Commonwealth relations generally, including:

(i) treaties and international agreements;

(ii) external trade;

(iii) foreign aid;

(iv) territorial and offshore matters.

2. by deleting subsection 86(1)(m) and replacing it with the following:

(m) The Senate Committee on Social Affairs, Science and Technology, composed of twelve members, four of whom shall constitute a quorum, to which shall be referred, if there is an order of the Senate to that effect, bills, messages, petitions, inquiries, papers and other matters relating to social affairs, science, and technology generally, including:

(i) Indian and Inuit affairs;

(ii) cultural affairs and the arts;

(iii) social and labour matters;

(iv) health and welfare;

(v) pensions;

(vi) housing;

(vii) fitness and amateur sports;

(viii) employment and immigration;

(ix) consumer affairs; and

(x) youth affairs.

3. by adding new subsections 86(1)(r) and 86(1)(s) after subsection 86(1)(q) as follows:

(r) The Senate Committee on Defence and Security, composed of nine members, four of whom shall constitute a quorum, to which may be referred, as the Senate may decide, bills, messages, petitions, inquiries, papers and other matters relating to national defence and security generally, including veterans affairs.

(s) The Senate Committee on Human Rights, composed of nine members, four of whom shall constitute a quorum, to which may be referred, as the Senate may decide, bills, messages, petitions, inquires, papers and other matters relating to human rights generally.

After debate,

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Forrestall, 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 Cordy, seconded by the Honourable Senator Setlakwe:

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, 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.

In amendment, the Honourable Senator Kinsella moved seconded by the Honourable Senator Rossiter, that the following be added to the Address:

We respectfully affirm to Your Excellency that the Speech from the Throne would have captured the imagination of the people of Canada if it contained the following words:

"Canadians are the finest people in the world community today. Our common citizenship speaks to many ways of being Canadian and affords us unique opportunities to be leaders for freedom and dignity for every person with who we share planet earth in the 21st Century.

My government recognizes that we are blessed with an incomparable landscape, natural and human resources, and an historical foundation of freedom, peace and civility. Canada has always been a place where people, seeking opportunity, fairness and security, can build a future.

Despite these enduring strengths, many Canadians feel they no longer share in the Canadian dream. The world is changing rapidly around us, but we face an uncertain and challenging future without a plan. There is a growing sense we have lost our direction.

We need to restore a "common purpose" to this country - to recapture the sense that we are acting together in the interests of the whole community, and to encourage those acts of will that have defined Canada and moved it forward at critical times in our past.

My government's blueprint for this country's future is a plan to strengthen Canada's communities, build a vibrant economy, and govern with integrity.

Strengthening Canada's communities

Canadians feel that the fabric of Canada's communities and institutions has been weakened in recent years.

Canadians' faith in their healthcare system has been shaken. Healthcare cuts have closed thousands of hospital beds, jammed emergency rooms and created unacceptable waiting lists for critical services and treatments.

Cuts to post-secondary education funding have resulted in higher college and university tuition fees, and intolerable debt loads for students. Access to higher education is being lost in Canada, even as the knowledge economy raises the premium on higher qualifications.

At a time when Canadians do not feel safe in their communities, the RCMP has been starved for resources. Meanwhile, the gun registration program is costing Canadians hundreds of millions of dollars, while treating law-abiding gun owners as if they were criminals.

Canadians want to see their common values reflected in Canada's social programs: self-reliance and personal responsibility balanced by compassion, investments in a healthy and well-educated populace, safe communities and fiscal responsibility.

Canadians want their national government to provide leadership in protecting the environment.

My government's Plan for Canada addresses all these issues to build a stronger Canada through stronger communities.

My government will:

- Immediately restore the cash portion of the Canada Health and Social Transfer to at least 1993-94 levels. This would restore completely the health and post-secondary education dollars cut from transfers to provinces.

- Add a sixth principle to medicare - guaranteed stable and predictable long-term healthcare funding - through legislation. Never again will a government be able to scoop billions of dollars out of health care.

- Increase and make refundable the caregiver credit, in consultation with groups representing seniors and Canada's disability community.

- Change the repayment terms for Canada Student Loans to provide that loans are repaid as a percentage of net after tax income starting the first full working year after graduation.

- Introduce a tax credit for post-secondary students repaying Canada Student Loans to a maximum of 10 per cent of the loan principal, per year, for the first 10 years after graduation, provided they remain employed in Canada.

- End the taxation of scholarships awarded to students in colleges and universities.

- Provide the RCMP with stable funding, and with an explicit priority to defeat organized crime, particularly money laundering, human and contraband smuggling, fraud and computer crime.

- Replace the federal Young Offenders Act with new legislation that reflects the principles of protection of the public, deterrence and denunciation balanced with rehabilitation, and the greater use of restorative justice.

- Repeal the current long gun registration system and uphold and enforce provisions that control criminal and unsafe use of firearms.

- Make the health of Canada's children an explicit priority of environmental legislation by introducing a Safe Water Act and a Safe Air Act.

Building a stronger economy

The average Canadian today loses about 47 per cent of his or her income to taxes. High taxes have eroded the standard of living of Canadian families. They have made our businesses less competitive. And they are driving young professionals and entrepreneurs to seek their futures in other countries.

Canadians know that today's balanced budget and growing economy were only achieved through their sacrifice and hard work. They want to share in Canada's prosperity, but they want tax reductions to be fair and benefit all Canadians.

Canadians also know that success in today's world requires that we be competitive with our trading partners, that the new economy demands we reward investment, innovation and creativity.

Canadians want the burden of the national debt - now totalling $560 billion - lifted from the shoulders of their children.

And Canadians want strategic investments targeted towards their priorities.

My government will:

- Cut taxes for all Canadians by raising the basic personal exemption from the current level of $7,231 to $12,000 by 2005. This tax cut will remove 2.3 million low income Canadians - those least able to pay taxes - from the tax rolls. It will also deliver across-the-board tax relief of up to $1,100 (federal/provincial) to the average taxpayer.

- Increase the married and equivalent spouse amount to $12,000 by 2005. When this change is fully implemented, a single earner family would not pay income tax until their income reached $24,000 per year.

- Introduce a child tax amount of $1,176 to assist Canadian families. This will create a tax cut for families with children of $200 per child.

- Eliminate the personal capital gains tax immediately. This will free venture capital, reward personal initiative and help reverse the brain drain by encouraging entrepreneurs to build their future in Canada.

- Cut excise taxes on gasoline, diesel fuel and home heating fuels to help ease the burden of rising energy costs.

- Eliminate the national debt - the mortgage on our children's future - within 25 years, and pay down the principal on the debt by $25 billion over the next five years.

- Implement an annual "Red Tape Budget" detailing the estimated total of each new proposed government regulation, including the enforcement costs to the government and the compliance costs to individual citizens and businesses.

- Actively expand global trading partnerships with other nations, while promoting human rights and the environment, and protecting our culture.

- Establish the Federal Agriculture Stabilization Transfer (FAST), a comprehensive national safety net program, to include a revenue/income stabilization component and a reliable disaster relief fund.

- Work with the international community to protect trans-boundary fisheries from unsustainable harvesting practices on our east and west coasts.

Governing with integrity

A strong democracy is essential to everything we want to do as a country.

What makes democratic government work or fail is the public's willingness to accept or support decisions made on their behalf. Just as we need wealth to prosper, we need trust to govern. That trust has been missing in Ottawa.

Intolerance of legitimate dissent has dramatically weakened the role of Members of Parliament. We cannot continue to inspire our most able citizens to stand for public office if they are shut out of involvement and influence after they are elected.

My government would restore integrity to the governing of Canada by increasing the democratic accountability of government to Parliament.

The government will:

- Strengthen the role of MPs by allowing more free votes in the House of Commons. MPs must be able to represent the views of those who elected them.

- Empower Parliament to scrutinize the spending practices of federal departments without a time limit.

- Introduce comprehensive "whistle-blower" legislation.

- Increase annual defence spending over the next five years to support adequate strength levels, improve the quality of life of armed forces personnel and support the procurement of new equipment.

A balanced and prudent plan

My government's plan for Canada is a balanced and prudent blueprint to restore purpose and direction to Canada, to point us towards a successful future in a changing world.

The numbers add up for Canada. In my government's five-year plan:

- We've placed the greatest emphasis - over $55 billion - on reducing taxes to leave more money in the hands of Canadians. It's their money, and we want to leave it up to them to save, spend or invest as they see fit.

- Our mandatory debt repayment plan will eliminate the debt mortgage on our children's future within 25 years. Over the coming five years, our plan will reduce the federal debt by $25 billion. As part of this plan, we will reallocate 1.3 per cent of the current annual program budget to reducing the debt.

- We have identified targeted new investments in programs totalling $7.4 billion.

Members of the House of Commons:

You will be asked to appropriate the funds required to carry out the services and expenditures authorized by Parliament.

Honourable Members of the Senate and the House of Commons:

May Divine Providence guide you in your deliberations.".

After debate,

The Honourable Senator Bolduc moved, seconded by the Honourable Senator Spivak, that further debate on the motion in amendment be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Order No. 2 was called and postponed until the next sitting.

 

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 6 were called and postponed until the next sitting.

 

Other

Order No. 2 (motion) was called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Gustafson, seconded by the Honourable Senator Banks:

That the Standing Senate Committee on Agriculture and Forestry 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; and

That the Committee have power to adjourn from place to place within and outside Canada for the purpose of such studies.

In amendment, the Honourable Senator Wiebe moved, seconded by the Honourable Senator Maheu, that the motion be amended by deleting the word "and", at the end of the first paragraph, and by deleting the final paragraph.

After debate,

The question being put on the motion in amendment, it was adopted.

The question was then put on the motion, as amended, of the Honourable Senator Gustafson, seconded by the Honourable Senator Banks:

That the Standing Senate Committee on Agriculture and Forestry 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 motion, as amended, was adopted.

Orders No. 6, 7 (inquiries) and 3 (motion) were called and postponed until the next sitting.

 

INQUIRIES

The Honourable Senator Cools called the attention of the Senate to the celebration of Black History Month in Canada, and the Canadian Bar Association of Ontario dinner in Toronto on February 1, 2001, at which she, as the keynote speaker, spoke to the topic A Room With a View: A Black Senator's View of the Canadian Senate.

After debate,

The Honourable Senator Kinsella moved, seconded by the Honourable Senator Spivak, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

 

MOTIONS

The Honourable Senator Comeau moved, seconded by the Honourable Senator Murray, P.C.:

That the Standing Senate Committee on Fisheries 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 Comeau moved, seconded by the Honourable Senator Di Nino:

That the Standing Senate Committee on Fisheries be authorized to examine and report upon the matters relating to the fishing industry;

That the papers and evidence received and taken on the subject during the Second Session of the Thirty-sixth Parliament be referred to the Committee;

That the Committee submit its final report no later than March 31, 2002; and

That the Committee be permitted, notwithstanding usual practices, to deposit any report with the Clerk of the Senate, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Chamber.

The question being put on the motion, it was adopted.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:

That the Standing Senate Committee on Fisheries 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):

Summary of the Corporate Plan for 2001-05 and of the Capital Budget for 2001 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 1/37-119.

Actuarial Report (including Certification of Assets) on the Public Service Death Benefit Account as at March 31, 1999, pursuant to the Public Service Superannuation Act, S.C. 1992, c. 46, s. 28.-Sessional Paper No. 1/37-120.

 

ADJOURNMENT

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C.:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 5:55 p.m. the Senate was continued until 1:30 p.m. tomorrow.)


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