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HOUSE OF COMMONS OF CANADA
37th PARLIAMENT, 1st SESSION


JOURNALS

No. 163

Monday, April 8, 2002

11:00 a.m.



Prayers

Vacancies

The Speaker informed the House that a vacancy had occurred in the representation in the House of Commons, for the Electoral District of Gander--Grand Falls, in the Province of Newfoundland and Labrador, by reason of the resignation of Mr. Baker, and that, pursuant to paragraph 25(1)(b) of the Parliament of Canada Act, he had addressed, on March 25, 2002, his warrant to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.


The Speaker informed the House that a vacancy had occurred in the representation in the House of Commons, for the Electoral District of Verdun--Saint-Henri--Saint-Paul--Pointe Saint-Charles, in the Province of Quebec, by reason of the resignation of Mr. Lavigne, and that, pursuant to paragraph 25(1)(b) of the Parliament of Canada Act, he had addressed, on March 25, 2002, his warrant to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.

Board of Internal Economy

The Speaker informed the House that, pursuant to the Act to amend the Parliament of Canada Act, S.C. 1997, c. 32, Mr. Reynolds (West Vancouver--Sunshine Coast) had been appointed a member of the Board of Internal Economy to replace Mr. White (Langley--Abbotsford) , and Mr. Johnston (Wetaskiwin) to replace Mr. Breitkreuz (Yorkton--Melville) .

Private Members' Business

At 11:00 a.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

By unanimous consent, Mr. Stoffer (Sackville--Musquodoboit Valley--Eastern Shore) , seconded by Mr. Martin (Winnipeg Centre) , moved, — That, in the opinion of this House, the national holiday on November 11th, Remembrance Day, be designated to remember the men and women of the Armed Forces and the Merchant Navy and all civilian groups who served in close support of the armed forces, all of whom sacrificed of themselves in the service of Canada. (Private Members' Business M-6)

Debate arose thereon.

Pursuant to Standing Order 96(1), the Order was dropped from the Order Paper.

Government Orders

Ms. Copps (Minister of Canadian Heritage) for Mr. Chrétien (Prime Minister) , seconded by Mr. DeVillers (Secretary of State (Amateur Sport)) , moved, — That a humble Address be presented to Her Majesty the Queen in the following words:

    TO THE QUEEN'S MOST EXCELLENT MAJESTY:

    MOST GRACIOUS SOVEREIGN:

    We, Your Majesty's dutiful and loyal subjects, the Commons of Canada, in Parliament assembled, approach Your Majesty with the expression of our deep and heartfelt sorrow at the demise of Her Majesty Queen Elizabeth, the Queen Mother.

    We mourn the loss of Her Majesty whose kindness, graciousness and influence for good over so many years won the love, respect and admiration of us all, and there has come to each of us a sense of personal bereavement which, we say with all possible respect and duty, makes Your Majesty's sorrow our own.

    We pray that the God of consolation may comfort Your Majesty and the members of the Royal Family in your bereavement, and that Your Majesty may long be spared to continue the eminent public services of your great predecessors.

    That the said Address be engrossed; and

    That a Message be sent to the Senate informing their Honours that this House has passed the said Address and requesting their Honours to unite with this House therein.

(Government Business No. 24)

Debate arose thereon.

Ms. Lalonde (Mercier) , seconded by Mr. Gauthier (Roberval) , moved the following amendment, — That the motion be amended by deleting all the words after the words “following words” and substituting the following:

    “We, the House of Commons of Canada, in Parliament assembled, wish to extend to Her our condolences on the death of Her Majesty Queen Elizabeth, the Queen Mother, who, with her husband, King George VI, was able to rally the British nation, particularly during the dark days of World War II.”.

Debate arose thereon.

The question was put on the amendment and, pursuant to Standing Order 45, the recorded division was deferred until later today, at the expiry of the time provided for Oral Questions.


The House resumed consideration at report stage of Bill C-15B, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, as reported by the Standing Committee on Justice and Human Rights with amendments;

And of the motions in Group No. 1 (Motions Nos. 1 and 4 to 9).


Group No. 1

Motion No. 1 of Mr. Hilstrom (Selkirk--Interlake) , seconded by Mr. Martin (Esquimalt--Juan de Fuca) , — That Bill C-15B be amended by deleting Clause 8.

Motion No. 4 of Mr. Bryden (Ancaster--Dundas--Flamborough--Aldershot) , seconded by Mr. Maloney (Erie--Lincoln) , — That Bill C-15B, in Clause 8, be amended by replacing line 5 on page 3 with the following:

    “other animal that has the capacity to experience pain.”

Motion No. 5 of Mr. Hilstrom (Selkirk--Interlake) , seconded by Mr. Martin (Esquimalt--Juan de Fuca) , — That Bill C-15B, in Clause 8, be amended by replacing line 7 on page 3 with the following:

    “who, wilfully or recklessly, and in contravention of generally accepted industry standards,”

Motion No. 6 of Ms. McLellan (Minister of Justice) , seconded by Ms. Caplan (Minister of Citizenship and Immigration) , — That Bill C-15B, in Clause 8, be amended by replacing lines 32 to 43 on page 5 and lines 1 to 16 on page 6 with the following:

    " 182.6 (1) In this section, "law enforcement animal" means a dog, a horse or any other animal used by a peace officer or public officer in the execution of their duties.

    (2) Every one commits an offence who wilfully or recklessly poisons, injures or kills a law enforcement animal while it is aiding or assisting a peace officer or public officer engaged in the execution of their duties or a person acting in aid of such an officer.

    (3) Every one who commits an offence under subsection (2) is guilty of

    (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    (b) an offence punishable on summary conviction and liable to a fine of not more than ten thousand dollars or to imprisonment for a term of not more than eighteen months, or to both.

    (4) The court may, in addition to any other sentence that it may impose under subsection (3), order the accused to pay all reasonable costs associated with the loss of or injury to the law enforcement animal as a result of the commission of the offence if the costs are readily ascertainable."

Motion No. 7 of Mr. Laframboise (Argenteuil--Papineau--Mirabel) , seconded by Mr. Bergeron (Verchères--Les-Patriotes) , — That Bill C-15B, in Clause 8, be amended by adding after line 16 on page 6 the following:

    “182.7 (1) In this section, “service animal” means a dog or any other animal used by a person with a disability.

    (2) Every one commits an offence who

    (a) assaults, injures or causes the death of a service animal; or

    (b) assaults, injures, causes the death of or poisons, or in any way attempts to poison, a service animal while it is kenneled, penned, transported or otherwise held.

    (3) Every one who commits an offence under paragraph (2)(a) or (b) is guilty of

    (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    (b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or emprisonment for a term of not more than eighteen months or both.

    (4) The court, in addition to any sentence that it may impose under subsection (3), must order the offender to pay all restitution costs, including training costs, resulting from the service animal's being killed or otherwise rendered unable to perform its duties.”

Motion No. 8 of Mr. Laframboise (Argenteuil--Papineau--Mirabel) , seconded by Mr. Bergeron (Verchères--Les-Patriotes) , — That Bill C-15B, in Clause 8, be amended by adding after line 16 on page 6 the following:

    “182.8 The court may order the production of any additional evidence or the issuance of a summons to any persons, including experts, whose testimony the court considers appropriate or necessary to confirm evidence relating to any section in this Part.”

Motion No. 9 of Mr. Hill (Prince George--Peace River) , seconded by Mr. Mark (Dauphin--Swan River) , — That Bill C-15B be amended by deleting Clause 9.

The debate continued on the motions in Group No. 1.

Statements By Members

Pursuant to Standing Order 31, Members made statements.

Oral Questions

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

Government Orders

The House resumed consideration of the motion of Mr. Chrétien (Prime Minister) , seconded by Mr. DeVillers (Secretary of State (Amateur Sport)) , — That a humble Address be presented to Her Majesty the Queen in the following words:

    TO THE QUEEN'S MOST EXCELLENT MAJESTY:

    MOST GRACIOUS SOVEREIGN:

    We, Your Majesty's dutiful and loyal subjects, the Commons of Canada, in Parliament assembled, approach Your Majesty with the expression of our deep and heartfelt sorrow at the demise of Her Majesty Queen Elizabeth, the Queen Mother.

    We mourn the loss of Her Majesty whose kindness, graciousness and influence for good over so many years won the love, respect and admiration of us all, and there has come to each of us a sense of personal bereavement which, we say with all possible respect and duty, makes Your Majesty's sorrow our own.

    We pray that the God of consolation may comfort Your Majesty and the members of the Royal Family in your bereavement, and that Your Majesty may long be spared to continue the eminent public services of your great predecessors.

    That the said Address be engrossed; and

    That a Message be sent to the Senate informing their Honours that this House has passed the said Address and requesting their Honours to unite with this House therein.

(Government Business No. 24)

Pursuant to Standing Order 45, the House proceeded to the taking of the deferred recorded division on the amendment of Ms. Lalonde (Mercier) , seconded by Mr. Gauthier (Roberval) , — That the motion be amended by deleting all the words after the words “following words” and substituting the following:

    “We, the House of Commons of Canada, in Parliament assembled, wish to extend to Her our condolences on the death of Her Majesty Queen Elizabeth, the Queen Mother, who, with her husband, King George VI, was able to rally the British nation, particularly during the dark days of World War II.”

.

The question was put on the amendment and it was negatived on the following division:

+

(Division No. 264 -- Vote no 264)

YEAS: 19, NAYS: 144

YEAS -- POUR
Bachand (Saint-Jean)
Bellehumeur
Bigras
Bourgeois
Brien
Desrochers
Dubé
Gagnon (Québec)
Gauthier
Laframboise
Lalonde
Lanctôt
Lebel
Loubier
Marceau
Ménard
Picard (Drummond)
Roy
Sauvageau -- 19
NAYS -- CONTRE
Abbott
Adams
Alcock
Anderson (Victoria)
Assad
Assadourian
Bachand (Richmond--Arthabaska)
Bailey
Bakopanos
Barnes
Bennett
Benoit
Bertrand
Binet
Blaikie
Blondin-Andrew
Bonin
Boudria
Bradshaw
Breitkreuz
Brison
Bryden
Bulte
Byrne
Caccia
Cadman
Calder
Caplan
Carroll
Casey
Castonguay
Catterall
Chatters
Clark
Coderre
Collenette
Comartin
Copps
Cotler
Cullen
Cummins
Cuzner
DeVillers
Dion
Dromisky
Drouin
Duplain
Easter
Eggleton
Epp
Eyking
Fitzpatrick
Folco
Forseth
Godfrey
Goodale
Gouk
Graham
Grey
Harb
Harvard
Harvey
Herron
Hill (Macleod)
Hill (Prince George--Peace River)
Hilstrom
Hubbard
Jennings
Johnston
Jordan
Karetak-Lindell
Keddy (South Shore)
Kenney (Calgary Southeast)
Keyes
Kilgour (Edmonton Southeast)
Knutson
Kraft Sloan
Lastewka
Lee
Lill
MacAulay
MacKay (Pictou--Antigonish--Guysborough)
Macklin
Manley
Mark
Martin (Esquimalt--Juan de Fuca)
Martin (Winnipeg Centre)
Martin (LaSalle--Émard)
Mayfield
McCormick
McDonough
McKay (Scarborough East)
McLellan
Merrifield
Minna
Mitchell
Murphy
Nault
Neville
O'Reilly
Pallister
Patry
Penson
Pettigrew
Pratt
Price
Proctor
Proulx
Provenzano
Redman
Regan
Reynolds
Richardson
Ritz
Robillard
Rock
Saada
Savoy
Scherrer
Schmidt
Serré
Skelton
Solberg
Sorenson
Speller
St-Jacques
St-Julien
Stewart
Stoffer
Strahl
Szabo
Telegdi
Thibault (West Nova)
Thibeault (Saint-Lambert)
Tirabassi
Tonks
Torsney
Vanclief
Vellacott
Wasylycia-Leis
Whelan
Wilfert
Williams
Yelich -- 144
PAIRED -- PAIRÉS
Asselin
Augustine
Bagnell
Bélanger
Bergeron
Bonwick
Comuzzi
Crête
Dalphond-Guiral
Discepola
Duceppe
Finlay
Fontana
Fournier
Fry
Gagnon (Champlain)
Girard-Bujold
Goodale
Guay
Guimond
Ianno
Jackson
Mahoney
McCallum
Mills (Toronto--Danforth)
Pagtakhan
Paquette
Perron
Plamondon
Rocheleau
St-Hilaire
Tremblay (Lac-Saint-Jean--Saguenay)
Tremblay (Rimouski-Neigette-et-la Mitis)
Ur
Venne
Wood

By unanimous consent, the question was put on the main motion and it was agreed to on the following division:

-

(Division No. 265 -- Vote no 265)

YEAS: 145, NAYS: 19

YEAS -- POUR
Abbott
Adams
Alcock
Anderson (Victoria)
Assad
Assadourian
Bachand (Richmond--Arthabaska)
Bailey
Bakopanos
Barnes
Bennett
Benoit
Bertrand
Binet
Blaikie
Blondin-Andrew
Bonin
Boudria
Bradshaw
Breitkreuz
Brison
Bryden
Bulte
Byrne
Caccia
Cadman
Calder
Caplan
Carroll
Casey
Castonguay
Catterall
Cauchon
Chatters
Clark
Coderre
Collenette
Comartin
Copps
Cotler
Cullen
Cummins
Cuzner
DeVillers
Dion
Dromisky
Drouin
Duplain
Easter
Eggleton
Epp
Eyking
Fitzpatrick
Folco
Forseth
Godfrey
Goodale
Gouk
Graham
Grey
Harb
Harvard
Harvey
Herron
Hill (Macleod)
Hill (Prince George--Peace River)
Hilstrom
Hubbard
Jennings
Johnston
Jordan
Karetak-Lindell
Keddy (South Shore)
Kenney (Calgary Southeast)
Keyes
Kilgour (Edmonton Southeast)
Knutson
Kraft Sloan
Lastewka
Lee
Lill
MacAulay
MacKay (Pictou--Antigonish--Guysborough)
Macklin
Manley
Mark
Martin (Esquimalt--Juan de Fuca)
Martin (Winnipeg Centre)
Martin (LaSalle--Émard)
Mayfield
McCormick
McDonough
McKay (Scarborough East)
McLellan
Merrifield
Minna
Mitchell
Murphy
Nault
Neville
O'Reilly
Pallister
Patry
Penson
Pettigrew
Pratt
Price
Proctor
Proulx
Provenzano
Redman
Regan
Reynolds
Richardson
Ritz
Robillard
Rock
Saada
Savoy
Scherrer
Schmidt
Serré
Skelton
Solberg
Sorenson
Speller
St-Jacques
St-Julien
Stewart
Stoffer
Strahl
Szabo
Telegdi
Thibault (West Nova)
Thibeault (Saint-Lambert)
Tirabassi
Tonks
Torsney
Vanclief
Vellacott
Wasylycia-Leis
Whelan
Wilfert
Williams
Yelich -- 145
NAYS -- CONTRE
Bachand (Saint-Jean)
Bellehumeur
Bigras
Bourgeois
Brien
Desrochers
Dubé
Gagnon (Québec)
Gauthier
Laframboise
Lalonde
Lanctôt
Lebel
Loubier
Marceau
Ménard
Picard (Drummond)
Roy
Sauvageau -- 19
PAIRED -- PAIRÉS
Asselin
Augustine
Bagnell
Bélanger
Bergeron
Bonwick
Comuzzi
Crête
Dalphond-Guiral
Discepola
Duceppe
Finlay
Fontana
Fournier
Fry
Gagnon (Champlain)
Girard-Bujold
Goodale
Guay
Guimond
Ianno
Jackson
Mahoney
McCallum
Mills (Toronto--Danforth)
Pagtakhan
Paquette
Perron
Plamondon
Rocheleau
St-Hilaire
Tremblay (Lac-Saint-Jean--Saguenay)
Tremblay (Rimouski-Neigette-et-la Mitis)
Ur
Venne
Wood

Daily Routine Of Business

Tabling of Documents

The Speaker laid upon the Table, — Report of the Canadian Human Rights Tribunal for the year 2001, pursuant to the Canadian Human Rights Act, S.C. 1998, c. 9, sbs. 61(4). — Sessional Paper No. 8560-371-661-02. (Pursuant to Standing Order 32(5),  permanently referred to the Standing Committee on Justice and Human Rights)


Pursuant to Standing Order 32(2), Mr. Pettigrew (Minister for International Trade) laid upon the Table, — Report of the Export Development Corporation, together with the Auditor General's Report, for the year ended December 31, 2001, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 150(1). — Sessional Paper No. 8560-371-289-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Foreign Affairs and International Trade)


Pursuant to Standing Order 32(2), Mr. Pettigrew (Minister for International Trade) laid upon the Table, — Summary of the Corporate Plan for 2002-06 and of the Operating and Capital Budgets for 2002 of the Export Development Corporation, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4). — Sessional Paper No. 8562-371-851-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Foreign Affairs and International Trade)


Pursuant to Standing Order 32(2), Mr. Regan (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:

— No. 371-0588 concerning national historic sites. — Sessional Paper No. 8545-371-92-01;

— No. 371-0589 concerning Old Age Security benefits. — Sessional Paper No. 8545-371-33-02.

Presenting Reports from Inter-parliamentary Delegations

Pursuant to Standing Order 34(1), Mrs. Barnes (London West) presented the Report of the Canadian Branch of the Commonwealth Parliamentary Association (CPA) concerning its visit to Edinburgh, Scotland, from March 2 to 9, 2002. — Sessional Paper No. 8565-371-53-12.

Motions

By unanimous consent, it was ordered, — That, on Tuesday, April 9, 2002, the sitting be suspended from 11:30 a.m. until 2:00 p.m.

Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

— by Mr. Adams (Peterborough) , one concerning the agricultural industry (No. 371-0623) and one concerning health care services (No. 371-0624).

Questions on Order Paper

Mr. Regan (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answers to questions Q-109 and Q-112 on the Order Paper.

Application for Emergency Debate

Pursuant to Standing Order 52, Ms. Lalonde (Mercier) asked leave to move the adjournment of the House for the purpose of discussing a specific and important matter requiring urgent consideration, namely, the situation in the Middle East.

The Speaker decided that the matter was proper to be discussed and, pursuant to Standing Order 52(9), directed that it be considered on Tuesday, April 9, 2002, at the ordinary hour of daily adjournment.

Government Orders

The House resumed consideration at report stage of Bill C-15B, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, as reported by the Standing Committee on Justice and Human Rights with amendments;

And of the motions in Group No. 1 (Motions Nos. 1 and 4 to 9).

The debate continued on the motions in Group No. 1.

The question was put on Motion No. 1 and it was negatived on division.

The question was put on Motion No. 4 and it was negatived.

The question was put on Motion No. 5 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 6 and it was agreed to.

The question was put on Motion No. 7 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Pursuant to Standing Order 76.1(8), the House proceeded to the taking of the deferred recorded divisions.

Pursuant to Standing Order 45, the recorded divisions were further deferred until Tuesday, April 9, 2002, at the expiry of the time provided for Government Orders.


The Order was read for the second reading and reference to the Standing Committee on Health of Bill C-53, An Act to protect human health and safety and the environment by regulating products used for the control of pests.

Ms. McLellan (Minister of Health) , seconded by Mr. Pettigrew (Minister for International Trade) , moved, — That the Bill be now read a second time and referred to the Standing Committee on Health.

Debate arose thereon.

Messages from the Senate

A message was received from the Senate as follows:

— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-33, An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts, with the following amendment:

      Page 4, clause 3: Delete lines 1 to 7.

Returns and Reports Deposited with the Clerk of the House

Pursuant to Standing Order 32(1), papers deposited with the Clerk of the House were laid upon the Table as follows:

— by the Prime Minister — Report of the Clerk of the Privy Council and Secretary to Cabinet to the Prime Minister on the Public Service of Canada, pursuant to the Public Service Employment Act, R.S. 1985, c. P-33, sbs. 47(2). — Sessional Paper No. 8560-371-376-02. (Pursuant to Standing Order 32(5),  permanently referred to the Standing Committee on Transport and Government Operations)

— by Mr. Graham (Minister of Foreign Affairs) — Summary of the Chemical Weapons Convention (CWC) entered into force on April 29, 1997, pursuant to the Export and Import Permits Act, R.S. 1985, c. E-19, sbs. 5(2). — Sessional Paper No. 8560-371-175-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Foreign Affairs and International Trade)

— by Mr. Martin (Minister of Finance) — Report on the Actuarial Examination of the Royal Canadian Mounted Police (Dependants) Pension Fund as at March 31, 2001, pursuant to the Royal Canadian Mounted Police Pension Continuation Act, R.S. 1970, c. R-10, sbs. 56(3). — Sessional Paper No. 8560-371-230-01. (Pursuant to Standing Order 32(5),  permanently referred to the Standing Committee on Finance)

— by Mr. Pettigrew (Minister for International Trade) — Report of the Export Development Corporation for the year ended December 31, 2001, pursuant to the Privacy Act, R.S. 1985, c. P-21, sbs. 72(2). — Sessional Paper No. 8561-371-702-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)

Adjournment

At 6:45 p.m., by unanimous consent, the Speaker adjourned the House until tomorrow at 10:00 a.m.


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