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


JOURNALS

No. 126

Thursday, December 6, 2001

10:00 a.m.



Prayers

Daily Routine Of Business

Tabling of Documents

Pursuant to Standing Order 32(2), Ms. Robillard (President of the Treasury Board) laid upon the Table, — Document entitled "Canada's Performance 2001". — Sessional Paper No. 8563-371-171.


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. 371-0425 concerning sexual and violent content in the media. — Sessional Paper No. 8545-371-32-02;

— No. 371-0440 concerning the National Missile Defence Program. — Sessional Paper No. 8545-371-56-04.

Introduction of Government Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of
Mr. Pettigrew (Minister for International Trade) for Mr. Cauchon (Minister of National Revenue), seconded by Mr. Rock (Minister of Health), Bill C-47, An Act respecting the taxation of spirits, wine and tobacco and the treatment of ships' stores, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Recommendation
(Pursuant to Standing Order 79(2))

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled "An Act respecting the taxation of spirits, wine and tobacco and the treatment of ships' stores".

Presenting Reports from Committees

Mr. Williams (St. Albert), from the Standing Committee on Public Accounts, presented the Tenth Report of the Committee (Chapter 15 of the October 2000 Report of the Auditor General of Canada). — Sessional Paper No. 8510-371-112.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 10, 20, 21, 27 and 34) was tabled.


Mr. Williams (St. Albert), from the Standing Committee on Public Accounts, presented the 11th Report of the Committee (Chapter 21 of the December 2000 Report of the Auditor General of Canada). — Sessional Paper No. 8510-371-113.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 12, 13 and 34) was tabled.


Mr. Williams (St. Albert), from the Standing Committee on Public Accounts, presented the 12th Report of the Committee (Chapter 9 of the April 2000 Report of the Auditor General of Canada). — Sessional Paper No. 8510-371-114.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 12, 13, 16, 17 and 35) was tabled.


Mr. Fontana (London North Centre), from the Standing Committee on Citizenship and Immigration, presented the Second Report of the Committee (Hands Across the Border: Working Together at our Shared Border and Abroad to Ensure Safety, Security and Efficiency). — Sessional Paper No. 8510-371-115.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meeting Nos. 29 to 40) was tabled.


Mr. Grewal (Surrey Central), from the Standing Joint Committee on Scrutiny of Regulations, presented the Fourth Report of the Committee (Northwest Territories Reindeer Regulations C.R.C 1978, c. 1238). — Sessional Paper No. 8510-371-116.

Pursuant to Standing Order 123, it was noted that the Report contained a proposed resolution to revoke subsection 15(5) of the Northwest Territories Reindeer Regulations, C.R.C. 1978, c. 1238.

A copy of the relevant Minutes of Proceedings (Meeting No. 10) was tabled.

Motions

Mr. Gagnon (Champlain), seconded by Mr. Brien (Témiscamingue), moved, — That the Sixth Report of the Standing Committee on Human Resources Development and the Status of Persons with Disabilities, presented on Tuesday, December 4, 2001, be concurred in.

Debate arose thereon.

Mr. Regan (Parliamentary Secretary to the Leader of the Government in the House of Commons), seconded by Mr. Saada (Brossard--La Prairie), moved, — That the House do now proceed to the Orders of the Day.

The question was put on the motion and it was agreed to on the following division:

(Division No. 213 -- Vote No 213)

YEAS: 161, NAYS: 43

YEAS -- POUR
Adams
Allard
Anderson (Cypress Hills--Grasslands)
Anderson (Victoria)
Assad
Assadourian
Augustine
Bagnell
Bailey
Baker
Bakopanos
Barnes
Beaumier
Bélanger
Bellemare
Bennett
Bertrand
Binet
Blondin-Andrew
Bonin
Bonwick
Boudria
Bradshaw
Brown
Bryden
Bulte
Burton
Byrne
Caccia
Cadman
Calder
Cannis
Caplan
Castonguay
Catterall
Charbonneau
Chatters
Coderre
Collenette
Cotler
Cullen
Cummins
Cuzner
Day
DeVillers
Dhaliwal
Dion
Dromisky
Drouin
Duplain
Easter
Epp
Eyking
Farrah
Finlay
Fitzpatrick
Folco
Fry
Gagliano
Gallant
Godfrey
Goldring
Goodale
Graham
Grewal
Grose
Guarnieri
Harb
Harris
Harvard
Harvey
Hilstrom
Hinton
Hubbard
Jackson
Johnston
Jordan
Karetak-Lindell
Keyes
Kilgour (Edmonton Southeast)
Knutson
Kraft Sloan
Lastewka
Lee
Lincoln
Longfield
Lunney (Nanaimo--Alberni)
MacAulay
Macklin
Mahoney
Malhi
Manning
Marcil
Martin (LaSalle--Émard)
Matthews
Mayfield
McCallum
McGuire
McKay (Scarborough East)
McLellan
McTeague
Merrifield
Minna
Mitchell
Moore
Murphy
Myers
Normand
O'Brien (Labrador)
O'Brien (London--Fanshawe)
O'Reilly
Obhrai
Owen
Pagtakhan
Paradis
Parrish
Patry
Peric
Peterson
Pettigrew
Phinney
Pratt
Price
Proulx
Provenzano
Redman
Reed (Halton)
Regan
Richardson
Ritz
Robillard
Rock
Saada
Savoy
Scherrer
Schmidt
Scott
Sgro
Shepherd
Skelton
Solberg
Sorenson
Speller
Spencer
St-Jacques
St-Julien
St. Denis
Stewart
Szabo
Telegdi
Thibault (West Nova)
Thibeault (Saint-Lambert)
Thompson (Wild Rose)
Tirabassi
Tobin
Toews
Tonks
Valeri
Wappel
Wilfert
Wood -- 161
NAYS -- CONTRE
Anders
Asselin
Bachand (Saint-Jean)
Bellehumeur
Bergeron
Blaikie
Borotsik
Bourgeois
Brien
Brison
Cardin
Comartin
Desjarlais
Doyle
Dubé
Duceppe
Gagnon (Québec)
Gagnon (Champlain)
Gauthier
Girard-Bujold
Godin
Grey (Edmonton North)
Guay
Guimond
Hearn
Herron
Hill (Prince George--Peace River)
Keddy (South Shore)
Laframboise
Lanctôt
Lebel
Lill
Marceau
Martin (Winnipeg Centre)
McNally
Meredith
Paquette
Perron
Picard (Drummond)
Plamondon
St-Hilaire
Stoffer
Strahl -- 43
PAIRED -- PAIRÉS
Carroll
Desrochers
Eggleton
Gagliano
Lalonde
Lebel
LeBlanc
Martin (LaSalle--Émard)
Roy
Tremblay (Rimouski-Neigette-et-la Mitis)

Government Orders

The Order was read for the consideration at report stage of Bill C-44, An Act to amend the Aeronautics Act, as reported by the Standing Committee on Transport and Government Operations with an amendment.


Ms. Robillard (President of the Treasury Board) for Mr. Collenette (Minister of Transport), seconded by Mr. MacAulay (Solicitor General of Canada), moved, — That the Bill, as amended, be concurred in at report stage.

The question was put on the motion and it was agreed to on division.

Accordingly, the Bill, as amended, was concurred in at report stage.

Pursuant to Standing Order 76.1(11),
Ms. Robillard (President of the Treasury Board) for Mr. Collenette (Minister of Transport), seconded by Mr. MacAulay (Solicitor General of Canada), moved, — That the Bill be now read a third time and do pass.

Debate arose thereon.

The question was put on the motion and it was agreed to on division.

Accordingly, the Bill was read the third time and passed.


The Order was read for the consideration of the amendment made by the Senate to Bill C-24, An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts.

Ms. McLellan (Minister of Justice), seconded by Mr. Pettigrew (Minister for International Trade), moved, — That the amendment made by the Senate to Bill C-24, An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts, be now read a second time and concurred in.

Debate arose thereon.

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.

Motions

By unanimous consent, it was ordered, — That, at the conclusion of the debate later today on the motion for third reading of Bill S-10, An Act to amend the Parliament of Canada Act (Parliamentary Poet Laureate), all questions necessary to dispose of the motion be deemed put and a recorded division deemed demanded and deferred until Tuesday, December 11, 2001, at the expiry of the time provided for Oral Questions.

Government Orders

The House resumed consideration of the motion of Ms. McLellan (Minister of Justice), seconded by Mr. Pettigrew (Minister for International Trade), — That the amendment made by the Senate to Bill C-24, An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts, be now read a second time and concurred in.

The debate continued.

The question was put on the motion and it was agreed to.


The Order was read for the 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.

Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:

    Group No. 1 -- Motions Nos. 1 and 4 to 9.


Group No. 1

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

Mr. Bryden (Ancaster--Dundas--Flamborough--Aldershot), seconded by Mr. Maloney (Erie--Lincoln), moved Motion No. 4, — 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.”

Mr. Hilstrom (Selkirk--Interlake), seconded by Mr. Martin (Esquimalt--Juan de Fuca), moved Motion No. 5, — 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,”


Mr. Nault (Minister of Indian Affairs and Northern Development) for Ms. McLellan (Minister of Justice), seconded by Ms. Caplan (Minister of Citizenship and Immigration), moved Motion No. 6, — 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.”

Mr. Laframboise (Argenteuil--Papineau--Mirabel), seconded by Mr. Bergeron (Verchères--Les-Patriotes), moved Motion No. 7, — 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.”

Mr. Laframboise (Argenteuil--Papineau--Mirabel), seconded by Mr. Bergeron (Verchères--Les-Patriotes), moved Motion No. 8, — 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.”

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

Debate arose on the motions in Group No. 1.

Motions

By unanimous consent, it was ordered, — That, notwithstanding Standing Order 76, the House may consider Bill C-23, An Act to amend the Competition Act and the Competition Tribunal Act, at report stage and second reading on Friday, December 7, 2001.

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.

Private Members' Business

At 5:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

Mr. Martin (Winnipeg Centre), seconded by Mr. Comartin (Windsor--St. Clair), moved, — That this House urge the government to call a full public inquiry into the death of Dudley George, fatally shot on September 6, 1995, at Ipperwash Park, during a land claims dispute related to the land, treaty and cultural rights of the Stoney Point aboriginal people. (Private Members' Business M-421)

Debate arose thereon.

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


The House resumed consideration of the motion of Ms. Thibeault (Saint-Lambert), seconded by Mr. Marcil (Beauharnois--Salaberry), -- That Bill S-10, An Act to amend the Parliament of Canada Act (Parliamentary Poet Laureate), be now read a third time and do pass.

The debate continued.

The question was put on the motion and, pursuant to Order made earlier today, the recorded division was deferred until Tuesday, December 11, 2001, at the expiry of the time provided for Oral Questions.

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-31, An Act to amend the Export Development Act and to make consequential amendments to other Acts, without amendment.

Petitions Filed with the Clerk of the House

Pursuant to Standing Order 36, a petition certified correct by the Clerk of Petitions was filed as follows:

— by Mr. Savoy (Tobique--Mactaquac), concerning the highway system (No. 371-0508).

Adjournment

At 6:43 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).