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

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JOURNALS

No. 173

Monday, April 22, 2002

11:00 a.m.

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The Clerk informed the House of the unavoidable absence of the Speaker.

Whereupon, Mr. Bélair (Timmins--James Bay) , Deputy Chairman of Committees of the Whole, took the Chair, pursuant to Standing Order 8.

Prayers

Private Members' Business

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

The Order was read for the consideration at report stage of Bill S-22, An Act to provide for the recognition of the Canadian horse as the national horse of Canada, as reported by the Standing Committee on Canadian Heritage without amendment.

Mr. Calder (Dufferin--Peel--Wellington--Grey) , seconded by Mr. Bryden (Ancaster--Dundas--Flamborough--Aldershot) , moved, — That the Bill be concurred in at report stage.

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

Accordingly, the Bill was concurred in at report stage.

Pursuant to Standing Order 76.1(11), Mr. Calder (Dufferin--Peel--Wellington--Grey) , seconded by Mr. Bryden (Ancaster--Dundas--Flamborough--Aldershot) , moved, — That the Bill be now read a third time and do pass.

Debate arose thereon.

The question was put on the motion and, pursuant to Standing Order 45, the recorded division was deferred until Tuesday, April 23, 2002, at the expiry of the time provided for Government Orders.

Interruption

At 11:45 a.m., the sitting was suspended.

At 12:00 p.m., the sitting resumed.

Government Orders

The House resumed consideration of the motion of Mr. Cauchon (Minister of Justice) , seconded by Ms. Caplan (Minister of National Revenue) , — That the amendments numbered 1(b) and 2 made by the Senate to Bill C-15A, An Act to amend the Criminal Code and to amend other Acts, be now read a second time and concurred in; and

That a Message be sent to the Senate to acquaint Their Honours that this House disagrees with the amendment numbered 1(a) made by the Senate to Bill C-15A, An Act to amend the Criminal Code and to amend other Acts, because the amendment could exempt offenders from criminal liability even in cases where they knowingly transmit or make available child pornography.

The debate continued.

Mr. Harris (Prince George--Bulkley Valley) , seconded by Mr. Stinson (Okanagan--Shuswap) , moved the following amendment, — That the motion be amended by deleting all the words after the word “That” and substituting the following:

“the amendment numbered 2 made by the Senate to Bill C-15A, An Act to amend the Criminal Code and to amend other Acts, be now read a second time and concurred in; and

That a Message be sent to the Senate to acquaint Their Honours that this House disagrees with the amendment numbered 1(b) because the amendment applies the artistic merit defence to the new offences introduced by this Act which could impact negatively in child pornography cases, and this House disagrees with the amendment numbered 1(a) made by the Senate to Bill C-15A, An Act to amend the Criminal Code and to amend other Acts, because the amendment could exempt offenders from criminal liability even in cases where they knowingly transmit or make available child pornography.”.

Debate arose thereon.

The question was put on the amendment and, pursuant to Standing Order 45, the recorded division was deferred until Tuesday, April 23, 2002, at the expiry of the time provided for Government Orders.

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The House resumed consideration of the motion of Mr. Cauchon (Minister of Justice) , seconded by Mr. Byrne (Minister of State (Atlantic Canada Opportunities Agency)) , — That Bill C-15B, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, be now read a third time and do pass;

And of the amendment of Mr. Toews (Provencher) , seconded by Mr. Goldring (Edmonton Centre-East) , — That the motion be amended by deleting all the words after the word “That” and substituting the following:

“Bill C-15B, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, be not now read a third time, but be referred back to the Standing Committee on Justice and Human Rights for the purpose of reconsidering Clause 8, taking into consideration the importance of ensuring that the legitimate use of animals by farmers, sportsmen and medical researchers should be protected under this Bill.”;

And of the subamendment of Mr. Hilstrom (Selkirk--Interlake) , seconded by Mr. Solberg (Medicine Hat) , — That the amendment be amended by adding the following:

“and that the Committee report back to the House no later than June 21, 2002.”.

The debate continued.

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.

Question of Privilege

A question of privilege having been raised by Mr. Goodale (Leader of the Government in the House of Commons) , the Speaker ruled that there was a prima facie case of privilege;

Whereupon, Mr. Goodale (Leader of the Government in the House of Commons) , seconded by Mr. Collenette (Minister of Transport) , moved, — That the Member for Esquimalt—Juan de Fuca be suspended from the service of the House until such time as he appears at the Bar of the House to apologize, in a manner found to be satisfactory by the Speaker, for his actions in disregard of the authority of the Chair and in contempt of the House.

Debate arose thereon.

Mr. Reynolds (West Vancouver--Sunshine Coast) , seconded by Mrs. Skelton (Saskatoon--Rosetown--Biggar) , moved the following amendment, — That the motion be amended by deleting all the words after the word “That” and substituting the following:

“the actions of the Member for Esquimalt—Juan de Fuca are found to be in disregard of the authority of the Chair and a contempt of the House and in keeping with tradition, and since the member has made a proper apology, no further action is necessary.”.

Debate arose thereon.

The question was put on the amendment and, pursuant to Standing Order 45, the recorded division was deferred until Tuesday, April 23, 2002, at the expiry of the time provided for Government Orders.

Daily Routine Of Business

Presenting Reports from Committees

Mr. Adams (Peterborough) , from the Standing Committee on Procedure and House Affairs, presented the 52nd Report of the Committee, which was as follows:

The Committee recommends, pursuant to Standing Orders 104 and 114, the following changes in the membership of Standing Committees:

Aboriginal Affairs, Northern Development and Natural Resources

Brian Pallister for Reed Elley

Canadian Heritage

Chuck Strahl for Cheryl Gallant

Citizenship and Immigration

Diane Ablonczy for Paul Forseth

Environment and Sustainable Development

Gary Lunn for Paul Forseth

Finance

Dick Harris for Ken Epp Charlie Penson for Jason Kenney	Grant McNally for Monte Solberg

Foreign Affairs and International Trade

Stockwell Day for Rick Casson	Deepak Obhrai for Brian Pallister

Health

Carol Skelton for Diane Ablonczy

Human Resources Development and the Status of Persons with Disabilities

Reed Elley for Dale Johnston	Monte Solberg for Carol Skelton

Industry, Science and Technology

Brian Fitzpatrick for Charlie Penson	Cheryl Gallant for Preston Manning

Justice and Human Rights

Jay Hill for Brian Fitzpatrick

Public Accounts

Paul Forseth for Myron Thompson

Transport and Government Operations

Jim Gouk for Peter Goldring	Gerry Ritz for Darrel Stinson

The Committee recommends, pursuant to Standing Orders 104 and 114, that the following Members be added to the list of Associate Members of Standing Joint Committees:

Library of Parliament

Ken Epp for Betty Hinton	Deborah Grey for Darrel Stinson

Official Languages

Jason Kenney for Dick Harris

Scrutiny of Regulations

Scott Reid for Jim Gouk

The Committee recommends, pursuant to Standing Orders 104 and 114, that the following Members be added to the list of Associate Members of Standing Committees:

Aboriginal Affairs, Northern Development and Natural Resources

Reed Elley

Canadian Heritage

Cheryl Gallant

Citizenship and Immigration

Paul Forseth

Environment and Sustainable Development

Paul Forseth

Finance

Ken Epp Jason Kenney	Monte Solberg

Foreign Affairs and International Trade

Rick Casson	Brian Pallister

Health

Diane Ablonczy

Human Resources Development and the Status of Persons with Disabilities

Dale Johnston	Carol Skelton

Industry, Science and Technology

Charlie Penson

Justice and Human Rights

Brian Fitzpatrick

Public Accounts

Myron Thompson

Transport and Government Operations

Peter Goldring	Darrel Stinson

The Committee recommends, pursuant to Standing Orders 104 and 114, that the following Members be added to the list of Associate Members of Standing Joint Committees:

Library of Parliament

Betty Hinton	Darrel Stinson

Official Languages

Dick Harris

Scrutiny of Regulations

Jim Gouk

The Committee further recommends that where a Member is appointed as permanent member to a committee in accordance with this report and to which he was previously appointed Associate Member, the name of the Member be struck from the list of Associate Members of the said committee.

A copy of the relevant Minutes of Proceedings is tabled.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Lunn (Saanich--Gulf Islands) , seconded by Mr. Martin (Esquimalt--Juan de Fuca) , Bill C-444, An Act to amend the Youth Criminal Justice Act, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

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Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Martin (Esquimalt--Juan de Fuca) , seconded by Mr. Lunn (Saanich--Gulf Islands) , Bill C-445, An Act to amend the Criminal Code (protection of child before birth), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Martin (Esquimalt--Juan de Fuca) , seconded by Mr. Lunn (Saanich--Gulf Islands) , Bill C-446, An Act to amend the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

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Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Martin (Winnipeg Centre) , seconded by Mr. Proctor (Palliser) , Bill C-447, An Act to amend the Income Tax Act, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Motions

By unanimous consent, it was ordered, — That the 52nd Report of the Standing Committee on Procedure and House Affairs, presented earlier today, be concurred in.

Presenting Petitions

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

— by Mr. Martin (Winnipeg Centre) , concerning aboriginal affairs (No. 371-0652).

Government Orders

The House resumed consideration of the motion of Mr. Cauchon (Minister of Justice) , seconded by Mr. Byrne (Minister of State (Atlantic Canada Opportunities Agency)) , — That Bill C-15B, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, be now read a third time and do pass;

And of the amendment of Mr. Toews (Provencher) , seconded by Mr. Goldring (Edmonton Centre-East) ;

And of the subamendment of Mr. Hilstrom (Selkirk--Interlake) , seconded by Mr. Solberg (Medicine Hat) .

The debate continued.

The question was put on the subamendment and, pursuant to Standing Order 45, the recorded division was deferred until Tuesday, April 23, 2002, at the expiry of the time provided for Government Orders.

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 Mr. Anderson (Minister of the Environment) — Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the year 2000, pursuant to the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, S.C. 1992, c. 52, s. 28. — Sessional Paper No. 8560-371-104-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Environment and Sustainable Development)

— by Mr. Manley (Minister of Infrastructure and Crown Corporations) — Report of the Royal Canadian Mint, together with the Auditor General's Report, for the year 2001, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 150(1). — Sessional Paper No. 8560-371-176-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Transport and Government Operations)

Adjournment Proceedings

At 6:07 p.m., by unanimous consent, the question "That this House do now adjourn" was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

Accordingly, at 6:28 p.m., the Acting Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).