Senator Dan Hays

SPEAKER’S REPORT

Spring 2003

Inside This Edition ...

Page 1

International Psychoso- cial Oncology Congress

Personal Message

Page 2

Origins and Evolution of Second Chambers

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Joint Parliamentary Dele- gation visits India Psychosocial Oncology Congress In Banff

Dr. Barry Bultz, President of the Canadian Association of Psychosocial Oncology at the Page 4 Tom Baker Cancer Centre, with Ted Kennedy, Jr., keynote speaker and cancer survivor,

and Speaker Hays at the Sixth World Congress of Psychosocial Oncology held at the Banff Speaker Hays Attends In- Centre in April. The congress brought together practitioners who take a multidisciplinary auguration of Ecuadorian approach offering counselling and emotional care to cancer patients and their families. Par- President ticipants at the meeting discussed approaches to understanding and dealing with the various psychological, social, emotional, economic, spiritual and functional aspects of cancer. Page 5

Senate Delegation travels Dear Reader, to This Report touches on the three important roles that I fulfill. One is Page 6 my regional role as a representative of Alberta. Another is my legislative role as both Speaker of the and senator. The final is my role in international re-

And on to Russia lations with other and countries. This newsletter highlights my activities with respect to all three roles. Page 7 This edition of the Speaker’s Report contains an article on the history of bicam- eral institutions, and the first in an intended series of articles on visited The Round-up during my term as Speaker. It also includes descriptions of official visits to In- dia, Russia and Poland (see my website for full reports), as well as an overview Alberta Caucus Tour of my participation as Canada’s representative at the inauguration of the new

Page 8 President of Ecuador. I welcome any comments or questions you may have. Please feel free Private Members’ Bills to contact me at 1-800-267-7362.

Diplomatic Corner Sincerely, Dan Hays Page 2 Speaker’s Report Summer 2003 Origins and Evolution of Second Chambers To better understand the Canadian By the third century BC, Rome’s po- and property qualifications, to create “a Senate, and second chambers generally, it litical structure rested on a balance of proper forum for ‘sober second thought’ in is useful to look at their origins in history power, which was clearly expressed by the best traditions of Britain and France.”6 and their evolution over time. the state’s motto, Senatus populus que As well, each of the 3 original divisions – Though bicameral have romanus (the people and the Senate). This Quebec, Ontario and the combined prov- their origins in the thirteenth-century Eng- equilibrium manifested itself in the mu- inces of Nova Scotia and New Bruns- lish , their roots go all the way tual control which the different political wick – was to be represented by 24 sena- back to ancient Greece and Rome. organs – the assemblies, the magistrature tors, providing another example of a fed- According to Meg Russell1, some and the Senate – exercised over each eral upper chamber. Here again, the upper government systems of antiquity featured other. But, as Roman institutions evolved, chamber operates opposite a House of councils of elders, who generally repre- note Tsebelis and Money, “multiple rep- Commons whose members are elected by sented the wealthy and powerful classes, resentational structures developed, often the population. operating alongside assemblies that repre- with different deliberative responsibili- Since their earliest manifestations in sented the citizens. “The purpose of such ties, so that the parallel to -day antiquity, the purpose of second chambers multi-chamber arrangements,” adds Rus- bicameral legislatures diminished over has been to provide balance and stability sell, “was to represent different interests time.”4 through mixed government. Originally de- and classes, binding society together and Although the roots of signed to represent wise elders or aristo- creating more stable government.” can be traced back to antiquity, two- crats, second chambers exist today for two Moreover, ancient Greek philoso- chamber legislatures as such emerged main reasons, both of which ensure equi- phers, including Aristotle, advocated the from the Magnum Concilium, or Great librium: 1) in , to reflect the idea of mixed government over that of Council, of English kings, beginning in dualist nature of the state; 2) in unitary sys- simple government, thereby anticipating the thirteenth century. Before the emer- tems, to provide a mechanism for checking the system we know as checks and bal- gence of Parliament, the king would draw the hasty decisions sometimes made by the ances today. Mixed government included on the advice of two councils for making , or to maintain balance be- representatives from 2 or 3 of the con- decisions affecting the realm. The first, tween the and the executive.7 stituent interests that were the monarchy, the Concilium, consisted of semiprofes- Today, there is a growing trend among aristocracy or democracy. Its advantage sional advisers and administrators, while countries towards adopting legislative sys- was that it would prevent tyranny and the second, the Magnum Concilium, com- tems that include a second chamber. In- provide stability by ensuring a balance of prised feudal magnates, i.e., the king’s deed, from only 45 nations having a senate power through the representation of vari- chief tenants, who were the prelates of the in 1970, that number has grown to 67 in ous classes.2 church and the barons. The evolution of 2003. Moreover, several countries are now In Greece, bicameral-like institutions the Magnum Concilium into two cham- in the process of either creating an upper existed in a variety of city-states, includ- bers occurred in three separate stages, house, or are seriously considering doing ing Athens. There, the council of wise over a period of two centuries: so. This trend is no doubt attributable to elders operated alongside a council of 50 “[It] began with the Great Council’s the “need for a democratic instrument that representatives from each of the ten retention of power over taxes; this was ensures the balanced functioning of the tribes, as well as an assembly representing followed by the expansion of representa- apparatus of state and an optimal function- all citizens. “The council and the assem- tion in the Great Council; the final stage ing of the legislative process while rein- bly deliberated the same issues, providing was the division of these various estates forcing the scrutiny on government ac- a parallel to the dual deliberation found in into two distinct chambers.”5 tion.”8 modern bicameral legislatures.”3 The history of bicameralism provides The governments of ancient Rome also other noteworthy examples, such as the Footnotes th 1. Russell, Meg, Reforming the , Ox- relied on bicameral legislatures. In fact, French Estates General in the 14 cen- ford University Press, New York, 2000, p. 19. the name we ascribe to many second tury, where the clergy, the nobility and 2. Tsebelis, George, and Money, Jeannette, Bicam- chambers today – senate – comes from the remainder of the political class met in eralism, Cambridge University Press, Cambridge, the council of elders which early Roman separate chambers. As well, the American 1997, p. 19. kings appointed to advise them. The as- Revolution brought about a federal upper 3. Ibid., p. 18. 4. Ibid. sembly that operated alongside the Ro- house designed to protect and give equal 5. Ibid., p. 19. man Senate under the monarchy was representation to each of the member 6. Ibid., p. 53. known as the comitia curiate. Organizing states. With two senators from every 7. Inter-Parliamentary Union, Parliaments of the the three tribes of Rome into 10 curiae state, this body was designed to function World: A Comparative Reference Compendium, Vol- ume 1, Second Edition, New York, Oxford, 1986, p. each, the function of this assembly was to opposite a House of Representatives 14. endorse the Senate’s selection of a new whose membership was based on popula- 8. Senate of France, Forum of the World’s Senates, king, following the death of his predeces- tion. March 14, 2000, www.senat.fr/senatsdumonde/ sor, and to sanction the king’s authority Canada’s , for its part, english/english.html over the army. From an advisory council, adopted characteristics from the British the Senate gradually acquired great pow- and American models. Its appointed **To read this article in its entirety, ers and became a key government body in members were to be subjected to age please visit www.parl.gc.ca/dhays the last two centuries of the republic. Page 3 Speaker’s Report Summer 2003 Joint Parliamentary Delegation Visits India

Speaker Hays led a parliamentary delegation to India from November 18 to 24, 2002. The delegation consisted of members from both chambers and included the Leader of the Official Opposition in the Senate, Senator John Lynch-Staunton, Senator Mobina Jaffer, Mr. Deepak Ob- hrai, M.P., and the Clerk of the Senate and Parliaments, Mr. Paul Bélisle.

India is one of the world’s oldest civilizations and throughout history has remained a virtually self- contained political and cultural society. Since India’s be- ginnings, it has been a highly sophisticated culture. To- Speaker Hays and delegates lay a wreath at the Gandhi memorial in day, India can also boast of a strong infrastructure, a Rajghat, on the site where Mahatma Gandhi was cremated. sound agricultural and industrial base, as well as the third largest scientific and engineering community in the world.

The Canadian delegation was graciously received by the Parliament of India with a full agenda and held high-level meetings. The delegation met with President Abdel Kalam and the Leader of the Opposition, Mrs. Sonia Gandhi at Parliament House. As well, Speaker Hays met with Shri Manohar Joshi, Speaker of the Lok Sabha, and his counterpart Shri Bhairon Singh Shekhawat, Chairman of the . As chairman of the Rajya Sabha (or Council of States), Mr. Shekhawat is also the Vice- President of India. The Rajya Sabha is the second cham- ber of India’s Parliament. It is elected by the state assem- blies through a form of proportional representation. Mr. Shekhawat, Chairman of the Rajya Sabha, is elected by members of both houses of Parliament. The Prime Minister of India, Mr. Shri Atal Bihari Vajpayee shakes hands with Speaker Hays following a meeting with the delegation. The delegation spent time in India’s capital New Delhi and had the opportunity to travel to neighbouring states. On the second day, the delegation departed from the New Delhi train station for Agra, which is located in the north central state of Uttar Pradesh, the former capital of the Mughal empire. It is also the site of the Taj Mahal. Next, the delegation traveled to the state of Madhya Pradesh, where it spent two days visiting the state legisla- ture and meeting with state officials.

Canada and India enjoy healthy diplomatic relations built on the framework of their membership in the Common- wealth Parliamentary Association. They also share simi- lar positions and concerns regarding the international community. The last Canadian delegation to India was led by former Speaker of the House, the Honourable John Fraser in 1993. The group led by Speaker Hays was suc- Speaker Hays meets Speaker Shri Manohar Joshi of the Lok Sabha or the cessful in affirming and reestablishing parliamentary ties House of the People in India’s Parliament. between the two countries. Page 4 Speaker’s Report Summer 2003 Speaker Hays Attends Speaker Hays’ visit to Quito was important in demon- strating Canada’s interest in working with President Inauguration of Gutiérrez’s administration and expanding relations with New Ecuadorian President Ecuador, especially at the parliamentary level. Speaker Hays had the honour of witnessing the Presidential Man- date Transmission Ceremony in Ecuador’s National Con- gress, and met personally with President Gutiérrez.

The Speaker also had an important meeting with his coun- terpart, Guillermo Landazuri, the newly elected President of the Congress. This meeting was useful in exploring some of the challenges ahead for the Ecuadorian govern- ment. The meeting with President Landazuri was note- worthy in that it was one of the first bilateral meetings granted by Congress.

President Lucio Gutiérrez is led through the crowd of guests at his inauguration ceremony in Quito, Ecuador this past January.

From January 13 to 17, 2003, Speaker Hays represented Canada at the inauguration of the newly elected Ecuador- ian President Lucio Gutiérrez in Quito, Ecuador.

Ecuador is a country of 13 million people, situated on the Pacific coast of South America. Indigenous people make up approximately a third of the population. The country has great potential as it has extensive natural resources, notably oil in the Amazon region and diverse mineral de- posits in the Andes. There is a significant and growing Canadian presence in Ecuador. Canadian investment is Speaker Hays meets with his newly elected counterpart Guillermo Landazuri, focused primarily in the oil sector. The province of Al- President of the Ecuadorian Congress. This was one of the first bilateral mee- tings granted by Congress. berta is particularly active in Ecuador, notably in explora- tion and production in Ecuador’s oil fields. Alberta is In addition to the official duties surrounding the inaugura- also involved in the area of education. For example, the tion, Speaker Hays had an extensive program in Ecuador University of Calgary offers a master’s degree in energy with activities ranging from visiting a local cattle genetic and environmental management through the Latin Ameri- research centre and cattle ranch, to meetings with the Ca- can Organization for Energy Development, based in nadian-Ecuadorian Chamber of Commerce, Foster Quito. Wheeler, Encana and Rio Alta. Overall, the Speaker’s multi-faceted agenda, addressing bilateral and multilateral relations in the region, was a great success in pushing for- ward Canada’s inter-American diplomatic relations.

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Speaker’s Report is available in both English and French. If you would like to receive it in both languages, please contact the Ottawa office. Mr. Douglas Patriquin, Speaker Hays and Canadian Ambassador von Fincken- stein at the inauguration of the Ecuadorian president. Page 5 Speaker’s Report Summer 2003 Senate Delegation travels to Poland

At the invitation of the , Speaker Hays led a delegation to and Krakow from March 3 to 9, 2003.

Senators Day, Andreychuk, Setlakwe, and Hays with Ambassador Lysyshyn outside the Canadian Embassy in Warsaw, Poland.

Next, the delegation traveled to where Speaker Hays addressed the Canadian Studies students at the Uni- versity of Silesia on the topic of multiculturalism in Can- ada. The delegation met with various provincial and mu- nicipal authorities in the province of Silesia and had a chance to speak with representatives of Canadian compa- Speaker Hays signs a guest book at the request of Speaker Pastusiak of Poland (centre). nies active in the region.

Prior to leaving Poland, the Canadian delegation paid a The visit by the Canadian Senate delegation occurred at a very somber visit to the former Nazi concentration camps pivotal moment in Poland’s history—at the end of one of Auschwitz-Birkenau and laid a wreath to honour and era, and the beginning of a new and very different one. remember all those who suffered the atrocities of the Poland has a rich history, however it has frequently been camps. invaded. It was in 1989 that Poland emerged as an inde- pendent and democratic country. Since then, Poles have consolidated their freedom and firmly embedded their country in the world’s community of democratic, free- Speaker market countries. Poland will soon be a member of Hays signs the NATO, and will become one of the largest countries in guest the . book during his visit to Ausch- The delegation first visited the city of Warsaw and met witz- Birkenau. with key parliamentary figures including His Excellency The Sen- Aleksander Kwasniewski, President of the Republic of ate dele- Poland; Prime Minister Leszek Miller; Professor Longin gation paid their Pastusiak, Speaker of the Polish Senate; , respects Speaker of the or Lower House of Parliament; and by laying Grzegorz Kolodko, Deputy Prime Minister and Finance a wreath at Ausch- Minister. Meetings with these parliamentarians gave the witz Canadian delegation an opportunity to gauge views on while in both the short and long-term challenges facing Poland, Poland. and to signal Canada’s willingness to develop a new and substantive bilateral relationship. Page 6 Speaker’s Report Summer 2003 ... and on to Russia

Following the visit to Poland, delegates visited Russia from March 9 to 15, 2003 at the invitation of the Russian Federa- tion Council. Russia is Canada’s largest trading partner in Central Eastern Europe, and in recent years the two coun- tries have cooperated in international forums, including the United Nations, the G8, the Arctic Council and the NATO- Russia Permanent Joint Council.

The Russian has undergone tremendous changes in the past decade, and Canada has supported these reforms. It has actively invested in projects through the Canadian International Development Agency (CIDA). This aid has Inside the Russian Duma with Sergei Mironov (on the right), Chair of the Fed- focused on three areas: supporting the transition to a mar- eration Council during the delegation’s tour of Moscow. ket-based economy; encouraging Russia’s integration into the international system; and promoting democratic devel- opment.

The Canadian delegation met with various officials in Mos- cow, both in the Federation Council (or Upper Chamber of the Parliament) and in the State Duma (or Lower Cham- ber). Highlights included meetings with Sergei Mironov, Chair of the Federation Council and Gennady Seleznyov, Chair of the State Duma.

The delegation traveled next to the city of Krasnoyarsk in central Siberia. Krasnoyarsk is a region rich in natural re- sources, including metals, oil, coal and timber. This region is also a major producer of electricity, boasting two mas- sive hydro-electric stations on the Enisei and Angara rivers. The Senate delegation, accompanied by Canadian Ambassador Rod Irwin,

visited the new Centre for Canadian Language, Culture and Education at the Moscow University of Linguistics.

The delegation met with territorial administrators, includ- ing Khloponin, members of the Legislative As- sembly and Mayor Pimashkov. It also visited the Kras- noyarsk AIDS Centre and participated in a round table discussion on HIV/AIDS. Russia is suffering from a very serious HIV/AIDS epidemic and Canada is assisting its efforts to respond to the spread of this disease through projects such as the Russian HIV Response Network.

The Canadian Senate delegation’s visit to the Russian Federation was significant in enhancing parliamentary exchanges and dialogue between Canada and Russia, pur- Russian soldiers lead Senate delegation in a wreath-laying ceremony at the suing northern and economic relations, and exploring for- Tomb of the Unknown Soldier in Alexander Park adjacent to the walls of the eign policies on questions of international concern. Kremlin. Page 7 Speaker’s Report Summer 2003

The Round-up Here are some events in which Senator Hays participated since the last edition of the Speaker’s Report. Alberta Caucus Tour Children’s Miracle Network On April 22 and 23, Senator Hays attended the Alberta Liberal Caucus tour, along with fellow Senator Tommy Senator Hays was pleased to host a reception for eleven Banks, Minister Anne McLellan and Secretary of State critically ill children, their parents and siblings, who vis- David Kilgour. ited Ottawa en route to Disneyworld in late March.

Over the two-day period, the caucus met with a variety of The Children’s Miracle Network, which links children’s groups, toured different institutions and discussed issues hospitals from across Canada and the U.S., chose the affecting the province. The first day, the group traveled to children to be ambassadors for the organization. This Edmonton where they met with the Edmonton Interfaith was the first trip to Ottawa for most of the children, aged Council, toured the Steadward Centre at the University of one to 14 years. Alberta, and met with the Wildrose Agricultural Produc-

ers. The caucus also had a very interesting meeting with The families met with MPs and Senators at the reception, Mayor Bill Smith and discussed issues such as funding for then had a tour of Parliament. They ended the trip with a cities and municipalities, police services, rapid transit, visit to the Senate gallery, where the Speaker acknowl- homelessness and a host of other issues currently affecting edged them from the Senate floor. After Ottawa, the chil- Edmonton and Alberta as a whole. dren and their families were off to Florida, where they joined American representatives. Once in the United The second day of the tour was spent in Calgary. The cau- States, they also taped the Children’s Miracle Network cus began the day in a meeting with Mayor Dave Broncon- Celebration 2003, a television fundraiser. nier. Funding to cities and municipalities was again brought to the table, as were light rail transit, the transpor- tation infrastructure in Calgary, education and other mat- ters. The caucus toured the Calgary Urban Project Soci- ety, met with the Calgary Economic Development Au- Senator Hays meets with students thority and toured the Glenbow Museum. The afternoon Senator Hays met with Edmonton native Ryan Penner, cur- was spent in a briefing on wind power and fertilizer issues. rently studying law at the University of Ottawa, as well as with several faculty members in late February. Ryan is pre- The tour was extremely important in familiarizing caucus paring to spend his summer in Calgary working at Macleod with the concerns and needs of the province, as well as the Dixon, where the senator is an associate lawyer. Both Ryan municipalities. Local groups and individuals were able to and the law professors were eager to find out more about inform the members of where federal funding and assis- Senator Hays’ pre-Senate career. tance are needed. All parliamentarians who participated in the tour appreciated the opportunity to speak with constitu- Before taking a brief tour of the law building at the U of O, ents directly and to obtain first-hand knowledge of what Ryan introduced Senator Hays to Professors Errol Mendes, their constituencies need. For further information on Al- Joanne St. Lewis, John Currie, Llana Nakonechny, Daphne berta Caucus, contact Senator Banks at 613-995-1889. Gilbert and Dean Bruce Feldthusen. They discussed inter- national law, as well as the state of university education in

Canada as reflected in ageing buildings and growing class Visit the Speaker’s Web Site: sizes. www.sen.parl.gc.ca/dhays

While education funding played a large part in the group Any Comments? Contact us at... discussion, Ryan and Senator Hays also talked about how Senator Dan Hays Senator Dan Hays much Ryan looked forward to living in Calgary. Speaker of the Senate 650, 1207-11 Ave.SW

Senator Hays met with another U of O student earlier in Parliament Hill Calgary, Alberta February. Political science student Doug Monroe, from Ottawa, Ontario T3C 0M5 K1A 0A4 Calgary, met with both Senator Hays and his member of 1-800-267-7362 (403) 244-3111 Parliament, Myron Thompson, for the first time. (613) 995-3286 [Fax] (403) 244-3128 [Fax] Page 8 Speaker’s Report Summer 2003

Private Members’ Bills

Private Members’ Bills are legislation that is introduced by individual members of Parliament. Two interesting examples of bills before the Senate are:

S-4 - October 2, 2002 Senator Terry Stratton, from Red River Manitoba, has proposed legislation that would change the way appoint- ments are made in Canada. Bill S-4 seeks to strengthen public confidence in government by making the appoint- ment process more accessible and accountable.

The bill sets out the framework for establishing a com- mittee of the Queen's Privy Council. The committee Kathy Hays and Laura Payton gathering sap during the thaw. The Speaker would be responsible for developing and publishing cri- and Kathy held an event for this year’s Senate pages at Hillside Sugar Shanty, a teria and procedures applicable to all candidates. Ap- sugar bush in the Ottawa Valley area. pointments would then be limited to candidates put for- ward by the committee. In addition, any minister of the Crown who wishes to recommend an individual would Diplomatic Corner have to give notice of this intent in both houses of Par- liament and publish it in the Canada Gazette. Since the publication of the last Speaker’s Report, Senator Hays had the the honour of meeting several dignitaries, in- These new guidelines would apply to many of Canada’s cluding: top offices including the Governor General, the Chief Justice, Commissioners of territories, Supreme Court judges and the Senate. His Excellency Fouad Najeeb Ayoub Ambassador of Jordan S-16 - March 18, 2003 The Pastors council, Director Jerry Sherman On March 18, 2003, Bill S-16 received its first reading Christian Embassy in the Senate. The bill, tabled by Senator Donald Oliver, His Excellency Pawel Dobrowolski provides for the election of the Speaker of the Senate by Ambassador of Poland amending the Constitution Act 1867 and the Parliament His Excellency Harcourt Turnquest of Canada Act. An election by secret ballot would de- High Commissioner of the Bahamas termine new Speakers at the beginning of each session. His Excellency Ali Suleiman Aujali Currently, the Speaker is appointed by the Governor Ambassador of Lybia General on the recommendation of the Prime Minister. His Excellency Erhan Ogut Ambassador of Turkey Bill S-16 would also change when and how the Speaker His Excellency Lucio Gutiérrez of the Senate could vote. As in the House of Commons, President of Ecuador the Speaker would only be permitted to vote in the event His Excellency Denes Tomaj of a tie. These new rules would equally apply to the Ambassador of Hungary Speaker pro tempore, or as renamed in Senator Oliver’s Her Excellency Ana Carolina Galeano Burgos bill, the Deputy Speaker. Ambassador of Honduras His Excellency Goran Persson In his statement in the Chamber, Senator Oliver argued Prime Minister of Sweden that it is time for the Speaker to be chosen by those Mr. Walter Lister, JP, MP whom he or she represents. Deputy Speaker of The Honourable Ilinka Mitreva “Honourable Senators, given that the Speaker needs our Minister of Foreign Affairs of Macedonia trust and that he represents us all, I wonder if the time His Excellency Joseph Caron has not come to elect him by secret ballot. The Speaker Ambassador of Canada to China is not the servant of the Prime Minister, of the govern- His Excellency Rakotoarisoa Florent ment or of the opposition; he is the servant of the Ambassador of Madagascar Senate.”