Proceedings of the Standing Senate Committee on
Foreign Affairs
Issue 32 - Minutes of Proceedings
OTTAWA, Tuesday, March 23, 1999
(43)
[English]
The Standing Senate Committee on Foreign Affairs met at 6:20 p.m., this day, in Room 160-S, Centre Block, the Chair, the Honourable John B. Stewart, presiding.
Members of the committee present: The Honourable Senators Carney, P.C., Corbin, De Bané, P.C., Di Nino, Grafstein, Robichaud, P.C. (Saint-Louis-de-Kent) , Stewart and Stollery (8).
In attendance: Peter Berg and David Johansen from the Library of Parliament.
Also present: The official reporters of the Senate.
WITNESS:
From the Department of Finance:
Pat Saroli, Senior Economist, Trade Remedies and General Trade Relations.
Pursuant to its Order of Reference adopted by the Senate, on Wednesday February 17, 1999, the committee proceeded to study Bill C-35, An Act to amend the Special Import Measures Act and the Canadian International Trade Tribunal Act.
Mr. Saroli answered questions.
The committee proceeded to clause-by-clause study of Bill C-35.
The question being put on, to carry Clauses 1 to 65, and the Title, unamended, it was resolved in the affirmative.
It was agreed -- That Bill C-35, to amend the Special Import Measures Act and the Canadian International Trade Tribunal Act be adopted without amendment and reported to the Senate as the Ninth Report of the Committee.
WITNESSES:
From the Department Foreign Affairs and International Trade:
David Preston, Director, U.S. Transboundary Division;
Susan Gardiner, Deputy Director, U.S. Transboundary Division;
David Harris, Legal Counsel, Justice Legal Services Division;
Jacqueline Caron, Legal Counsel, Criminal Law, Privileges and Immunities Section.
From the Department of Justice Canada:
Lucie Angers, Counsel, Criminal Law Policy Section;
Tom McMahon, Counsel.
From the Department of Revenue Canada:
Stephen Barry, Counsel, Legal Services.
From the Department of Citizenship and Immigration Canada:
David Dunbar, Counsel, Legal Services.
Pursuant to its Order of Reference adopted by the Senate, Thursday February 11, 1999, the committee proceeded to study Bill S-22, An Act authorizing the United States to preclear travellers and goods in Canada for entry into the United States for the purposes of customs, immigration, public health, food inspection and plant and animal health.
Mr. Preston made an opening statement and together with the other witnesses answered questions.
At 7:50 p.m. the committee proceeded to clause-by-clause study of Bill S-22.
The question being put on, to carry Clauses 1 to 14, unamended, it was resolved in the affirmative.
It was moved by the Honourable Senator De Bané -- That Clause 15, be amended by replacing line 1 on page 6 with the following:
"15. (1) Every traveller reporting to a preclea-"
After debate,
The question being put on the motion, it was resolved in the affirmative.
The question being put on, to carry Clause 15 as amended, it was resolved in the affirmative.
It was moved by the Honourable Senator De Bané -- That in Clause 16, (a) line 6 be replaced with the following:
"(2) If requested to do so by a preclea-".
(b) lines 13 to 19 be replaced with the following:
"16. (1) If the traveller chooses to answer any question that is asked by a preclearance officer for preclearance purposes, the traveller must answer truthfully.
(2) If the traveller refuses to answer any question asked for preclearance purposes, the preclearance officer may order the traveller to leave the preclearance area.
(3) The refusal by a traveller to answer any question asked by a preclearance officer does not in and of itself constitute reasonable grounds for the officer to suspect that a search of the traveller is necessary for the purposes of this Act or that an offence has been committed under section 33 or 34.".
After debate,
The question being put on the motion, it was, resolved in the affirmative.
The question being put on, to carry Clause 16 as amended, it was resolved in the affirmative.
It was moved by the Honourable Senator De Bané -- That Clause 17 be amended by replacing line 24 with the following:
"16(2), and the Canadian officer is authorized".
After debate,
The question being put on the motion, it was, resolved in the affirmative.
The question being put on, to carry Clause 17 as amended, it was resolved in the affirmative.
The question being put on, to carry Clauses 18 to 32, unamended, it was resolved in the affirmative.
It was moved by the Honourable Senator De Bané -- That Clause 33 be amended by replacing lines 14 to 24 with the following:
"33. (1) Every person who makes an oral or written statement to a preclearance officer with respect to the preclearance of the person or any goods for entry into the United States that the person knows to be false or deceptive or to contain information that the person knows is false or deceptive is guilty of an offence punishable on summary conviction and liable to a maximum fine of $5,000.
(2) Notwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed for default of payment of a fine imposed under subsection (1).
(3) An offence under subsection (1) does not constitute an offence for the purposes of the Criminal Records Act.".
After debate,
The question being put on the motion, it was, resolved in the affirmative.
The question being put on, to carry Clause 33 as amended, it was resolved in the affirmative.
The question being put on, to carry Clauses 34 to 39, the Schedule, the Preamble and the Title unamended, it was resolved in the affirmative.
It was agreed -- That Bill S-22, An Act authorizing the United States to preclear travellers and goods in Canada for entry into the United States for the purposes of customs, immigration, public health, food inspection and plant and animal health be adopted with amendments and reported to the Senate as the Tenth Report of the Committee.
It was agreed -- That the letter from Canadian Bar Association signed by Michael A.Greene, Treasurer, and Howard D. Greenberg, Former Chair to Ms Susan Gardiner, Deputy Director, U.S. Transboundary Division, Department of Foreign Affairs dated March 23, 1999 be appended to the Minutes of this day.
At 8:20 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Line Gravel
Clerk of the Committee
OTTAWA, Wednesday, March 24, 1999
(44)
[English]
The Standing Senate Committee on Foreign Affairs met in camera at 5:00 p.m., this day, in room 160-S, Centre Block, the Chair, the Honourable John B. Stewart, presiding.
Members of the committee present: The Honourable Senators Corbin, De Bané, P.C., Di Nino, Grafstein, Stewart, Stollery and Whelan, P.C. (7).
In attendance: Peter Berg, Research Officer, Research Branch, Library of Parliament.
Pursuant to the Order of Reference adopted by the Senate on March 23, 1999, the committee proceeded to consider the ramifications to Canada of:
1. the changed mandate of the North Atlantic Treaty Organization (NATO) and Canada's role in NATO since the demise of the Warsaw Pact, the end of the Cold War and the recent addition to membership in NATO of Hungary, Poland and the Czech Republic; and
2. peacekeeping, with particular reference to Canada's ability to participate in it under the auspices of any international body of which Canada is a member.
It was agreed -- That a summary of recent studies on the above-mentioned subjects be prepared forthwith; and that a list of potential witnesses and a work schedule be prepared for the consideration of the Committee.
At 5:25 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Timothy Ross Wilson
Acting Clerk of the Committee