46 Elizabeth II, A.D. 1997, Canada

Journals of the Senate


Issue 5

Thursday, October 2, 1997
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Beaudoin, Berntson, Bonnell, Bosa, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Cochrane, Comeau, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Doyle, Fairbairn, Ferretti Barth, Forest, Forrestall, Graham, Grimard, Gustafson, Haidasz, Hays, Hébert, Hervieux-Payette, Jessiman, Johnson, Kelleher, Kenny, Keon, Kinsella, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lucier, Lynch-Staunton, MacDonald, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Petten, Phillips, Pitfield, Poulin, Prud'homme, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, St. Germain, Simard, Stanbury, Stewart, Watt, Whelan, Wood

PRAYERS.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

MESSAGES FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons in the following words:

Wednesday, October 1, 1997

ORDERED,-That the House of Commons do unite with the Senate in the appointment of a Special Joint Committee of the House of Commons and the Senate to study matters related to the proposed resolution respecting a proposed Amendment to Section 93 of the Constitution Act, 1867 concerning the Quebec school system;

That sixteen Members of the House of Commons and seven Members of the Senate be members of the Committee;

That the committee be directed to consult broadly and review such information as it deems appropriate with respect to this issue;

That the Committee have the power to sit during sittings and adjournments of the House;

That the Committee have the power to report from time to time, to send for persons, papers and records, and to print such papers and evidence as may be ordered by the Committee;

That the Committee have the power to retain the services of expert, professional technical and clerical staff;

That the quorum of the Committee be twelve members whenever a vote, resolution or other decision is taken, so long as both Houses are represented and that the Joint Chairpersons be authorized to hold meetings, to receive evidence and authorize the printing thereof, whenever six members are present, so long as both Houses are represented.

That the Committee be empowered to appoint, from among its members, such sub-committees as may be deemed advisable, and to delegate to such sub-committees all or any of its powers except the power to report to the Senate and House of Commons;

That the Committee be empowered to authorize television and radio broadcasting of any or all of its proceedings;

That the Committee make its final report no later than November 7, 1997;

That, notwithstanding usual practices, if the House or the Senate are not sitting when the final report of the Committee is completed, the report may be deposited with the Clerk of the House which is not sitting, or the Clerks of both Houses if neither House is then sitting, and the report shall thereupon be deemed to have been presented in that House, or both Houses, as the case may be; and

That a Message be sent to the Senate to acquaint that House accordingly.

ATTEST:

ROBERT MARLEAU

Clerk of the House of Commons

Tabling of Documents

The Honourable Senator Carstairs tabled the following:

1997-98 Estimates Part II: The Main Estimates.-Sessional Paper No. 1/36-77.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Hébert presented the following:

THURSDAY, October 2, 1997

The Committee of Selection has the honour to present its

FIRST REPORT

Pursuant to Rule 85(1)(a) of the Rules of the Senate, your Committee nominates the Honourable Senator Ottenheimer as Speaker pro tempore.

Respectfully submitted,

JACQUES HÉBERT

Chairman

With leave of the Senate, The Honourable Senator Hébert moved, seconded by the Honourable Senator Mercier, that the Report be adopted now.

The question being put on the motion, it was adopted.

The Honourable Senator Hébert presented the following:

THURSDAY, October 2, 1997

The Committee of Selection has the honour to present its

SECOND REPORT

Pursuant to Rule 85(1)(b) of the Rules of the Senate, your Committee submits herewith the list of Senators nominated by it to serve on the following committees:

STANDING JOINT COMMITTEE ON LIBRARY OF PARLIAMENT

The Honourable Senators Bolduc, Corbin, DeWare, Doyle, Gigantès, Grafstein and Robichaud (L'Acadie-Acadia).

STANDING JOINT COMMITTEE FOR THE SCRUTINY OF REGULATIONS

The Honourable Senators Cogger, Ferretti Barth, Grimard, Hervieux-Payette, Kelly, Lewis, Mercier and Moore.

STANDING JOINT COMMITTEE ON OFFICIAL LANGUAGES

The Honourable Senators Beaudoin, Gauthier, Kinsella, Losier-Cool, Rivest, Robichaud (L'Acadie-Acadia), Robichaud (Saint-Louis-de-Kent), Pépin and Simard.

STANDING COMMITTEE ON PRIVILEGES, STANDING RULES AND ORDERS

The Honourable Senators Bosa, Corbin, Doyle, Grafstein, *Graham (or Carstairs), Grimard, Kelly, Lewis, *Lynch-Staunton (or Kinsella (acting)), Marchand, Maheu, Milne, Pearson, Petten, Robertson and Rossiter.

*Ex officio members

STANDING COMMITTEE ON INTERNAL ECONOMY, BUDGETS AND ADMINISTRATION

The Honourable Senators Atkins, Callbeck, De Bané, DeWare, Di Nino, *Graham (or Carstairs), Kinsella, LeBreton, *Lynch-Staunton (or Kinsella (acting)), Maheu, Nolin, Poulin, Robichaud (Saint-Louis-de-Kent), Rompkey, Stollery, Taylor and Wood.

*Ex officio members

STANDING COMMITTEE ON FOREIGN AFFAIRS

The Honourable Senators Andreychuk, Bacon, Bolduc, Carney, Corbin, De Bané, Doody, Grafstein, *Graham (or Carstairs), *Lynch-Staunton (or Kinsella (acting)), MacDonald, Stewart, Stollery and Whelan.

*Ex officio members

STANDING COMMITTEE ON NATIONAL FINANCE

The Honourable Senators Bolduc, Cools, Ferretti Barth, Eyton, Forest, *Graham (or Carstairs), Lavoie-Roux, *Lynch-Staunton (or Kinsella (acting)), Mercier, Moore, Poulin, St. Germain, Sparrow and Stratton.

*Ex officio members

STANDING COMMITTEE ON TRANSPORT AND COMMUNICATIONS

The Honourable Senators Adams, Atkins, Bacon, Buchanan, De Bané, Forrestall, *Graham (or Carstairs), Johnson, *Lynch-Staunton (or Kinsella (acting)), Mercier, Perrault, Poulin, Roberge and Rompkey.

*Ex officio members

STANDING COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS

The Honourable Senators Beaudoin, Cogger, Doyle, Gigantès, *Graham (or Carstairs), Jessiman, Losier-Cool, Lewis, *Lynch-Staunton (or Kinsella (acting)), Milne, Moore, Nolin, Pearson and Watt.

*Ex officio members

STANDING COMMITTEE ON BANKING, TRADE AND COMMERCE

The Honourable Senators Angus, Austin, Callbeck, *Graham (or Carstairs), Hervieux-Payette, Kelleher, Kirby, Kolber, *Lynch-Staunton (or Kinsella (acting)), Meighen, Oliver, Stanbury, Stewart and Tkachuk.

*Ex officio members

STANDING COMMITTEE ON SOCIAL AFFAIRS, SCIENCE AND TECHNOLOGY

The Honourable Senators Bonnell, Bosa, Cohen, Cools, Forest, *Graham (or Carstairs), Haidasz, Lavoie-Roux, LeBreton, *Lynch-Staunton (or Kinsella (acting)), Maheu, Murray, Pépin and Phillips.

*Ex officio members

STANDING COMMITTEE ON AGRICULTURE AND FORESTRY

The Honourable Senators Bryden, Callbeck, *Graham (or Carstairs), Gustafson, Hays, *Lynch-Staunton (or Kinsella (acting)), Rivest, Robichaud (Saint-Louis-de-Kent), Rossiter, Sparrow, Spivak, Stratton, Taylor and Whelan.

*Ex officio members

STANDING COMMITTEE ON FISHERIES

The Honourable Senators Adams, Butts, Carney, Comeau, *Graham (or Carstairs), Jessiman, Losier-Cool, *Lynch-Staunton (or Kinsella (acting)), Meighen, Perrault, Petten, Robichaud (Saint-Louis-de-Kent), Rossiter and Stewart.

*Ex officio members

STANDING COMMITTEE ON ENERGY, THE ENVIRONMENT AND NATURAL RESOURCES

The Honourable Senators Buchanan, Butts, Cochrane, Ghitter, *Graham (or Carstairs), Gustafson, Hays, Kirby, *Lynch-Staunton (or Kinsella (acting)), Spivak, Stanbury, Rompkey, Taylor and Watt.

*Ex officio members

STANDING COMMITTEE ON ABORIGINAL PEOPLES

The Honourable Senators Adams, Andreychuk, Austin, Beaudoin, Doody, Forest, *Graham (or Carstairs), Johnson, *Lynch-Staunton (or Kinsella (acting)), Marchand, Pearson, Taylor, Twinn and Watt.

*Ex officio members

Respectfully submitted,

JACQUES HÉBERT

Chairman

The Honourable Senator Hébert moved, seconded by the Honourable Senator Mercier, that the Report be placed on the Orders of the Day for consideration at the next sitting.

The question being put on the motion, it was adopted.

First Reading of Commons Public Bills

A Message was brought from the House of Commons with a Bill C-220, An Act to amend the Criminal Code and the Copyright Act (profit from authorship respecting a crime), to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Lewis moved, seconded by the Honourable Senator Stewart, that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, October 7, 1997.

The Question being put on the motion, it was adopted.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Second reading of Bill S-2, An Act to amend the Canadian Transportation Accident Investigation and Safety Board Act and to make a consequential amendment to another Act.

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Haidasz, P.C., that the Bill be read the second time.

After debate,

The Honourable Senator Forrestall moved, seconded by the Honourable Senator Beaudoin, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Second reading of Bill S-3, An Act to amend the Pension Benefits Standards Act, 1985 and the Office of the Superintendent of Financial Institutions Act.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Milne, that the Bill be read the second time.

After debate,

The Honourable Senator Kinsella moved, seconded by the Honourable Senator Beaudoin, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Motions

Resuming debate on the motion of the Honourable Senator Forest, seconded by the Honourable Senator Mercier:

That the following Address be presented to His Excellency the Governor General of Canada:

To His Excellency the Right Honourable Roméo A. LeBlanc, a Member of the Queen's Privy Council for Canada, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

After debate,

The Honourable Senator Graham moved, seconded by the Honourable Senator Carstairs, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool:

That the proceedings on the Order of the Day for resuming the debate on the motion for an Address in reply to His Excellency the Governor General's Speech from the Throne addressed to both Houses of Parliament be concluded on the eighth sitting day on which the order is debated.

The question being put on the motion, it was adopted.

MOTIONS

The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Berntson:

That a special committee of the Senate be appointed to examine and report on the manner in which the chain of command of the Canadian Forces both in-theatre and at National Defence Headquarters, responded to the operational, disciplinary, decision-making and administrative problems encountered during the Somalia deployment to the extent that these matters have not been examined by the Commission of Inquiry into the Deployment of Canadian Forces to Somalia;

That the Committee in examining these issues may call witnesses from whom it believes it may obtain evidence relevant to these matters including but not limited to:

1. former Ministers of National Defence;

2. the then Deputy Minister of National Defence;

3. the then Acting Chief of Staff of the Minister of National Defence;

4. the then special advisor to the Minister of National Defence (M. Campbell);

5. the then special advisor to the Minister of National Defence (J. Dixon);

6. the persons occupying the position of Judge Advocate General during the relevant period;

7. the then Deputy Judge Advocate General (litigation); and

8. the then Chief of Defence Staff and Deputy Chief of Defence Staff.

That seven Senators, nominated by the Committee of Selection act as members of the Special Committee, and that three members constitute a quorum;

That the Committee have power to send for persons, papers and records, to examine witnesses under oath, to report from time to time and to print such papers and evidence from day to day as may be ordered by the Committee;

That the Committee have power to authorize television and radio broadcasting, as it deems appropriate, of any or all of its proceedings;

That the Committee have the power to engage the services of such counsel and other professional, technical, clerical and other personnel as may be necessary for the purposes of its examination;

That the political parties represented o the Special Committee be granted allocations for expert assistance with the work of the Committee;

That it be empowered to adjourn from place to place within and outside Canada;

That the Committee have the power to sit during sittings and adjournments of the Senate;

That the Committee submit its report not later than one year from the date of it being constituted, provided that if the Senate is not sitting, the report will be deemed submitted on the day such report is deposited with the Clerk of the Senate; and

That the special Committee include in its report, its findings and recommendations regarding the structure, functioning and operational effectiveness of National Defence Headquarters, the relationship between the military and civilian components of NDHQ, and the relationship among the Deputy Minister of Defence, the Chief of Defence Staff and the Minister of National Defence.

After debate,

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

With leave,

The Senate reverted to Government Notices of Motions.

With leave of the Senate,

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):

That when the Senate adjourns today, it do stand adjourned until Tuesday next, October 7, 1997, at 2:00 p.m.

The question being put on the motion, it was adopted.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report on the Canada Business Corporations Act for the year 1997, pursuant to the Canada Business Corporations Act, R.S.C. 1994, c. 24, sbs. 33(1).-Sessional Paper No. 1/36-69.

Reports of the Public Service Staff Relations Board, required by the Access to Information Act, and the Privacy Act for the period ended March 31, 1997, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, s. 72(2).-Sessional Paper No. 1/36-70.

Reports of the Royal Canadian Mint, required by the Access to Information Act, and the Privacy Act for the period ended March 31, 1997, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, s. 72(2).-Sessional Paper No. 1/36-71.

Report of the Canada Lands Company Limited for the fiscal year ended March 31, 1997, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional Paper No. 1/36-72.

Report of the Old Port of Montreal Corporation Inc, together with the Auditor General's report, for the fiscal year ended March 31, 1997, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).-Sessional Paper No. 1/36-73.

Report of Canada Post Corporation for the fiscal year ended March 31, 1997, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).-Sessional Paper No. 1/36-74.

Summaries of the Corporate Plan for 1997-1998 to 2001-2002 and of the Operating and Capital Budgets for 1997-1998 of the Canada Lands Company Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). -Sessional Paper No. 1/36-75.

Reports of the Department of Industry, required by the Access to Information Act, and the Privacy Act for the period ended March 31, 1997, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, s. 72(2).-Sessional Paper No. 1/36-76.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Mercier:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.