49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament


Issue 42

Tuesday, April 4, 2000
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Cogger, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Finestone, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, Kolber, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Perrault, Perry (Poirier), Poulin (Charette), Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), St. Germain, Sibbeston, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Wilson

The Members in attendance to business were:

The Honourable Senators

*Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, *Christensen, *Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, *Eyton, Fairbairn, Finestone, *Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, *Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kenny, Keon, Kinsella, Kirby, Kolber, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, *Pépin, Perrault, Perry (Poirier), Poulin (Charette), Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), St. Germain, Sibbeston, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Wilson

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Nolin presented the following:

TUESDAY, April 4, 2000

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

SEVENTH REPORT

Notwithstanding, the Procedural Guidelines for the Financial Operations of Senate Committees, your Committee recommends that the following committee funds be released for fiscal year 2000-2001 as interim funding:
Aboriginal Peoples Committee Legislation     $ 3,167
Agriculture and Forestry Committee Special Study     $ 19,535
Banking Trade and Commerce Committee
Legislation     $ 55,080
Special Study     $ 80,564
Energy, the Environment and Natural Resources Committee
Legislation     $ 8,000
Special Study     $ 87,307
Fisheries Committee
Special Study     $ 54,283
Internal Economy, Budgets and Administration Committee     $ 3,333
Legal and Constitutional Affairs Committee
Legislation     $ 9,717
National Finance Committee     $ 5,667
Privileges, Standing Rules and Orders Committee     $ 3,333
Social Affairs, Science and Technology Committee Legislation     $ 4,500
Of Life and Death     $ 2,630
Special Study     $ 13,667
Transport and Communications Committee
Legislation     $ 17,133
Special Study     $ 60,050
Library of Parliament Committee (Joint) (Senate Share)     $ 833
Official Languages (Joint) (Senate Share)     $ 715
Respectfully submitted,

PIERRE CLAUDE NOLIN

Deputy Chair

The Honourable Senator Nolin moved, seconded by the Honourable Senator Angus, 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. The Honourable Senator Hervieux-Payette, P.C., Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, tabled its Second Report (Ontario Fishery Regulations, 1989). -Sessional Paper No. 2/36-313S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Gill, for the third reading of Bill C-9, An Act to give effect to the Nisga'a Final Agreement.

After debate, In amendment, the Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Andreychuk, that the Bill be not now read a third time, but that it be read a third time this day six months hence.

After debate, The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Perrault, P.C., that further debate on the motion in amendment be adjourned until the next sitting.

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

With leave of the Senate, The Honourable Senator Austin, P.C., tabled the following:

Letter from the Chief Federal Negotiator (Nisga'a), Indian and Northern Affairs Canada, dated February 25, 2000, concerning the Nisga'a Treaty (English text).-Sessional Paper No. 2/36-314S.

Resuming debate on the motion of the Honourable Senator Boudreau, P.C., seconded by the Honourable Senator Hays, for the second reading of Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference.

After debate, The Honourable Senator Hays moved, seconded by the Honourable Senator Corbin, 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 Notices of Motions.

With leave of the Senate, The Honourable Senator Hays moved, seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent):

That the Standing Senate Committee on Fisheries have power to sit at 6:00 p.m. today, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

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

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Furey, seconded by the Honourable Senator Fraser, for the second reading of Bill S-17, An Act respecting marine liability, and to validate certain by-laws and regulations.

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

The Bill was then read the second time.

The Honourable Senator Furey moved, seconded by the Honourable Senator Fraser, that the Bill be referred to the Standing Senate Committee on Transport and Communications.

The question being put on the motion, it was adopted. Resuming debate on the motion of the Honourable Senator Pearson, seconded by the Honourable Senator Finestone, P.C., for the second reading of Bill S-18, An Act to amend the National Defence Act (non-deployment of persons under the age of eighteen years to theatres of hostilities).

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

The Bill was then read the second time.

The Honourable Senator Hays moved, seconded by the Honourable Senator Moore, that the Bill be referred to the Standing Senate Committee on Foreign Affairs.

The question being put on the motion, it was adopted. Second reading of Bill C-13, An Act to establish the Canadian Institutes of Health Research, to repeal the Medical Research Council Act and to make consequential amendments to other Acts.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Callbeck, that the Bill be read the second time.

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

The Bill was then read the second time.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Callbeck, that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

The question being put on the motion, it was adopted. Second reading of Bill C-10, An Act to amend the Municipal Grants Act.

The Honourable Senator Moore moved, seconded by the Honourable Senator Kenny, that the Bill be read the second time.

After debate, The Honourable Senator Atkins for the Honourable Senator Grimard moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Cook, for the second reading of Bill S-19, An Act to amend the Canada Business Corporations Act and the Canada Cooperatives Act and to amend other Acts in consequence.

After debate, The Honourable Senator DeWare for the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Buchanan, P.C., that further debate on the motion be adjourned until the next sitting.

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

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 7 were called and postponed until the next sitting.

Commons Public Bills

Order No. 1 was called and postponed until the next sitting.

Reports of Committees

Orders No. 1 to 3 were called and postponed until the next sitting.

Other

Orders No. 19 and 17 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Atkins calling the attention of the Senate to the financing of post-secondary education in Canada and particularly that portion of the financing that is borne by students, with a view to developing policies that will address and alleviate the debt load which post-secondary students are being burdened with in Canada.

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

The question being put on the motion, it was adopted. Orders No. 5 (motion), 16, 13 (inquiries) and 7 (motion) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Wilson calling the attention of the Senate to religious freedom in China, in relation to the UN international covenants.

After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator DeWare, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 6 and 12 (inquiries) were called and postponed until the next sitting. Order No. 1 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper. Order No. 4 (motion) was called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Wilson called the attention of the Senate to the situation in the Sudan.

After debate, The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Atkins, that further debate on the inquiry 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 Hays moved, seconded by the Honourable Senator Kenny:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, April 5, 2000, at 1:30 p.m.;

That at 3:30 p.m. tomorrow, if the business of the Senate has not been completed, the Speaker shall interrupt the proceedings to adjourn the Senate;

That should a division be deferred until 5:30 p.m. tomorrow, the Speaker shall interrupt the proceedings at 3:30 p.m. to suspend the sitting until 5:30 p.m. for the taking of the deferred division; and

That all matters on the Orders of the Day and on the Notice Paper, which have not been reached, shall retain their position.

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

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

Reports on Plans and Priorities, 2000-2001 Estimates:

Agriculture and Agri-Food Canada Atlantic Canada Opportu nities Agency
Canada Economic Development for Quebec Regions
Atomic Energy Control Board
Canada Customs and Revenue Agency
Canada Industrial Relations Board
Canada Information Office
Canadian Artists and Producers Professional Relations Tribunal
Canadian Centre for Management Development
Canadian Centre for Occupational Health and Safety
Canadian Environmental Assessment Agency
Canadian Food Inspection Agency
Canadian Grain Commission
Canadian Heritage
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Canadian Intergovernmental Conference Secretariat
Canadian International Development Agency
Canadian International Trade Tribunal
Canadian Radio-television and Telecommunications Com mission
Canadian Space Agency
Canadian Transportation Agency
Citizenship and Immigration Canada
Civil Aviation Tribunal of Canada
Competition Tribunal
Copyright Board Canada
Correctional Service Canada
Department of Finance Canada
Department of Foreign Affairs and International Trade
Department of Justice Canada
Environment Canada
Fisheries and Oceans
Hazardous Materials Information Review Commission Ca nada
Health Canada
Human Resources Development Canada
Immigration and Refugee Board
Indian and Northern Affairs Canada and Canadian Polar Commission
Industry Canada
Law Commission of Canada
Medical Research Council of Canada
Millennium Bureau of Canada
NAFTA Secretariat, Canadian Section
National Archives of Canada
National Battlefields Commission
National Defence
National Energy Board
National Film Board
National Library of Canada
National Parole Board
National Research Council Canada
National Round Table on the Environment and the Economy
Natural Resources Canada
Natural Sciences and Engineering Research Council of Ca nada
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs
Office of the Commissioner of Official Languages
Office of the Correctional Investigator
Offices of the Information and Privacy Commissioners
Office of the Superintendent of Financial Institutions Canada
Parks Canada
Patented Medicine Prices Review Board Canada
Privy Council Office
Public Service Commission of Canada
Public Service Staff Relations Board
Public Works and Government Services Canada
RCMP External Review Committee
RCMP Public Complaints Commission
Registry of the Federal Court of Canada
Royal Canadian Mounted Police
Security Intelligence
Review Committee
Social Sciences and Humanities Research Council of Canada
Solicitor General Canada
Statistics Canada
Status of Women Canada
Supreme Court of Canada
Tax Court of Canada
The Leadership Network
Transport Canada
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Veterans Affairs Canada
Western Economic Diversification Canada.
-Sessional Paper No. 2/36-302.

Statutes of the Northwest Territories for the period of March 1999 to July 1999, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N-22, sbs. 21(1).-Sessional Paper No. 2/36-303.

Statutes of the Yukon for the period of April 1999 to December 1999, pursuant to the Yukon Act, R.S.C. 1985, c. Y-2, sbs. 22(1).-Sessional Paper No. 2/36-304.

Report on the administration of the Public Service Superannuation Act for the fiscal year ended March 31, 1999, pursuant to the Act, R.S.C. 1985, c. P-36, s. 46.-Sessional Paper No. 2/36-305.

Report of the Canadian Human Rights Tribunal for the year 1999, pursuant to the Canadian Human Rights Act, S.C. 1998, c. 9, sbs. 61(4).-Sessional Paper No. 2/36-306.

Report of the Clerk of the Privy Council and Secretary to Cabinet to the Prime Minister on the Public Service of Canada, pursuant to the Public Service Employment Act, R.S.C. 1985, c. P-33, sbs. 47(2).-Sessional Paper No. 2/36-307.

Report on operations under the European Bank for Reconstruction and Development Agreement Act for the year 1999, pursuant to the Act, S.C. 1993, c. 34, s. 66.-Sessional Paper No. 2/36-308.

Report on operations under the Bretton Woods and Related Agreements Act for the year 1999, pursuant to the Act to amend the Bretton Woods Agreements Act and to amend certain other Acts in consequence thereof, S.C. 1993, c. 34, s. 11.-Sessional Paper No. 2/36-309.

Report of the Judicial Compensation and Benefits Commission entitled "Bill C-23, An Act to modernize the Statutes of Canada in relation to benefits and obligations: Proposed Amendments to the Judges Act (Canada)", pursuant to the Judges Act, R.S.C. 1985, c. J-1, sbs. 26(2).-Sessional Paper No. 2/36-310.

Statutes of the Northwest Territories for September 10, 1999, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N022, sbs. 21(1).-Sessional Paper No. 2/36-311.

Statutes of Nunavut for November 3, 1999, pursuant to the Nunavut Act, R.S.C. 1999, c. N-28, sbs. 28(1).-Sessional Paper No. 2/36-312.

ADJOURNMENT

The Honourable Senator Hays moved, seconded by the Honourable Senator Finestone, P.C.:

That the Senate do now adjourn.

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

 ____________________________

Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Aboriginal Peoples

The names of the Honourable Senators Chalifoux and Watt substituted for those of the Honourable Senators Finestone and Rompkey (April 3).

Standing Senate Committee on Banking, Trade and Commerce

The names of the Honourable Senators Furey and Hervieux-Payette substituted for those of the Honourable Senators Taylor and Finnerty (April 3).

The name of the Honourable Senator Joyal removed from the membership (April 3).

Standing Joint Committee on Official Languages

The name of the Honourable Senator Meighen removed from the membership (April 3).

Standing Joint Committee for the Scrutiny of Regulations

The name of the Honourable Senator Perry (Poirier) removed from the membership (April 3).

The name of the Honourable Senator Rivest substituted for that of the Honourable Senator Andreychuk (April 4).

Standing Senate Committee on Social Affairs, Science and Technology

The names of the Honourable Senators Milne and Corbin substituted for those of the Honourable Senators Pépin and Callbeck (April 3).