45 Elizabeth II, A.D. 1996, Canada

Journals of the Senate

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Issue 9

Tuesday, April 23, 1996
2:00 p.m.

The Honourable Gerald R. Ottenheimer, Speaker pro tempore

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The Members convened were:

The Honourable Senators

Adams Anderson Andreychuk Angus Atkins Austin Bacon Balfour Beaudoin Berntson Bolduc Bonnell Bosa Bryden Buchanan Carstairs Cochrane Cogger Cohen Comeau Cools Corbin Davey DeWare Di Nino Doyle Fairbairn Grafstein Graham Grimard Gustafson Hays Hébert Hervieux-Payette Jessiman Kelleher Kelly Kenny Keon Kinsella Kirby Kolber Landry Lavoie-Roux Lawson LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Marchand Meighen Milne Nolin Oliver Ottenheimer Pearson Phillips Poulin Prud'homme Riel Rizzuto Roberge Robertson Robichaud Rompkey Rossiter Roux St. Germain Simard Sparrow Spivak Stanbury Stewart Stollery Stratton Taylor Tkachuk Twinn Wood

The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Ottenheimer, Speaker pro tempore, took the Chair, pursuant to Rule 11.

PRAYERS.

SENATORS' STATEMENTS

Tribute was paid to the memory of the Honourable Jean Le Moyne, former Senator, whose death occurred on April 1, 1996.

Some Honourable Senators made statements.

Pursuant to Rule 43(7), the Honourable Senator Cools gave notice that she would raise a question of privilege in respect of a contempt of and a breach of Parliamentary Privilege by offensive words contained in certain correspondence written to Members of Parliament by a federal inmate currently serving multiple life sentences at the Saskatchewan Penitentiary.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Bacon tabled the following (Sessional Paper No. 2/35-100S):

April 23, 1996

The Standing Senate Committee on Transport and Communications has the honour to present its

FIRST REPORT

Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104 of the Rules, that the expenses incurred by the Committee during the First Session of the Thirty-fifth Parliament are as follows:

1. With respect to its examination and consideration of legislation:

Hospitality	$1,308.71
Miscellaneous	$83.65
Total	$1,392.36

2. With respect to its examination of the report of the National Transportation Act Review Commission, entitled Competition in Transportation, Policy and Legislation in Review:

Hospitality	$260.40
Miscellaneous	$313.90
Total	$574.30

3. With respect to its special study on Canada's International competitive position in telecommunications:

Committee Travel	$38,395.70
Contract Consulting	$4,500.00
Hospitality	$1,086.90
Miscellaneous	$968.56
Total	$44,951.16

An additional expenditure related to the work of your Committee, but paid from the budget of the Committees and Private Legislation Directorate, was incurred for witness expenses. This amount totalled $1,888.23

During the session your Committee held 43 meetings, considered 8 Orders of Reference and submitted 11 reports in relation to its work.

Your Committee examined 3 bills, including:

Bill C-38, An Act to provide for the security of marine transportation;

Bill C-81, An Act to amend An Act respecting the Buffalo and Fort Erie Public Bridge Company;

Bill C-89, CN Commercialization Act.

Your Committee also reviewed the Government's proposed Orders to the CRTC with respect to Direct-to-Home Satellite Distribution Undertakings in accordance with section 8(2) of the Broadcasting Act and carried out a special study on the Mandate and Funding of Radio Canada International.

Respectfully submitted,

Lise Bacon
Chair

The Honourable Senator DeWare tabled the following (Sessional Paper No. 2/35-101S):

Tuesday, April 23, 1996

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

FIRST REPORT

Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104, that the expenses incurred by the Committee during the First Session of the Thirty-fifth Parliament are as follows:

1. With respect to its examination and consideration of legislation:

Miscellaneous	$ 39.16
TOTAL	$ 39.16

2. With respect to a special study of the Subcommittee on Veterans Affairs to examine and report upon the future direction of the Department of Veterans Affairs:

Committee Travel	$ 9,125.11
Contract Consulting	16,723.77
Hospitality	758.70
TOTAL	$ 26,607.58

3. The following expenses incurred by the Committee were charged to the budget of the Committees and Private Legislation Directorate:

Witness Expenses:

Main Committee	$ 13,072.54
Subcommittee on Veterans Affairs	18,127.45
TOTAL	$ 31,199.99

Your Committee heard from 101 witnesses, held 38 meetings and issued 13 reports in the last session, during which it reviewed eight Bills (C-216, C-30, C-31, C-44, C-53, C-54, C-64 and S-14).

Your Committee also created a Subcommittee on Veterans Affairs to examine and report upon the future direction of the Department of Veterans Affairs, to review Bill C-67 and to review the Report of the Special Commission on the Restructuring of the Reserves, hearing from a total of 92 witnesses over 27 meetings.

Among the reports issued by the main Committee on these matters was Keeping Faith: Into the Future, the latest of a series of reports which began in 1981.

The report dealt with the issues of commemoration, Post-Traumatic Stress Syndrome among veterans, the Gulf War Syndrome, the continued denial of the status and benefits of uniformed veterans to civilian veterans, the treatment of spouses after the death of the veteran, and the continued existence of anomalies in veterans' legislation. These and other issues that may emerge in the future constitute the "unfinished business" of Veterans Affairs Canada.

Respectfully submitted,

Mabel M. DeWare
Chairman

The Honourable Senator Carstairs, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Third Report (Bill S-2, An Act to amend the Canadian Human Rights Act (sexual orientation)) without amendment.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Kinsella, that the Bill be placed on the Orders of the Day for a third reading at the next sitting.

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

The Honourable Senator Lewis presented the following:

Tuesday, April 23, 1996.

The Standing Joint Committee for the Scrutiny of Regulations has the honour to present its

FIRST REPORT

Your Committee reports that in relation to its permanent reference, section 19 of the Statutory Instruments Act, R.S.C. 1985, c. S-22, the Committee was previously empowered "to study the means by which Parliament can better oversee the government regulatory process and in particular to enquire into and report upon:

1. the appropriate principles and practices to be observed

(a) in the drafting of powers enabling delegates of Parliament to make subordinate laws;

(b) in the enactment of statutory instruments;

(c) in the use of executive regulation - including delegated powers and subordinate laws;

and the manner in which Parliamentary control should be effected in respect of the same;

2. the role, functions and powers of the Standing Joint Committee for the Scrutiny of Regulations."

Your Committee recommends that the same order of reference together with the evidence adduced thereon during the last five Parliaments be again referred to it.

Your Committee informs both Houses of Parliament that the criteria it will use for the review and scrutiny of statutory instruments are the following:

Whether any Regulation or other statutory instrument within its terms of reference, in the judgement of the Committee:

1. is not authorized by the terms of the enabling legislation or has not complied with any condition set forth in the legislation;

2. is not in conformity with the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights;

3. purports to have retroactive effect without express authority having been provided for in the enabling legislation;

4. imposes a charge on the public revenues or requires payment to be made to the Crown or to any other authority, or prescribes the amount of any such charge or payment, without express authority having been provided for in the enabling legislation;

5. imposes a fine, imprisonment or other penalty without express authority having been provided for in the enabling legislation;

6. tends directly or indirectly to exclude the jurisdiction of the courts without express authority having been provided for in the enabling legislation;

7. has not complied with the Statutory Instruments Act with respect to transmission, registration or publication;

8. appears for any reason to infringe the rule of law;

9. trespasses unduly on rights and liberties;

10. makes the rights and liberties of the person unduly dependent on administrative discretion or is not consistent with the rules of natural justice;

11. makes some unusual or unexpected use of the powers conferred by the enabling legislation;

12. amounts to the exercise of a substantive legislative power properly the subject of direct parliamentary enactment;

13. is defective in its drafting or for any other reason requires elucidation as to its form or purport.

Your Committee recommends that its quorum be fixed at four (4) members, provided that both Houses are represented whenever a vote, resolution or other decision is taken, and that the Joint Chairmen be authorized to hold meetings to receive evidence and authorize the printing thereof so long as three (3) members are present, provided that both Houses are represented; and, that the Committee have power to engage the services of such expert staff, and such stenographic and clerical staff as may be required.

Your Committee further recommends to the Senate that it be empowered to sit during sittings and adjournments of the Senate.

Your Committee, which was also authorized by the Senate to incur expenses in connection with its permanent reference relating to the review and scrutiny of statutory instruments, reports, pursuant to Rule 104 of the Rules of the Senate, that the expenses of the Committee (Senate portion) during the First Session of the Thirty-Fifth Parliament were as follows:

Committee Travel	$ 242.76
Contract Consulting	117,372.84
Temporary Help	72,442.94
Hospitality	778.45
Miscellaneous	45,704.54
Total	$ 236,541.53

A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 1, Second Session, Thirty-fifth Parliament) is tabled in the House of Commons.

Respectfully submitted,

P. Derek Lewis
Joint Chairman

The Honourable Senator Marchand, P.C., tabled the following (Sessional Paper No. 2/35-102S):

Tuesday, April 23, 1996

The Standing Senate Committee on Aboriginal peoples has the honour to present its

FIRST REPORT

Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104 of the Rules, that the expenses incurred by the Committee during the First Session of the Thirty-fifth Parliament are as follows:

With respect to its examination and consideration of legislation and a special study of treatment of Aboriginal Veterans:

Committee Travel	$ 26,548.95
Contract Consulting	10,810.29
Advertising	532.80
Temporary Help	1,427.10
Hospitality	1,386.12
Miscellaneous	778.61
TOTAL	$ 41,483.87

An additional expenditure related to the work of your Committee, but paid from the budget of the Committees and Private Legislation Directorate, was incurred for witness ex penses. This amount totalled $57,497.64.

During the session, your Committee held 31 meetings, considered 9 Orders of Reference and submitted 10 reports.

Your Committee examined 7 bills including Bill C-16, Sahtu Dene and Métis Land Claim Settlement Act; C-33, Yukon First Nations Self-Government Act; C-34, An Act respecting self- government for first nations in the Yukon Territory; C-36, Split Lake Cree First Nation Flooded Land Act; C-55, Yukon Surface Rights Board Act; C-60, An Act respecting an agreement between Her Majesty in right of Canada and the Pictou landing Indian Band; and C-107, An Act respecting the establishment of the British Columbia Treaty Commission.

The Committee was also referred the Subject-matter of Bill S-10, An Act providing for self-government by the first nations of Canada.

Respectfully submitted,

Len Marchand
Chair

Government Notices of Motions

With leave of the Senate,

The Honourable Senator Graham moved, seconded by the Honourable Senator Stanbury:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, April 24, 1996, at 1:30 p.m.

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

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-13, An Act to provide for the establishment and operation of a program to enable certain persons to receive protection in relation to certain inquiries, investigations or prosecutions, to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Graham moved, seconded by the Honourable Senator Grafstein, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, April 25, 1996.

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

A Message was brought from the House of Commons with a Bill C-16, An Act to amend the Contraventions Act and to make consequential amendments to other Acts, to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Graham, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, April 25, 1996.

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

A Message was brought from the House of Commons with a Bill C-28, An Act respecting certain agreements concerning the redevelopment and operation of Terminals 1 and 2 at Lester B. Pearson International Airport, to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Graham moved, seconded by the Honourable Senator Roux, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, April 25, 1996.

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

Tabling of Reports From Inter-Parliamentary Delegations

The Honourable Senator Roux tabled the following:

Report of the Canadian Section of the Canada-France Inter-Parliamentary Association respecting its participation at the XXVIth Annual Meeting held in Paris and Strasbourg from January 20 to 28, 1996.-Sessional Paper No. 2/35-103.

Notices of Motions

With leave of the Senate,

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

That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit at 3:30 p.m. on Wednesday, April 24, 1996, even though the Senate may then be sitting and that Rule 95(4) be suspended in relation thereto.

After debate,

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

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Second reading of Bill C-9, An Act respecting the Law Commission of Canada.

The Honourable Senator Pearson moved, seconded by the Honourable Senator Corbin, 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 Pearson moved, seconded by the Honourable Senator Stewart, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

Motions

Resuming the debate on the motion of the Honourable Senator Bacon, seconded by the Honourable Senator Rompkey, P.C.:

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 Berntson moved, seconded by the Honourable Senator Kelly, 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

Second reading of Bill S-6, An Act to amend the Criminal Code (period of ineligibility for parole).

The Honourable Senator Cools moved, seconded by the Honourable Senator St. Germain, P.C., that the Bill be read the second time.

After debate,

The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Berntson, that further debate on the motion be adjourned until the next sitting.

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

Orders No. 2 and 3 were called and postponed until the next sitting.

Reports of Committees

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

Other

Orders No. 1, 3 and 2 (inquiries) were called and postponed until the next sitting.

QUESTION OF PRIVILEGE

Pursuant to Rule 43(8), the Senate proceeded to the consideration of Senator Cools' question of privilege in respect of a contempt of and a breach of Parliamentary Privilege by offensive words contained in certain correspondence written to Members of Parliament by a federal inmate currently serving multiple life sentences at the Saskatchewan Penitentiary.

After debate,

The Speaker reserved his decision.

INQUIRIES

The Honourable Senator Kelly called the attention of the Senate to the altercation between the Prime Minister and a demonstrator at Jacques-Cartier Park on February 15, 1996.

Debate concluded.

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

Summary of the Corporate Plan for 1996-2000 and the 1996 Operating and Capital Budgets of the Atlantic Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional Paper No. 2/35-77.

Summary of the Corporate Plan for 1996-2000 and the 1996 Operating and Capital Budgets of the Great Lakes Pilotage Authority Ltd., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional Paper No. 2/35-78.

Summary of the Corporate Plan for 1996-2000 and the 1996 Operating and Capital Budgets of the Pacific Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional Paper No. 2/35-79.

Report of the Enterprise Cape Breton Corporation, including its accounts and financial statements certified by the Auditor General, for the fiscal year ended March 31, 1995, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 150(1).-Sessional Paper No. 2/35-80.

Report on the operations of the Small Businesses Loans Act for the fiscal year ended March 31, 1995, pursuant to the Act, R.S.C. 1985, c. S-11, s. 11.-Sessional Paper No. 2/35-81.

Report of the Canada Development Investment Corporation including Canada Hibernia Holding Corporation and Theratronics International Limited and their financial statements certified by the Auditor General for the year ended December 31, 1995, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 150(1).-Sessional Paper No. 2/35-82.

Report on the Administration of the Members of Parliament Retiring Allowance Act, for the fiscal year ended March 31, 1995, pursuant to the Act, R.S.C. 1985, c. M-5, s. 41.-Sessional Paper No. 2/35-83.

Annual Report of the Implementation committee on the Implementation of the Gwich'in Comprehensive Land Claim Agreement, dated December 22, 1992 to March 31, 1994.-Sessional Paper No. 2/35-84.

Report of the Public Service Staff Relations Board, for the period April 1, 1994 to March 31, 1995, pursuant to the Parliamentary Employment and Staff Relations Act, R.S.C. 1985 (2nd Supp.), c. 33, s. 84.-Sessional Paper No. 2/35-85.

Annual Report of the Public Service Staff Relations Board for the fiscal year ended March 31, 1995, pursuant to the Public Service Staff Relations Act, R.S.C. 1985, c. P-35, sbs. 114(2).-Sessional Paper No. 2/35-86.

Summary of the Corporate Plan for 1996-97, including the Operating Budget and Capital Budget of Defence Construction (1951) Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional Paper No. 2/35-87.

Summary of the Corporate Plan and the Operating and Capital Budgets for 1995-96 of the Cape Breton Development Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 2/35-88.

Summaries of the Corporate Plan for 1996 to 2000 and the Operating and Capital Budgets for 1996 of VIA Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional Paper No. 2/35-89.

Report of the National Energy Board for the year ended December 31, 1995, pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7, s. 133.-Sessional Paper No. 2/5-90.

Report under the Corporation and Labour Unions Returns Act (Part 1, Corporations), for the year 1994, pursuant to the Act, R.S.C. 1985, c. C-43, s. 22(1).-Sessional Paper No. 2/35-91.

Summaries of the Corporate Plan for 1996-2000, including the 1996 Operating and Capital Budgets of the Export Development Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional Paper No. 2/35-92.

Copy of Order in Council P.C. 1996-305, dated March 12, 1996, concerning the Agreement on Social Security between Canada and Spain, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, s. 42 (1).-Sessional Paper No. 2/35-93.

Copy of Order in Council P.C. 1996-306, dated March 12, 1996, concerning the Agreement on Social Security between Canada and the Hellenic Republic, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, s. 42 (1).-Sessional Paper No. 2/35-94.

Report on Federal and Provincial Support to Post-Secondary Education in Canada for the fiscal year ended March 31, 1995, pursuant to the Federal-Provincial Arrangements and Federal Post-Secondary Education and Health Contributions Act, R.S.C. 1985, c. F-8, s. 21(1).-Sessional Paper No. 2/35-95.

Report on the administration of the Income Security Programs-Old Age Security, Child Tax Benefit, Children's Special Allowances and Canada Pension Plan for the fiscal year ended March 31, 1995, pursuant to the Family Allowances Act, R.S.C. 1985, c. F-1, s. 23; to the Old Age Security Act, R.S.C. 1985, c. O-9, s. 47; and to the Canada Pension Plan Act, R.S.C. 1985, c. C-8, s. 117.-Sessional Paper No. 2/35-96.

Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Louben Sportswear Inc. regarding dyed woven fabrics", dated March 21, 1996, pursuant to the Canada-United States Free Trade Agreement Implementation Act, 1988, c. 65, sbs. 21(2).-Sessional Paper No. 2/35-97.

Report on the Administration of the Canada Assistance Plan for the fiscal year ended March 31, 1994, pursuant to the Canada Assistance Plan, R.S.C. 1985, c. C-1, s. 18.-Sessional Paper No. 2/35-98.

Report on the administration of the Vocational Rehabilitation of Disabled Persons Act for the fiscal year ended March 31, 1994, pursuant to the Act, R.S.C. 1985, c. V-3, s. 8.-Sessional Paper No. 2/35-99.

ADJOURNMENT

The Honourable Senator Graham moved, seconded by the Honourable Senator Lewis:

That the Senate do now adjourn.

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

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

Standing Senate Committee on Fisheries

The name of the Honourable Senator Adams substituted for that of the Honourable Senator Marchand (April 17).

Standing Joint Committee for the Scrutiny of Regulations

The names of the Honourable Senators Losier-Cool, Simard and Berntson substituted for those of the Honourable Senators Anderson, Grimard and Cogger (April 17).

The names of the Honourable Senators Grimard and Berntson substituted for those of the Honourable Senators Simard and Cogger (April 18).

The name of the Honourable Senator Cogger substituted for that of the Honourable Senator Berntson (April 19).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Ghitter (April 17).

The name of the Honourable Senator Roux substituted for that of the Honourable Senator Losier-Cool (April 18).

Standing Committee on Internal Economy, Budgets and Administration

The name of the Honourable Senator Petten substituted for that of the Honourable Senator Roux (April 18).

Standing Senate Committee on National Finance

The name of the Honourable Senator Pearson substituted for that of the Honourable Senator Bryden (April 22).

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