Journals of the Senate
45 Elizabeth II, A.D. 1996, Canada
Journals of the Senate
Issue 13
Wednesday, May 1st, 1996
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Angus Atkins Bacon Beaudoin Berntson Bolduc Bonnell Bryden
Buchanan Carney Carstairs Cochrane Cogger Cohen Comeau Cools Corbin De Bané
DeWare Di Nino Doyle Fairbairn Ghitter Gigantès Grafstein Graham Grimard
Gustafson Hays Hébert Jessiman Kelleher Kelly Kinsella Kirby Landry Lavoie-Roux
Lewis Losier-Cool
Lynch-Staunton MacDonald (Halifax) MacEachen Maheu Marchand Meighen Milne
Molgat Murray Nolin Oliver Ottenheimer Pearson Perrault Phillips Poulin
Prud'homme Riel Rivest Rizzuto Roberge Robertson Robichaud Rompkey Rossiter Roux
Simard Sparrow Spivak Stanbury Stewart Stollery Stratton Taylor Tkachuk Watt
PRAYERS.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kirby, Chairman of the Standing Senate Committee on Banking, Trade and Commerce, presented its Third Report (Bill C-15, An Act to amend, enact and repeal certain laws relating to financial institutions) without amendment.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Maheu, 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 DeWare, Chairman of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Second Report (Bill C-3, An Act to amend the Canada Labour Code (nuclear undertakings) and to make a related amendment to another Act) without amendment.
The Honourable Senator Graham moved, seconded by the Honourable Senator Adams, 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.
Presentation of Petitions
The Honourable Senator Kelleher, P.C., presented a petition:
From The Corporation of the City of North Bay ("City of North Bay"), in the Province of Ontario; praying for the passage of an Act to dissolve the Nipissing and James Bay Railway Company.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Graham tabled the following:
Reply to Question No. 10, dated March 19, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Human Resources Development.- Sessional Paper No. 2/35-123S.
Reply to Question No. 19, dated March 19, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Labour.-Sessional Paper No. 2/35-124S.
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With leave,
The Senate reverted to SENATORS' STATEMENTS.
Some Honourable Senators made statements.
SPEAKER'S RULING
On Tuesday, April 23, 1996 Senator Cools rose on a question of privilege to ask the Chair to determine whether a prima facie case could be found respecting the correspondence to several members of Parliament by Clifford R. Olson, a convicted murderer who has been in prison for the past fifteen years.
In explaining the matter, Senator Cools cited a letter written by Mr. Olson and sent to Mr. John Nunziata, a member of the other place. Similar letters, according to Senator Cools, were sent to two other members of the House of Commons. These letters object to possible legislative action to repeal a specific provision of the Criminal Code, section 745, relating to the judicial review of life terms once 15 years of a prison sentence has been served. An account of these letters was printed in the Toronto Sun, Friday, April 12. The Senator also placed on the record a letter that she herself had received from Mr. Olson on another matter last October.
In the opinion of Senator Cools, these letters contain offensive language and were sent to parliamentarians with the purpose of seeking to intimidate them. Citing the British parliamentary authority Erskine May, Senator Cools maintained that such letters constitute a contempt of Parliament. Characterizing Mr. Olson's vexatious letters as obscene, an offence to Parliament and an abuse of its members, Senator Cools claimed that "It is time, that Parliament intervene by invoking its punitive powers to deal with his offensiveness, once and for all."
After Senator Cools had presented her arguments, Senator St. Germain made a brief statement about Mr. Olson.
I have reviewed the matter and consulted the authorities including Erskine May and Beauchesne and I must find that a prima facie case has not been made. Let me explain how I reached my conclusion. First of all, I note that the matter complained of relates to a letter written to members of the other House and I am not quite certain how to deal with this aspect of the issue. Be that as it may, the contempt alleged by Senator Cools as acknowledged in her reference to Erskine May must involve publicly stated or printed reflections upon the proceedings of Parliament or its members. These publicly made reflections are treated as contempts because they tend to obstruct Parliament in the performance of its functions.
No persuasive argument, however, has been made to suggest how Parliament or its members have been obstructed by these private letters sent through the mail from Mr. Olson to individual parliamentarians. This is not to suggest that the letters of Mr. Olson are not offensive, but they do not appear to be intimidations that might properly constitute a contempt of Parliament.
In connection with this assessment, I refer Honourable Senators to citation 69 of Beauchesne 6th edition found at page 20 which quotes a recent decision of Mr. Speaker Fraser:
"It is very important ... to indicate that something can be inflammatory, can be disagreeable, can be offensive, but it may not be a question of privilege unless the comment actually impinges upon the ability of Members of Parliament to do their job properly."
Reading the article that was printed in the Toronto Sun, last April 12, I find that the journalist's description of the letter as a sneer or a boast written to taunt parliamentarians to be a fair characterization. While such correspondence is almost certainly unpleasant, insulting and aggravating, it is not clear to me how this language constitutes a possible contempt. Indeed, I share the same general view expressed in Odger's Australian Senate Practice (sixth edition, 1991, p. 1014) which I think applies in this case that "The dignity of the House may be best served by ignoring those reflections on Parliament or its members which ... do not really obstruct proceedings". Accordingly, I find that no prima facie case of privilege for contempt has been made.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
The Order to resume the debate on the motion of the Honourable Senator Bacon was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting in the name of the Honourable Senator Cools.
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.
Consideration of the First Report of the Standing Joint Committee for the Scrutiny of Regulations, presented in the Senate on April 23, 1996.
The Honourable Senator Lewis moved, seconded by the Honourable Senator Corbin, that the Report be adopted.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Other
Orders No. 5, 1, 3 and 2 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu:
That the Standing Senate Committee on Transport and Communications be authorized to examine and report upon Canada's international competitive position in communications generally, including a review of the economic, social and cultural importance of communications for Canada;
That the papers and evidence received and taken on the subject and the work accomplished during the First Session of the Thirty-fifth Parliament be referred to the Committee;
That the Committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings; and
That the Committee present its final report no later than December 31, 1997.
The question being put on the motion, it was adopted.
The Honourable Senator Graham for the Honourable Senator Kirby moved, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Banking, Trade and Commerce have power to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Atlantic Pilotage Authority, including its accounts and 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. 2/35-118.
Report of the Laurentian Pilotage Authority, including its accounts and 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. 2/35-119.
Report of the Great Lakes Pilotage Authority Ltd., including its accounts and 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. 2/35-120.
Report of the Pacific Pilotage Authority, including its accounts and 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. 2/35-121.
Report of the Canadian Wheat Board for the crop year ended July 31, 1995, including its accounts and financial statements certified by the auditors, pursuant to the Canadian Wheat Board Act, R.S.C. 1985, c. C-24, s. 9(2).-Sessional Paper No. 2/35-122.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Robichaud, P.C.:
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)
Committee of Selection
The names of the Honourable Senators Stanbury and Maheu substituted for those of the Honourable Senators Marchand and Poulin (April 30).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Spivak substituted for that of the Honourable Senator Oliver (April 30).
Standing Senate Committee on National Finance
The name of the Honourable Senator Lavoie-Roux substituted for that of the Honourable Senator Eyton (April 30).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Ghitter substituted for that of the Honourable Senator Kinsella (May 1).