Journals of the Senate
45 Elizabeth II, A.D. 1996, Canada
Journals of the Senate
Issue 27
Thursday, June 6, 1996
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Anderson Andreychuk Angus Atkins Bacon Beaudoin Bolduc Bonnell Bosa Carstairs Cogger Cohen Comeau Cools Corbin Davey DeWare Di Nino Doody Doyle Fairbairn Forest Forrestall Gigantès Grafstein Grimard Gustafson Haidasz Hébert Hervieux-Payette Jessiman Kenny Keon Kinsella Kirby Landry LeBreton Lewis Losier-Cool Lynch-Staunton Macdonald (Cape Breton) MacDonald (Halifax) MacEachen Marchand Meighen Milne Molgat Murray Ottenheimer Pearson Petten Phillips Pitfield Poulin Prud'homme Riel Rivest Robichaud Rompkey Rossiter Roux Simard Stanbury Stewart Stratton Tkachuk Watt Wood
PRAYERS.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Notices of Motions
With leave of the Senate,The Honourable Senator DeWare moved, seconded by the Honourable Senator Bosa:
That the Standing Senate Committee on Social Affairs, Science and Technology have power to sit at 8:00 p.m. on Monday next, June 10, 1996, 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
Order No. 1 was called and postponed until the next sitting.
Motions
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Stanbury:
WHEREAS section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;
NOW THEREFORE the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.
SCHEDULE
AMENDMENT TO THE CONSTITUTION OF CANADA
I. Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule to the Newfoundland Act is repealed and the following substituted therefor:
"17. In lieu of section ninety-three of the Constitution Act 1867, the following shall apply in respect of the Province of Newfoundland:
In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education but
(a) except as provided in paragraphs (b) and (c), schools established, maintained and operated with public funds shall be denominational schools, and any class of persons having rights under this Term as it read on January 1, 1995 shall continue to have the right to provide for religious education, activities and observances for the children of that class in those schools, and the group of classes that formed one integrated school system by agreement in 1969 may exercise the same rights under this Term as a single class of persons;
(b) subject to provincial legislation that is uniformly applicable to all schools specifying conditions for the establishment or continued operation of schools,
(i) any class of persons referred to in paragraph (a) shall have the right to have a publicly funded denominational school established, maintained and operated especially for that class, and
(ii) the Legislature may approve the establishment, maintenance and operation of a publicly funded school, whether denominational or non-denominational;
(c) where a school is established, maintained and operated pursuant to subparagraph (b)(i), the class of persons referred to in that subparagraph shall continue to have the right to provide for religious education, activities and observances and to direct the teaching of aspects of curriculum affecting religious beliefs, student admission policy and the assignment and dismissal of teachers in that school;
(d) all schools referred to in paragraphs (a) and (b) shall receive their share of public funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature; and
(e) if the classes of persons having rights under this Term so desire, they shall have the right to elect in total not less than two thirds of the members of a school board, and any class so desiring shall have the right to elect the portion of that total that is proportionate to the population of that class in the area under the board's jurisdiction."
Citation
2. This Amendment may be cited as the Constitution Amendment, year of proclamation (Newfoundland Act).
After debate,
In amendment, the Honourable Senator Doody moved, seconded by the Honourable Senator Kinsella, that the motion be not now adopted but that it be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Murray, 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 Doody tabled the following:
Correspondence between the Honourable Senator Doody and the Ontario Separate School Trustees' Association, concerning the proposed amendment to the Constitution of Canada respecting Term 17 of the Terms of Union of Newfoundland with Canada (English text).-Sessional Paper No. 2/35-186S.
Letters to the Prime Minister of Canada from His Eminence Cardinal Carter, Archbishop emeritus of Toronto; the Archbishop of St. John's, Newfoundland; and the Archbishop of Kingston, President of the Canadian Conference of Catholic Bishops, concerning the proposed amendment to the Constitution of Canada respecting Term 17 of the Terms of Union of Newfoundland with Canada (English text).-Sessional Paper No. 2/35-187S.
_____________________________
With leave,
The Senate reverted to Reading of Petitions for Private Bills.
The Second Report of the Examiner of Petitions for Private Bills was tabled (Sessional Paper No. 2/35-188S) and reads as follows:-
THURSDAY, June 6, 1996
Pursuant to Rule 107(2), the Examiner of Petitions for Private Bills has the honour to present his
SECOND REPORT
Your Examiner has duly examined the following petition and finds that the requirements of the Rules of the Senate have been complied with in all material respects:-
Of Queen's University of the City of Kingston, in the Province of Ontario; praying for the passage of an Act respecting Queen's University at Kingston.
Respectfully submitted,
Gary W. O'Brien
Examiner of Petitions of Private Bills
The following petition was read and received:-
Of Queen's University of the City of Kingston, in the Province of Ontario; praying for the passage of an Act respecting Queen's University at Kingston.
Introduction and First Reading of Private Bills
The Honourable Senator Murray, P.C., presented a Bill S-8, An Act respecting Queen's University at Kingston.
The Bill was read the first time.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Kinsella, that the Bill be placed on the Orders of the Day for a second reading on Monday next, June 10, 1996.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 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 Second Report of the Standing Joint Committee for the Scrutiny of Regulations (amendment to the Canada Business Corporation Regulations) presented in the Senate on May 30, 1996.
The Honourable Senator Stanbury for the Honourable Senator Lewis moved, seconded by the Honourable Senator Hébert, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the First Report of Special Committee of the Senate on the Cape Breton Development Corporation (budget) presented in the Senate on May 30, 1996.
The Honourable Senator Stanbury for the Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Marchand, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Other
Order No. 22 (motion) was called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Bonnell, calling the attention of the Senate to the serious state of post-secondary education in Canada.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Berntson moved, seconded by the Honourable Senator Lynch- Staunton, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 7, 6, 3 and 2 (inquiries) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Cools called the attention of the Senate to the child abuse and neglect (CAN) death of 6-month old Sara Podniewicz, know as Sara Olson, at the hands of her parents, Lisa Olson and Michael Podniewicz, on April 24, 1994; and to her autopsy; and to the parent's conviction and sentence for second degree murder; and to their treatment of their other children; and to the actions of the Catholic Children's Aid Society, the Canadian Mothercraft Society and Corrections Canada in this case.
Debate concluded.
_____________________________
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Stanbury moved, seconded by the Honourable Senator Robichaud, P.C.:
That when the Senate adjourns today, it do stand adjourned until Monday next, June 10, 1996, at 8:00 p.m.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Stanbury for the Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Poulin:
That notwithstanding the Order of the Senate adopted on April 25, 1996, the Special Committee of the Senate on the Cape Breton Development Corporation be authorized to present its final report no later than June 18, 1996 and that the Committee retain all powers necessary to disseminate and publicize its final report until June 30, 1996.
The question being put on the motion, it was adopted.
The Honourable Senator Kinsella for the Honourable Senator Comeau moved, seconded by the Honourable Senator Ottenheimer:
That the Standing Senate Committee on Fisheries, have the 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-matter of bills, and other matters relating to fisheries generally, as are referred to it.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Stanbury 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.
_____________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Finance
The name of the Honourable Senator Forest substituted for that of the Honourable Senator Maheu (June 5).
The names of the Honourable Senators Petten, Stanbury and Hébert substituted for those of the Honourable Senators Hébert, Forest and De Bané (June 6).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Grafstein and Kinsella substituted for those of the Honourable Senators Bosa and Nolin (June 6).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Bonnell substituted for that of the Honourable Senator Petten (June 6).