Journals of the Senate
45 Elizabeth II, A.D. 1996, Canada
Journals of the Senate
Issue 28
Monday, June 10, 1996
8:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Andreychuk Atkins Austin Bacon Beaudoin Berntson Bolduc Bonnell Bosa Bryden Carstairs Cochrane Cogger Cohen Comeau Cools Corbin DeWare Doody Doyle Fairbairn Forest Forrestall Ghitter Gigantès Grafstein Graham Grimard Hays Hébert Kenny Kinsella Kirby Lawson LeBreton Losier-Cool Lucier Lynch-Staunton MacDonald (Halifax) MacEachen Milne Molgat Murray Oliver Ottenheimer Pearson Perrault Petten Phillips Poulin Prud'homme Rizzuto Robertson Robichaud Rompkey Rossiter Roux St. Germain Simard Spivak Stanbury Stewart Taylor
PRAYERS.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports From Standing or Special Committees
The Honourable Senator Carstairs, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Ninth Report (Bill C-28, An Act respecting certain agreements concerning the redevelopment and operation of Terminals 1 and 2 at Lester B. Pearson International Airport) with certain amendments and observations.
The Report was then read by one of the Clerks at the Table, as follows:
MONDAY, June 10, 1996
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
NINTH REPORT
Your Committee, to which was referred Bill C-28, An Act respecting certain agreements concerning the redevelopment and operation of Terminals 1 and 2 at Lester B. Pearson International Airport, has, in obedience to the Order of Reference of Thursday, May 30, 1996, examined the said Bill and now reports the same with the following amendments and observations:
1. Page 2, clause 3: strike out lines 1 to 3 and substitute the following:
"3. The agreements are hereby declared to have no legal effect after December 15, 1993."
2. Page 2, clause 4: strike out lines 7 and 8 and substitute the following:
"hereby declared to have no legal effect after December 15, 1993."
3. Page 2, clause 5: strike out line 19 and substitute the following:
"declared to have no legal effect after December 15, 1993."
4. Page 2, clause 7: strike out the heading before clause 7 on page 2 and lines 25 to 39 and substitute the following:
"LIABILITY
7. (1) In any action or proceeding that is based on or is in relation to
(a) the Request for Proposals,
(b) the negotiations that followed that Request,
(c) any agreement,
(d) any advice or services provided to Her Majesty in relation to any agreement, or
(e) any thing done by the Government of Canada in relation to the announcement of the cancellation of any agreement,
and that is instituted before or after the coming into force of this Act by anyone against Her Majesty in relation to any agreement, relief shall be granted only by way of an award of damages in accordance with section 8.
(2) In any action or proceeding that is instituted before or after the coming into force of this Act and that is based on or is in relation to any matter referred to in any of paragraphs 9(1)(a) to (e), no relief may be granted against any minister or any servant"
5. Page 3, clause 8: strike out lines 4 to 7 and substitute the following:
"8. (1) In any action or proceeding referred to in subsection 7(1), an award of damages may be made only in respect of claims that
(a) relate directly to Terminals 1 and 2 at Lester B. Pearson International Airport; and
(b) are recoverable by law against Her Majesty.
(2) In any action or proceeding referred to in subsection (1), no award of damages shall be made in respect of
(a) a loss of profit by a claimant or anyone else, or an amount based on the loss of future revenue the payment of which was contingent on the execution and continuation of an agreement;
(b) any fee paid for the purpose of lobbying a public office holder, within the meaning of subsection 2(1) of the Lobbyists Registration Act, in connection with any agreement;
(c) any investment in any company or partnership controlled by one or more partners of T1T2 Limited Partnership, or by the controlling entity of that partner or those partners, that resulted in a change of control of that company or partnership;
(d) any claim for loss of value of any share, partnership interest or investment; or
(e) non-compensatory, punitive, exemplary or aggravated damages."
6. Page 3, clause 9: Delete clause 9 and renumber the subsequent clauses accordingly.
7. Page 3, clause 10: Delete clause 10 and renumber the subsequent clauses accordingly.
OBSERVATIONS
The Progressive Conservative members of the Committee cannot support the Government amendments at this time. They feel that the amendments proposed by the Government are contrary to the principle of Bill C-28, and therefore, should have been the subject of a new bill introduced in the House of Commons. In addition, they feel that legislation which would have a direct impact on a trial should not even be considered, much less agreed to, while the trial is in progress. The Progressive Conservative members also deplore the fact that the Minister of Transport, who is the sponsor of Bill C-28, was unable to appear before the Committee and give testimony on the subject-matter of the bill.
Respectfully submitted,
SHARON CARSTAIRS
Chair
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Taylor, 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 Kenny presented the following:
THURSDAY, June 10, 1996
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SEVENTH REPORT
Your Committee has examined and approved the following budget presented to it by the Standing Senate Committee on Foreign Affairs for the proposed expenditures of the said Committee with respect to its special study on Canada-European Union Relations for the fiscal year ending March 31, 1997:
| Professional and Special Services | $ 7,700 |
| Witnesses Expenses | 1,600 |
| Courier Services | 500 |
| All Other Expenditures | 200 |
| Total | $10,800 |
Respectfully submitted,
COLIN KENNY
Chairman
The question being put on the motion, it was adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Graham tabled the following:
Reply to Question No. 2, dated March 19, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the new two dollar coin.-Sessional Paper No. 2/35-189S.
Reply to Question No. 7, dated March 19, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Intergovernmental Affairs.- Sessional Paper No. 2/35-190S.
Reply to Question No. 12, dated March 19, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of the Solicitor General.-Sessional Paper No. 2/35-191S.
Reply to Question No. 15, dated March 19, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Agriculture and Agri-Food.- Sessional Paper No. 2/35-192S.
Reply to Question No. 20, dated March 19, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Citizenship and Immigration.- Sessional Paper No. 2/35-193S.
Reply to Question No. 24, dated March 19, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Industry.-Sessional Paper No. 2/35-194S.
Reply to Question No. 26, dated March 19, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Public Works and Government Services.-Sessional Paper No. 2/35-195S.
Reply to Question No. 33, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Agriculture and Agri-Food.- Sessional Paper No. 2/35-196S.
Reply to Question No. 34, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Citizenship and Immigration.- Sessional Paper No. 2/35-197S.
Reply to Question No. 38, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Transport.-Sessional Paper No. 2/35-198S.
Reply to Question No. 39, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Fisheries and Oceans.-Sessional Paper No. 2/35-199S.
Reply to Question No. 40, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Intergovernmental Affairs.- Sessional Paper No. 2/35-200S.
Reply to Question No. 42, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Human Resources Development.- Sessional Paper No. 2/35-201S.
Reply to Question No. 44, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Natural Resources.-Sessional Paper No. 2/35-202S.
Reply to Question No. 45, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Labour.-Sessional Paper No. 2/35-203S.
Reply to Question No. 49, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of The Solicitor General.-Sessional Paper No. 2/35-204S.
Reply to Question No. 52, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Foreign Affairs.-Sessional Paper No. 2/35-205S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill C-20, An Act respecting the commercialization of civil air navigation services.
The Honourable Senator Perrault, P.C., moved, seconded by the Honourable Senator Adams, 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 Perrault, P.C., moved, seconded by the Honourable Senator Adams, that the Bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.
Motions
Resuming debate on the motion of the Honourable Senator Fairbairn, P.C., 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).
And on the motion in amendment of the Honourable Senator Doody, 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 Ottenheimer moved, seconded by the Honourable Senator Cochrane, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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.
Private Bills
Second reading of Bill S-8, An Act respecting Queen's University at Kingston.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Beaudoin, 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 Murray, P.C., moved, seconded by the Honourable Senator Beaudoin, 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.
With leave of the Senate,
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Beaudoin:
That Rule 115 be suspended with respect to Bill S-8, An Act respecting Queen's University at Kingston.
After debate,
The question being put on the motion, it was adopted.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the Sixth Report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of committees) presented in the Senate on May 30, 1996.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Stewart, that the Report be adopted.
The question being put on the motion, it was adopted.
_____________________________
With leave,The Senate reverted to Tabling of Documents.
The Honourable Senator Fairbairn, P.C., tabled the following:
Press Release and correspondence from the Prime Minister to the Premiers, Territorial Government Leaders, and Aboriginal Leaders concerning the First Ministers Conference, June 20 and 21, 1996.-Sessional Paper No. 2/35-206S.
Other
Orders No. 5 (inquiry), 22 (motion), 7, 6, 3 and 2 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Bacon moved, seconded by the Honourable Senator Stanbury:
That the Standing Senate Committee on Transport and Communications have power to sit at 3:30 p.m. on Tuesdays and Wednesdays for the duration of its study on Bill C-20, An Act respecting the commercialization of civil air navigation services, 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.
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.
_____________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Nolin and Stanbury substituted for those of the Honourable Senators Kinsella and Lewis (June 7).
The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Grafstein (June 10).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Cohen substituted for that of the Honourable Senator Lavoie-Roux (June 10).