45 Elizabeth II, A.D. 1996, Canada

Journals of the Senate

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Issue 44

Thursday, October 24, 1996
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams Anderson Andreychuk Angus Atkins Austin Beaudoin Berntson Bolduc Bonnell Bosa Bryden Carney Carstairs Cogger Cohen Comeau Cools Corbin De Bané DeWare Di Nino Doody Doyle Forrestall Ghitter Gigantès Graham Hays Hébert Hervieux-Payette Kelleher Kenny Keon Kinsella Kirby Landry Lavoie-Roux Lawson LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) Marchand Mercier Milne Molgat Moore Murray Nolin Oliver Ottenheimer Perrault Petten Prud'homme Rizzuto Robichaud Rompkey Rossiter Simard Spivak Stanbury Stewart Stratton Taylor Watt

PRAYERS.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Graham tabled the following:

Supplementary Estimates (A) for the fiscal year ending March 31, 1997.-Sessional Paper No. 2/35-469.

Government Notices of Motions

With leave of the Senate,

The Honourable Senator Graham moved, seconded by the Honourable Senator Perrault, P.C.:

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (A) for the fiscal year ending the 31st March, 1997.

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-5, An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act and the Income Tax Act, 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 Robichaud, P.C., that the Bill be placed on the Orders of the Day for a second reading on Monday next, October 28, 1996.

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 Bryden, seconded by the Honourable Senator Stollery, for the third reading of Bill C-42, An Act to amend the Judges Act and to make consequential amendments to another Act.

After debate,

In amendment, The Honourable Senator Nolin moved, seconded by the Honourable Senator Doody, that the Bill be not now read a third time but that it be amended:

(a) in clause 4 on page 3:

(i) by replacing line 13 with the following:

"approval of the Council.",

(ii) by replacing line 15 with the following:

"granted pursuant to subsection (1), the chief", and

(iii) by deleting lines 23 to 31; and

(b) in clause 5, by replacing lines 11 to 45 on page 4 and lines 1 to 35 on page 5 with the following:

"56.1 (1) A judge on leave of absence granted pursuant to subsection 54(1) may, with the approval of the Council granted pursuant to subsection (2), perform judicial or quasi-judicial duties for an international organization of states or an institution of such an organization and may receive in respect thereof reasonable moving or transportation expenses and reasonable travel and other expenses from the Government of Canada.

(2) Where a judge requests a leave of absence pursuant to subsection 54(1) to perform judicial or quasi-judicial duties for an international organization of states or an institution of such an organization, the Council may, at the request of the Minister of Justice of Canada, approve the undertaking of the duties."

The Honourable Senator Cools moved, seconded by the Honourable Senator Marchand, 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.

Order No. 2 was called and postponed until the next sitting.

Reports of Committees

Resuming the debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator De Bané, P.C., for the adoption of the Thirteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (amendment to the Constitution of Canada, Term 17 of the Terms of Union of Newfoundland with Canada), deposited with the Clerk of the Senate on July 17, 1996,

And on the motion in amendment of the Honourable Senator Doody, seconded by the Honourable Senator Kinsella, that the Report be not now adopted but that it be amended by deleting the words "without amendment, but with a dissenting opinion" and substituting therefor the following:

"with the following amendment:

Delete the words in paragraph (b) of Term 17 that precede subparagraph (i) and substitute therefor the words: "where numbers warrant,"".

After debate,

The Honourable Senator Graham for the Honourable Senator Pearson moved, seconded by the Honourable Senator Bosa, that further debate on the motion in amendment 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 5 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 6 were called and postponed until the next sitting.

Other

Orders No. 15, 13 and 16 (inquiries) were called and postponed until the next sitting.

Resuming the debate on the motion of the Honourable Senator Beaudoin, seconded by the Honourable Senator Lynch-Staunton:

That a special committee of the Senate be appointed to examine and report upon the issue of Canadian unity, specifically recognition of Quebec, the amending formula, and the federal spending power in areas of provincial jurisdiction;

That the committee be composed of twelve Senators, three of whom shall constitute a quorum;

That the committee have power to send for persons, papers and records, to examine witnesses, to report from time to time and to print such papers and evidence from day to day as may be ordered by the committee;

That the papers and evidence received and taken by the Special Committee of the Senate on Bill C-110, An Act respecting constitutional amendments, during the First Session of the Thirty-fifth Parliament be deemed to have been referred to the committee established pursuant to this motion;

That the committee have power to sit during sittings and adjournments of the Senate;

That the committee submit its final report no later than December 15, 1996; and

That, notwithstanding usual practices, if the Senate is not sitting when the final report of the committee is completed, the committee shall deposit its report with the Clerk of the Senate, and said report shall thereupon be deemed to have been tabled in this Chamber.

After debate,

The Honourable Senator Petten moved, seconded by the Honourable Senator Hébert, that further debate on the motion be adjourned until the next sitting.

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

Orders No. 7 and 6 (inquiries) were called and postponed until the next sitting.

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With leave,

The Senate reverted to Government Notices of Motions.

With leave of the Senate,

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

That when the Senate adjourns today, it do stand adjourned until Monday next, October 28, 1996, at 8:00 p.m.

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

ADJOURNMENT

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

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 Transport and Communications

The name of the Honourable Senator Rompkey substituted for that of the Honourable Senator Petten (October 23).

Standing Senate Committee on Social Affairs, Science and Technology

The names of the Honourable Senators Comeau, Forrestall, Simard, Forest, Gigantès, Cools and Haidasz substituted for those of the Honourable Senators Lavoie-Roux, Andreychuk, Phillips, Moore, Forest, Mercier and Landry (October 24).

Standing Senate Committee on Fisheries

The name of the Honourable Senator De Bané substituted for that of the Honourable Senator Mercier (October 24).

Standing Senate Committee on National Finance

The names of the Honourable Senators Landry, Forest and Landry substituted for those of the Honourable Senators Forest, Landry and Pearson (October 24).

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