45 Elizabeth II, A.D. 1996, Canada

Journals of the Senate

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Issue 47

Wednesday, October 30, 1996
1:30 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Anderson Andreychuk Atkins Austin Bacon Balfour Berntson Bonnell Bosa Carstairs Cogger Cohen Comeau Cools Corbin De Bané DeWare Di Nino Doody Doyle Fairbairn Forrestall Gigantès Grafstein Graham Grimard Haidasz Hébert Hervieux-Payette Jessiman Johnson Kelleher Kelly Keon Kinsella Landry Lawson LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Mercier Milne Molgat Moore Nolin Oliver Pearson Perrault Petten Phillips Poulin Prud'homme Riel Rizzuto Roberge Robertson Robichaud Stanbury Stewart Stollery Stratton Tkachuk Watt Wood

PRAYERS.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

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;

And on the motion in amendment of the Honourable Senator Nolin, 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."

After debate,

The Honourable Senator Gigantès 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.

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

Resuming the debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Perrault, P.C., for the second reading of Bill C-54, An Act to amend the Foreign Extraterritorial Measures Act.

After debate,

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

The Bill was then read the second time.

The Honourable Senator Grafstein moved, seconded by the Honourable Senator Rizzuto, that the Bill be referred to the Standing Senate Committee on Foreign Affairs.

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

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 Anderson moved, seconded by the Honourable Senator Pearson, 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 4 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

Resuming debate on the consideration of the Seventh Report of the Standing Senate Committee on Social Affairs, Science and Technology (Employment Insurance (Fishing) Regulations) presented in the Senate on October 28, 1996.

After debate,

The Honourable Senator DeWare moved, seconded by the Honourable Senator Berntson, that the Report be adopted.

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

Orders No. 2 to 6 were called and postponed until the next sitting.

Order No. 7 was called and pursuant to Rule 27(3) was dropped from the Order Paper.

Other

Orders No. 15 (inquiry), 22 (motion), 13, 16, 7 and 6 (inquiries) were called and postponed until the next sitting.

Reports Deposited with the Clerk of the Senate Pursuant to Rule 28(2):

Report on the Marine Oil Spill Preparedness and Response Regime, for the period of August 15, 1995 to August 15, 1996, pursuant to the Canada Shipping Act, S.C. 1993, c. 36, s. 6.-Sessional Paper No. 2/35-475.

Report of the Freshwater Fish Marketing Corporation, including its accounts and financial statements certified by the Auditor General, for the fiscal year ended April 30, 1996, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 150(1). -Sessional Paper No. 2/35-476.

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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