Journals of the Senate
45 Elizabeth II, A.D. 1996, Canada
Journals of the Senate
Issue 52
Monday, November 25, 1996
8:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Andreychuk Angus Atkins Bacon Beaudoin Berntson Bolduc Bonnell Bosa Bryden Carstairs Cogger Cohen Comeau Cools De Bané DeWare Di Nino Doody Doyle Forest Gigantès Grafstein Graham Grimard Gustafson Hébert Hervieux-Payette Kenny Keon Kirby Landry Lavoie-Roux LeBreton Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Marchand Mercier Milne Molgat Moore Murray Nolin Oliver Pearson Perrault Petten Phillips Poulin Prud'homme Riel Robichaud Rompkey Rossiter St. Germain Simard Spivak Stanbury Stewart Taylor Tkachuk
PRAYERS
SENATORS' STATEMENTS
Tribute was paid to the memory of the Honourable Joseph. Ghiz, former Premier of the Province of Prince Edward Island, whose death occurred November 9, 1996.
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator DeWare, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Eighth Report (budget-study on post-secondary education).
Ordered, That the Report be printed as an Appendix to the Journals of the Senate of this day and form part of the permanent records of this House.
(See Appendix "A" at pages 669-678.)
The Honourable Senator DeWare moved, seconded by the Honourable Senator Keon, 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 Tkachuk, Chair of the Standing Senate Committee on National Finance, presented its Sixth Report (Supplementary Estimates (A) 1996-97).
Ordered, That the Report be printed as an Appendix to the Journals of the Senate of this day and form part of the permanent records of this House.
(See Appendix "B" at pages 679-686.)
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator LeBreton, 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 Stewart, Chair of the Standing Senate Committee on Foreign Affairs, presented its Fourth Report (budget-study on Canada's relation with the Asia Pacific region).
Ordered, That the Report be printed as an Appendix to the Journals of the Senate of this day and form part of the permanent records of this House.
(See Appendix "C" at pages 687-696.)
The Honourable Senator Stewart moved, seconded by the Honourable Senator Kenny, 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.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons in the following words:-
Friday, November 8, 1996
Ordered,-That, in relation to the Orders of Reference adopted by the Senate on March 21, 1996 and on June 19, 1996, and by the House of Commons on March 12, 1996 and June 19, 1996, the reporting date of the Special Joint Committee on A Code of Conduct be extended to Friday, December 13, 1996;
That, if the House is not sitting when the final report of the Committee is completed, the report be deposited with the Clerk of the House of Commons and shall thereupon be deemed to have been presented to the House of Commons; and
That a message be sent to the Senate requesting that House to unite with this House for these purposes.
ATTEST
ROBERT MARLEAU
Clerk of the House of Commons
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-41, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Canada Shipping Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Carstairs, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, November 27, 1996.
The question being put on the motion, it was adopted.
A Message was brought from the House of Commons with a Bill C-68, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1997, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Gigantès moved, seconded by the Honourable Senator Bonnell, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, November 27, 1996.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Tkachuk presented a Bill S-12, An Act providing for self-government by the first nations of Canada.
The Bill was read the first time.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Berntson, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, November 27, 1996.
The question being put on the motion, it was adopted.
First Reading of Commons Public Bills
A Message was brought from the House of Commons with a Bill C-347, An Act to change the names of certain electoral districts, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Bolduc moved, seconded by the Honourable Senator Beaudoin, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, November 27, 1996.
The question being put on the motion, it was adopted.
Notices of Motions
With leave of the Senate,The Honourable Senator Stewart moved, seconded by the Honourable Senator Kenny:
That the Standing Senate Committee on Foreign Affairs have power to sit at 4:00 p.m., tomorrow, Tuesday, November 26, 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.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Graham tabled the following:
Reply to Question No. 16, dated March 19, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Health.-Sessional Paper No. 2/35-512S.
Reply to Question No. 29, dated March 26, 1996, appearing on the Order Paper in the name of the Honourable Senator Spivak, respecting Health Canada.-Sessional Paper No. 2/35-513S.
Reply to Question No. 51, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Health.-Sessional Paper No. 2/35-514S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
The Order for the second reading of Bill C-61 was called and postponed until the next sitting.
Reports of Committees
Resuming 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,";"
And on the sub-amendment of the Honourable Senator Cogger, seconded by the Honourable Senator Bolduc, that the motion in amendment be amended by substituting for the words "with the following amendment:" the words "with the following amendments: (a)" and by removing the period at the end thereof and adding the following words:
"; and
(b) Delete the words "to direct" in paragraph (c) of Term 17 and
substitute therefor the words "to determine and to direct"."
After debate,
The Honourable Senator Berntson moved, seconded by the Honourable Senator Doyle, that further debate on the sub-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 and 2 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
Consideration of the Sixteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-3, An Act to amend the Criminal Code (plea bargaining)) presented to the Senate on November 7, 1996.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool, that the Report be adopted.
After debate,
The Honourable Senator Carstairs for the Honourable Senator Cools moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 to 6 were called and postponed until the next sitting.
Other
Orders No. 13, 18 and 15 (inquiries) and 22 (motion) were called and postponed until the next sitting.
Order No. 16 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the National Film Board, including its accounts and financial statements certified by the Auditor General, for the fiscal year ended March 31, 1996, pursuant to the National Film Act, R.S.C. 1985, c. N-8, s. 20(2).-Sessional Paper No. 2/35-486.
Report of the Canadian Dairy Commission, including its accounts and financial statements certified by the auditor General, for the year ended July 31, 1996, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 150(1).-Sessional Paper No. 2/35-487.
Summaries of the Corporate Plan for 1996-97 to 2000-2001 and the Capital and Operating Budgets for 1996-97 of the Canadian Museum of Civilization Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4). -Sessional Paper No. 2/35-488.
Summaries of the Corporate Plan for 1995-96 to 1999-2000 and the Capital and Operating Budgets for 1995-1996 of the Canadian Museum of Nature, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional paper No. 2/35-489.
Summaries of the Corporate Plan for 1996-97 to 2000-2001 and the Capital and Operating Budgets for 1996-1997 of the Canadian Museum of Nature, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional paper No. 2/35-490.
Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Handler Textile (Canada) Inc. regarding certain thermally bonded nonwovens", dated October 23, 1996, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.-Sessional Paper No. 2/35-491.
Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Doubletex regarding unbleached or bleached woven fabrics", dated October 24, 1996, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.-Sessional Paper No. 2/35-492.
Report of the Hazardous Materials Information Review Commission for the fiscal year ended March 31, 1996, pursuant to the Hazardous Materials Information Review Act, S.C. 1987, c. 30, sbs. 45(2).-Sessional Paper No. 2/35-493.
Reports of the Department of Health required by the Access to Information Act and the Privacy Act for the period ended March 31, 1996, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, s. 72(2).-Sessional Paper No. 2/35-494.
Agreement made on September 8, 1995, between Canada, British Columbia and the Nanoose First Nation for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 2/35-495.
Memorandum of agreement made on April 1, 1995, providing a framework for community tripartite agreements for the Royal Canadian Mounted Police First Nations Community Policing Service in the Northwest Territories, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 2/35-496.
Memorandum of agreement made on April 1, 1995, providing a framework for community tripartite agreements for the Royal Canadian Mounted Police First Nations Community Policing Service in the New Brunswick, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 2/35-497.
Agreement made on June 24, 1995, between Canada, British Columbia and the Kamloops Indian Band, Whispering Pines/Clinton Indian Band and Skeetchestn Indian Band for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 2/35-498.
Agreement made on June 12, 1995, between Canada, British Columbia and the Tsay Keh Dene and the Fort Ware Indian Band for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 2/35-499.
Agreement made on May 8, 1996, between Canada, Saskatchewan and the Lac la Ronge Indian Band for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 2/35-500.
Agreement made on October 1, 1994, between Canada, Manitoba and Sandy Bay First Nation for the royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 2/35-501.
Agreement made on October 1, 1994, between Canada, Manitoba and Swan Lake First Nation for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 2/35-502.
Agreement made on May 8, 1996, between Canada, Saskatchewan and the Montreal Lake First Nation for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 2/35-503.
Agreement made on March 7, 1996, between Canada, British Columbia and the Saulteau First Nations for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 2/35-504.
Agreement made on March 7, 1996, between Canada, British Columbia and the West Moberley First Nations for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 2/35-505.
Agreement made on June 8, 1996, between Canada, British Columbia and the Kwakiutl Band Gwa'sala Nakwaxda'xw First Nation and the Quatsino First Nation for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 2/35-506.
Copy of Order in Council P.C. 1996-1561, dated October 8, 1996, concerning the Second Supplementary Agreement amending the Agreement on Social Security between the Government of Canada and the Government of the United Sates of America, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, sbs. 42(1).-Sessional Paper No. 2/35-507.
Highlights and Final Report of the Royal Commission on Aboriginal Peoples entitled "People to People, Nation to Nation", in five volumes: Vol. 1 "Looking Forward, Looking Back"; Vol. 2 "Restructuring the Relationship" Parts 1 et 2; Vol. 3 "Gathering Strength"; Vol. 4 "Perspectives and Realities"; Vol. 5 "Renewal: A Twenty-Year Commitment".-Sessional Paper No. 2/35-508.
Copy of the Bankruptcy and Insolvency Rules amendment (SOR/95-496), pursuant to the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, sbs. 209(2).-Sessional Paper No. 2/35-509.
In-Year Update of the Treasury Board for the fiscal year 1996-97.-Sessional Paper No. 2/35-510.
Report on the operations of Harbours and Ports for the fiscal year ended March 31, 1996, pursuant to the Public Harbours and Ports Facilities Act, R.S.C. 1985, c. P-29, s. 26.-Sessional Paper No. 2/35-511.
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)
Standing Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator Anderson substituted for that of the Honourable Senator Moore (November 14).
Standing Joint Committee on Official Languages
The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Maheu (November 14).
The names of the Honourable Senators Carstairs and Hébert substituted for those of the Honourable Senators Riel and Robichaud (November 20).
The names of the Honourable Senators Riel and Robichaud substituted for those of the Honourable Senators Carstairs and Hébert (November 25).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Anderson substituted for that of the Honourable Senator Bonnell (November 25).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Whelan substituted for that of the Honourable Senator Carstairs (November 25).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Gauthier substituted for that of the Honourable Senator Mercier (November 25).