Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 85
Thursday, March 20, 1997
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Anderson Andreychuk Atkins Beaudoin Berntson Bonnell Bosa Bryden Buchanan Carstairs Cogger Cools Corbin De Bané DeWare Di Nino Doody Doyle Fairbairn Forest Gigantès Grafstein Graham Gustafson Haidasz Hébert Hervieux-Payette Kelleher Keon Kinsella Kirby Landry Lavoie-Roux LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) Marchand Meighen Mercier Milne Molgat Murray Nolin Pearson Petten Poulin Prud'homme Rizzuto Robichaud Rompkey Spivak Stanbury Stewart Stollery Stratton Taylor Tkachuk Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Lewis, Joint-Chair of the Standing Joint Committee for the Scrutiny of Regulations, tabled its Fourth Report (Criminal Code - Notice of Application for Treatment Regulations).-Sessional Paper No. 2/35-621.
The Honourable Senator Di Nino for the Honourable Senator Oliver, Co-Chair of the Special Joint Committee on a Code of Conduct, tabled its Final Report, entitled: Code of Official Conduct.-Sessional Paper No. 2/35-622.
The Honourable Senator Di Nino for the Honourable Senator Oliver moved, seconded by the Honourable Senator Beaudoin, 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.
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Ordered, That Order No. 88 (motion) under ORDERS OF THE DAY, Other be brought forward.
Resuming debate on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Robertson:
That the question of the adequacy of the response of the chain of command of the Canadian Forces - ministerial, civilian, and military - to the operational, disciplinary, and administrative problems relating to the deployment of the Canadian Airborne Regiment in Somalia be referred to the Standing Senate Committee on Foreign Affairs.
After debate,
With leave of the Senate and pursuant to Rule 30, the motion was withdrawn.
Government Notices of Motions
With leave of the Senate,The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Stanbury:
That a special committee of the Senate be appointed to examine and report upon the adequacy of the response of the chain of command of the Canadian Forces to the problems relating to the deployment of the Canadian Airborne Regiment in Somalia, in particular the torture and beating death of Shidane Arone, to the extent that these matters will not have been examined by the Commission of Inquiry appointed March 20, 1995;
That the Committee in examining the management of the issues arising from these matters call the following witnesses, among others:
1) the then Minister of National Defence;
2) the then Deputy Minister of National Defence;
3) the then Acting Chief of Staff of the Minister ofNational Defence;
4) the then special advisor to the Minister of National Defence (M. Campbell);
5) the then special advisor to the Minister of National Defence (J. Dixon);
6) the persons occupying the position of Judge Advocate General during the relevant period;
7) the then Deputy Judge Advocate General (litigation); and
8) the then Chief of Defence Staff.
That seven Senators, nominated by the Committee of Selection act as members of the Special Committee, and that three members constitute a quorum;
That the Committee have power to send for persons, papers and records, to examine witnesses under oath, 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 Committee have power to retain the services of professional, clerical, stenographic and such other staff as deemed advisable by the Committee;
That the Committee have power to authorize television and radio broadcasting, as it deems appropriate, of any or all of its proceedings;
That the Committee have the power to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purposes of its examination; and
That the Committee have power to sit during sittings and adjournments of the Senate.
After debate,
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-300, An Act respecting the establishment and award of a Canadian Peacekeeping Service Medal for Canadians who have served with an international peacekeeping mission, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that the Bill be placed on the Orders of the Day for a second reading on Tuesday, April 8, 1997.
The question being put on the motion, it was adopted.
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The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The Communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
March 20, 1997
Mr. Speaker:
I have the honour to inform you that the Right Honourable, Antonio Lamer, Chief Justice of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 20th day of March, 1997, at6:15 p.m., for the purpose of giving Royal Assent to certain Bills.
Yours sincerely,
Judith A. LaRocque
Secretary to the Governor General
The HonourableThe Speaker of the Senate
Ottawa
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Motions
Order No. 1 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
Resuming debate on the consideration of the Sixth Report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Interim Report on Bill C-29, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances), presented in the Senate on March 4, 1997;
And on the motion of the Honourable Senator Kinsella, seconded by the Honourable Senator Doyle, that the Interim Report concerning Bill C-29, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances, be not now proceeded with but be returned to the Standing Senate Committee on Energy, the Environment and Natural Resources with instructions to implement the recommendation found on page 40 of the Interim Report, to wit:
"We recommend that the Royal Society of Canada undertake a thorough assessment of all information pertinent to Bill C-29 and report its findings back to the Committee at its earliest opportunity"; and
That the Senate do not proceed with further consideration of Bill C-29 until after the Committee has tabled such findings in the Senate.
After debate,
The question being put on the motion, it was negatived on division.
The Honourable Senator Taylor moved, seconded by the Honourable Senator Mercier, that the Report be adopted.
The question being put on the motion, it was adopted on division.
Orders No. 2 to 4 were called and postponed until the next sitting.
Other
Orders No. 33, 34, 25, 31, (inquiries), 22 (motion),15, 30 (inquiries), 90 (motion) and 21 (inquiry) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Pearson moved, seconded by the Honourable Senator Milne:
That, notwithstanding the Order of the Senate adopted on April 24, 1996, the Standing Senate Committee on Aboriginal Peoples, which was authorized in accordance with Rule 86(1)(q), to examine such issues as may arise from time to time relating to the Aboriginal Peoples of Canada be empowered to present its final report no later than December 15, 1997.
The question being put on the motion, it was adopted.
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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 Grafstein:
That when the Senate adjourns today, it do stand adjourned until Tuesday, April 8, 1997, at 2:00 p.m.
The question being put on the motion, it was adopted.
Notices of Motions.
With leave of the Senate,The Honourable Senator Spivak for the Honourable Senator Gustafson moved, seconded by the Honourable Senator Atkins:
That, notwithstanding the Order of the Senate adopted on Thursday, March 21, 1996, the Standing Senate Committee on Agriculture and Forestry, which was authorized to examine the present state and the future of agriculture in Canada, be empowered to present its final report no later thanMonday, June 30, 1997.
The question being put on the motion, it was adopted.
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Pursuant to Rule 135(4), the sitting was suspended until6:10 p.m.
The sitting resumed.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-32, An Act to amend the Copyright 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 at the next sitting.
The question being put on the motion, it was adopted.
A Message was brought from the House of Commons with a Bill C-81, An Act to implement the Canada-Chile Free Trade Agreement and related agreements, 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 Bosa, that the Bill be placed on the Orders of the Day for a second reading at the next sitting.
The question being put on the motion, it was adopted.
A Message was brought from the House of Commons to return Bill C-70, An Act to amend the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the Income Tax Act, the Debt Servicing and Reduction Account Act and related Acts,
And to acquaint the Senate that the Commons have agreed to the amendment made by the Senate to this Bill, without amendment, but with the following observation:
"That this House, while disapproving of any infraction of its privileges or rights by the other House, in this case waives its claim to insist upon such rights and privileges, but the waiver of said rights and privileges is not to be drawn into a precedent."
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of the Right Honourable the Deputy of His Excellency the Governor General.
After awhile, the Right Honourable Antonio Lamer,Chief Justice of the Supreme Court of Canada, in his capacity as Deputy of His Excellency the Governor General, having come and being seated at the foot of the Throne-
The Honourable the Speaker commanded the Gentleman Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-
"It is the desire of the Right Honourable the Deputy ofHis Excellency the Governor General that they attend him immediately in the Senate Chamber."
The House of Commons being come,
One of the Clerks at the table then read the titles of the Bills to be assented to as follows:
An Act to establish the Canadian Food Inspection Agency and to repeal and amend others Acts as a consequence (Bill C-60, Chapter 6, 1997)
An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts (Bill C-23, Chapter 9, 1997)
An Act to amend the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the Income Tax Act, the Debt Servicing and Reduction Account Act and related Acts(Bill C-70, Chapter 10, 1997).
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-
"In Her Majesty's name, the Right Honourable the Deputy of His Excellency the Governor General doth assent to these Bills."
6:30 p.m.
The Acting Speaker of the House of Commons addressed the Right Honourable the Deputy of His Excellency the Governor General as follows:
"May it Please Your Honour:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Honour the following Bills:
An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year endingMarch 31, 1997 (Bill C-87, Chapter 7, 1997)
An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year endingMarch 31, 1998 (Bill C-88, Chapter 8, 1997)
To which Bills I humbly request Your Honour's Assent."
After one of the Clerks at the Table read the titles of the Bills-
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, the Right Honourable the Deputy of His Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to these Bills."
6:35 p.m.
The Commons withdrew.
After which the Right Honourable the Deputy of His Excellency the Governor General was pleased to retire.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Statutes of the Northwest Territories for the year 1996, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N-27, sbs. 21(1).-Sessional Paper No. 2/35-619.
Copy of Order in Council P.C. 1997-296, dated March 4, 1997, concerning the Agreement on Social Security between the Government of Canada and the Government of the Republic of Chile, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, sbs. 42(1).-Sessional Paper No. 2/35-620.
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 Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Anderson (March 20).
Special Committee of the Senate on the Cape Breton Development Corporation
The names of the Honourable Senators Bryden and Stanbury substituted for those of the Honourable Senators Gigantès and Bonnell (March 20).
Standing Senate Committee on National Finance
The name of the Honourable Senator Bolduc substituted for that of the Honourable Senator Di Nino (March 20).