Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 95
Thursday, April 24, 1997
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Anderson Andreychuk Atkins Austin Bacon Beaudoin Berntson Bonnell Bosa Bryden
Buchanan Carstairs Cochrane Cogger Comeau Cools Corbin DeWare Doyle Fairbairn
Forest Gigantès Grafstein Graham Gustafson Haidasz Hays Hébert
Hervieux-Payette Jessiman Johnson Kelleher Kenny Keon Kinsella Kirby Landry
Lavoie-Roux LeBreton Lewis
Losier-Cool Lucier Lynch-Staunton MacDonald (Halifax) Maheu Milne Molgat
Moore Nolin Oliver Pearson Pépin Perrault Petten Phillips Prud'homme Rizzuto
Roberge Robertson Robichaud Rompkey Rossiter Simard Sparrow Spivak Stanbury
Stewart Stollery Taylor Tkachuk Watt Wood
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
With leave of the Senate,The Honourable Senator Cochrane tabled the following:
Documents concerning Bill C-44, An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence.-Sessional Paper No. 2/35-674S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Maheu, a member of the Standing Joint Committee on Official Languages, tabled its Third Report (Application of the Official Languages Act in the National Capital Region).-Sessional Paper No. 2/35-675.
The Honourable Senator Maheu moved, seconded by the Honourable Senator Moore, 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 Carstairs, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Twenty-ninth Report (Bill C-46, An Act to amend the Criminal Code (production of records in sexual offence proceedings)) without amendment.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Milne, that the Bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Carstairs presented the following:
THURSDAY, April 24, 1997
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
THIRTIETH REPORT
Your Committee, to which was referred Bill C-95, An Act to amend the Criminal Code (criminal organizations) and to amend other Acts in consequence, has, in obedience to the Order of Reference of Wednesday, April 23, 1997, examined the said Bill and now reports the same without amendment, but with the following recommendation:
Your Committee is aware of the establishment of a foundation at Osgoode Hall Law School for the study of organized crime in Canada. It is your Committee's recommendation that the federal government become an active participant in this study, including giving its support to public forums and international studies to increase understanding of organized crime.
Respectfully submitted,
SHARON CARSTAIRS
Chair
With leave of the Senate,The Honourable Senator Stanbury moved, seconded by the Honourable Senator Bacon, that the Bill be placed on theOrders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Kirby, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Sixteenth Report (Bill C-92, An Act to amend the Income Tax Act, the Income Tax Application Rules and another Act related to the Income Tax Act) without amendment.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Lucier, that the Bill be placed on theOrders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Bacon, Chair of the Standing Senate Committee on Transport and Communications, presented its Eleventh Report (Bill C-44, An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of theSt. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence) without amendment.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Corbin, that the Bill be placed on theOrders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator DeWare, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled its Eighteenth Report entitled: Interim Report of the Subcommittee on Post-Secondary Education.-Sessional Paper No. 2/35-676S.
The Honourable Senator DeWare moved, seconded by the Honourable Senator Robertson, 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, April 24, 1997
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
NINETEENTH REPORT
Your Committee has examined and approved the budget presented to it by the Standing Joint Committee for the Scrutiny of Regulations for the proposed expenditures of the said Committee for the fiscal year ending March 31, 1998:
| Professional and Other Services | $94,781 |
| Miscellaneous | 5,400 |
| Total | $100,181 |
Respectfully submitted,
COLIN KENNY
Chairman
The Honourable Senator Kenny moved, seconded by the Honourable Senator Lewis, 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.
Notices of Motions
With leave of the Senate,The Honourable Senator Kirby moved, seconded by the Honourable Senator Lucier:
That the Standing Senate Committee on Banking, Trade and Commerce have power to sit at 6:00 p.m. today 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. 136, dated May 28, 1996, appearing on the Order Paper in the name of the Honourable Senator Forrestall, respecting the decision to purchase theEH-101 helicopter.-Sessional Paper No. 2/35-677S.
Reply to Question No. 137, dated May 28, 1996, appearing on the Order Paper in the name of the Honourable Senator Forrestall, respecting the EH-101 helicopter.-Sessional Paper No. 2/35-678S.
Reply to Question No. 161, dated December 11, 1996, appearing on the Order Paper in the name of the Honourable Senator Tkachuk, respecting the Report of theRoyal Commission on Aboriginal Peoples.-Sessional PaperNo. 2/35-679S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-93, An Act to implement certain provisions of the budget tabled in Parliament on February 18, 1997.
The Honourable Senator Hays moved, seconded by the Honourable Senator Losier-Cool, that the Bill be read thesecond time.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Hays moved, seconded by the Honourable Senator Losier-Cool, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Second reading of Bill C-37, An Act to implement an agreement between Canada and the Russian Federation, a convention between Canada and the Republic of South Africa, an agreement between Canada and the United Republic of Tanzania, an agreement between Canada and the Republic of India and a convention between Canada and Ukraine, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Bacon, 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 Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Carstairs, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Second reading of Bill C-39, An Act respecting theYork Factory First Nation and the settlement of matters arising from an agreement relating to the flooding of land.
The Honourable Senator Taylor moved, seconded by the Honourable Senator Hays, 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 Taylor moved, seconded by the Honourable Senator Anderson, that the Bill be placed on the Orders of the Day for a third reading at the next sitting.
After debate,
The question being put on the motion, it was negatived on division.
The Honourable Senator Graham moved, seconded by the Honourable Senator Robichaud, P.C., that the Bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted on division.
Second reading of Bill C-40, An Act respecting the Nelson House First Nation and the settlement of matters arising from an agreement relating to the flooding of land.
The Honourable Senator Taylor moved, seconded by the Honourable Senator Stewart, 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 Taylor moved, seconded by the Honourable Senator Milne, that the Bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted.
Third reading of Bill C-17, An Act to amend the Criminal Code and certain other Acts.
The Honourable Senator Moore moved, seconded by the Honourable Senator Wood, that the Bill be read the third time.
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
Third reading of Bill C-77, An Act concerning an order under the International Development (Financial Institutions) Assistance Act.
The Honourable Senator Stewart moved, seconded by the Honourable Senator Lucier, that the Bill be read the third time.
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
Third reading of Bill C-34, An Act to establish programs for the marketing of agricultural products, to repeal the Agricultural Products Board Act, the Agricultural Products Cooperative Marketing Act, the Advance Payments for Crops Act and the Prairie Grain Advance Payments Act and to make consequential amendments to other Acts.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Milne, that the Bill be read the third time.
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
Third reading of Bill C-38, An Act to provide for mediation between insolvent farmers and their creditors, to amend the Agriculture and Agri-Food Administration Monetary Penalties Act and to repeal the Farm Debt Review Act.
The Honourable Senator Taylor moved, seconded by the Honourable Senator Pearson, that the Bill be read the third time.
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
Third reading of Bill C-84, An Act to amend the Citizenship Act and the Immigration Act.
The Honourable Senator Gigantès moved, seconded by the Honourable Senator Bosa, that the Bill be read the third time.
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
Third reading of Bill C-95, An Act to amend the Criminal Code (criminal organizations) and to amend other Acts in consequence.
The Honourable Senator Stanbury moved, seconded by the Honourable Senator Landry, that the Bill be read the third time.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
Resuming debate on the motion of the Honourable Senator Gigantès, seconded by the Honourable Senator Cools, for the third reading of Bill C-32, An Act to amend the Copyright Act.
After debate,
In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator Oliver, that the Bill be not now read a third time but that it be amended:
1. in clause 50 by replacing line 30 on page 93 with the following:
"92. (1) Within three years after the coming"
2. in clause 1, on page 4, by replacing lines 31 to 42 with the following:
"commercially available" means, in relation to a work or other subject matter, available on the Canadian market within a reasonable time and for a reasonable price and may be located with reasonable effort;"
3. in clause 28, on page 63, by replacing lines 40 to 43 with the following:
"where they were made, of any used books."
After debate,
The question being put on the motions in amendment, they were negatived on division.
The question then being put on the motion of the Honourable Senator Gigantès, seconded by the Honourable Senator Cools, for the third reading of the Bill, it was adopted on division.
The Bill was then read the third time and passed, on division.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
Motions
The Honourable Senator Graham moved, seconded by the Honourable Senator Losier-Cool:
That a Special Joint Committee of the Senate and the House of Commons be appointed to examine and analyze issues relating to parenting arrangements after separation and divorce, and in particular, to assess the need for a more child-centered approach to family law policies and practices that would emphasize parental responsibilities rather than parental rights and child-focused parenting arrangements based on childrens' needs and best interests;
That five Members of the Senate and ten Members of the House of Commons be the members of the Committee with two Joint Chairpersons;
That changes in the membership, on the part of the House of Commons of the Committee be effective immediately after a notification signed by the Member acting as the chief Whip of any recognized party has been filed with the clerk of the Committee;
That the Committee be directed to consult broadly, examine relevant research studies and literature and review models being used or developed in other jurisdictions;
That the Committee have the power to sit during sittings and adjournments of the Senate;
That the Committee have the power to report from time to time, to send for persons, papers and records, and to print such papers and evidence as may be ordered by the Committee;
That the Committee have the power to retain the services of expert, professional, technical and clerical staff, including legal counsel;
That a quorum of the Committee be eight members whenever a vote, resolution or other decision is taken, so long as both Houses are represented and the Joint Chairpersons will be authorized to hold meetings, to receive evidence and authorize the printing thereof, whenever four members are present, so long as both Houses are represented;
That the Committee be empowered to appoint, from among its members, such sub-committees as may be deemed advisable, and to delegate to such sub-committees, all or any of its power except the power to report to the Senate and theHouse of Commons;
That the Committee be empowered to authorize television and radio broadcasting of any or all of its proceedings; and
That the Committee make its final report no later thanMay 31, 1998.
After debate,
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.
The Order was called for the second reading of Bill S-16, An Act concerning one Karla Homolka.
A Point of Order was raised as to the acceptability of the Bill.
Debate.
SPEAKER'S RULING
If no other Honourable Senator wishes to speak, I am prepared to rule.
My opinion has not changed on this Bill. When it was presented the first time. I ruled that it was out of order. This Bill is identical. Therefore, I rule again that it is out of order.
Accordingly, the Order of the Day for the second reading of Bill S-16, An Act concerning one Karla Homolka, was discharged and the Bill withdrawn.
Reports of Committees
Orders No. 1 to 8 were called and postponed until the next sitting.
Other
Order No. 30 (inquiry) was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Simard, seconded by the Honourable Senator Lynch-Staunton:
That the Senate encourage the federal government and the provincial government of Ontario to work together to find a just and generous solution which will ensure that the Montfort Hospital may continue to serve its local minority language community and minority French language communities throughout Canada;
And on the motion in amendment of the Honourable Senator Losier-Cool, seconded by the Honourable Senator Taylor, that the motion be not now adopted but that it be amended by striking out the words "the federal government and the provincial government of Ontario" and substituting the following:
"all the decision-makers".
After debate,
With leave of the Senate and pursuant to Rule 30, the motion in amendment was withdrawn.
The Senate resumed debate on the motion of the Honourable Senator Simard, seconded by the Honourable Senator Lynch-Staunton:
That the Senate encourage the federal government and the provincial government of Ontario to work together to find a just and generous solution which will ensure that the Montfort Hospital may continue to serve its local minority language community and minority French language communities throughout Canada.
After debate,
The question being put on the motion, it was adopted.
Orders No. 29, 38 (inquiries), 112 and 114 (motions) were called and postponed until the next sitting.
Resuming the debate on the inquiry of the Honourable Senator Hays, calling the attention of the Senate to the Report of the Canada-Japan Inter-Parliamentary Group on the Fifth Annual Meeting of the Asia-Pacific Parliamentary Forum, held in Vancouver, British Columbia, from January 7 to 10, 1997.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Kinsella, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 33, 34, 25 and 31 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion as amended of theHonourable 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 thanJune 17, 1997; 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 Stanbury moved, seconded by the Honourable Senator Bacon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Lucier:
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 names of the Honourable Senators Lucier and Bryden substituted for those of the Honourable Senators Lewis and Pearson (April 23).
The names of the Honourable Senators Lewis, Pearson, Petten, Stanbury and Corbin substituted for those of the Honourable Senators Lucier, Bryden, Maheu, Gigantès and Petten (April 24).
Standing Senate Committee on National Finance
The name of the Honourable Senator Taylor substituted for that of the Honourable Senator Moore (April 23).
Standing Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Grimard (April 23).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Perrault and Landry substituted for those of the Honourable Senators Watt and Poulin (April 23).
Special Committee of the Senate on the Cape Breton Development Corporation
The name of the Honourable Senator Pépin substituted for that of the Honourable Senator De Bané (April 24).