46 Elizabeth II, A.D. 1997, Canada

Journals of the Senate

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Issue 12

Tuesday, October 28, 1997
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Bacon, Balfour, Beaudoin, Berntson, Bolduc, Bonnell, Bosa, Buchanan, Butts, Callbeck, Carstairs, Cohen, Comeau, Cools, Corbin, DeWare, Di Nino, Doody, Doyle, Eyton, Fairbairn, Ferretti Barth, Forest, Forrestall, Ghitter, Gigantès, Grafstein, Graham, Grimard, Gustafson, Haidasz, Hays, Hébert, Jessiman, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Lavoie-Roux, LeBreton, Losier-Cool, Lynch-Staunton, MacDonald, Maheu, Meighen, Mercier, Milne, Molgat, Murray, Nolin, Oliver, Pépin, Petten, Phillips, Poulin, Prud'homme, Rivest, Roberge, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Simard, Sparrow, Spivak, Stewart, Stollery, Taylor, Tkachuk, Watt, Whelan

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Carstairs tabled the following:

Supplementary Estimates (A) for the fiscal year ending March 31, 1998.-Sessional Paper No. 1/36-206.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Kirby, Chairman of the Standing Senate Committee on Banking, Trade and Commerce, tabled its Second Report entitled: "Joint and Several Liability and Professional Defendants: Options Discussion Paper."-Sessional Paper No. 1/36-207S.

Government Notices of Motions

With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Poulin:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, October 29, 1997, at 1:30 p.m.

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

 With leave, The Senate reverted to Presentation of Reports from Standing or Special Committees. The Honourable Senator Hébert presented the following:

TUESDAY, October 28, 1997

The Committee of Selection has the honour to present its

THIRD REPORT

Pursuant to Rule 85(1)(b) of the Rules of the Senate, your Committee submits herewith the list of Senators nominated by it to serve on the Special Committee of the Senate on the Cape Breton Development Corporation:

The Honourable Senators Bryden, Buchanan, Butts, Forrestall, *Graham (or Carstairs), Losier-Cool, *Lynch-Staunton (or Kinsella (acting), MacDonald, Moore, Murray and Stanbury.

*Ex-officio members

Respectfully submitted,

JACQUES HÉBERT

Chairman

The Honourable Senator Hébert moved, seconded by the Honourable Senator Butts, 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 tabled the following (Sessional Paper No. 1/36-208S.):

TUESDAY, October 28, 1997

The Standing Senate Committee on Foreign Affairs has the honour to present its

SECOND REPORT

Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports pursuant to Rule 104, that the expenses incurred by the Committee during the Second Session of the Thirty-Fifth Parliament are as follows:

1. With respect to its examination and consideration of legislation:

Professional services	---
Transport & Communications	$ 915.00
Other expenditures	1,378.00
TOTAL	$ 2,293.00

No expenditure was incurred by the Committee in respect to witnesses' expenses.

2. With respect to its special studies (a) on Relations between Canada and the European Union; and (b) on the Importance of the Asia-Pacific Region for Canada.

a) Relations between Canada and the European Union:

Professional services	$ 8,241.00
Transport & Communications	143.00
Miscellaneous	---
TOTAL	$ 8,384.00

 

For this special study, the amount of $60.04 was spent by the Committee for witnesses' expenses.

b) The Importance of the Asia-Pacific Region for Canada:

 

Professional services	$ 13,886.00
Transport & Communications	28,634.30
Miscellaneous	5,345.00
TOTAL	$ 47,865.30

 

For this special study, the amount of $1,957.87 was spent by the Committee for witnesses' expenses.

During the session under consideration, your Committee heard from one hundred thirty-six (136) witnesses and held forty (40) meetings and issued eight (8) reports in relation to its work. It reviewed four (4) Bills (C-54, C-61, C-81, and C-77). It completed a study on Relations between Canada and the European Union. The Report was tabled in the Senate in June 1996. It then undertook a study on the importance of the Asia Pacific region for Canada, which Order of Reference was renewed in the present Session. The Interim Report was sent to the Standing Senate Committee on Internal Economy, Budgets and Administration Committee in June 1997, for publication and distribution and was presented to the Senate on October 23, 1997.

Respectfully submitted,

JOHN B. STEWART

Chairman

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Order No. 1 was called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Forest, seconded by the Honourable Senator Mercier:

That the following Address be presented to His Excellency the Governor General of Canada:

To His Excellency the Right Honourable Roméo A. LeBlanc, a Member of the Queen's Privy Council for Canada, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

After debate,

The Honourable Senator Carstairs 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.

 With leave, The Senate reverted to Presentation of Petitions. The Honourable Senator Haidasz, P.C., presented petitions:

Of Residents of Canada concerning the protection of conscience in medical procedures.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Motions

Resuming debate on the motion of the Honourable Senator Pearson, seconded by the Honourable Senator Carstairs:

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-centred approach to family law policies and practices that would emphasize parental responsibilities rather than parental rights and child-focused parenting arrangements based on children's needs and best interests;

That seven Members of the Senate and sixteen Members of the House of Commons be 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 twelve 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 six members are present, so long as both Houses are represented;

That the Committee be empowered to appoint, from among its members, such subcommittees as may be deemed advisable, and to delegate to such subcommittees, all or any of its power except the power to report to the Senate and House 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 than November 30, 1998; and

That a Message be sent to the House of Commons to acquaint that House accordingly.

After debate,

In amendment, the Honourable Senator Cools moved, seconded by the Honourable Senator Watt, that the motion be amended by:

(a) deleting paragraph 1 thereof and substituting the following:

"That a special Joint Committee of the Senate and the House of Commons be appointed to examine and analyze issues relating to custody and access arrangements after separation and divorce, and in particular, to assess the need for a more child-centred approach to family law policies and practices that would emphasize joint parental responsibilities and child-focused parenting arrangements based on children's needs and best interests;" and

(b) adding the following after paragraph 9:

"That the Committee be empowered to adjourn from place to place within and outside Canada.".

After debate,

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

The question then being put on the main motion, as amended, it was adopted.

Order No. 3 was called and postponed until the next sitting.

OTHER BUSINESS

Other

Orders No. 1 (motion), 5 (inquiry) and 3 (motion) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Comeau calling the attention of the Senate to the 97th Inter-Parliamentary Conference, held at Seoul, Republic of Korea, from April 9 to 15, 1997.

Debate concluded.

MOTIONS

The Honourable Senator Stewart moved, seconded by the Honourable Senator Corbin:

That the Standing Committee on Foreign Affairs be authorised to examine and report on the growing importance of the Asia Pacific region for Canada;

That the Committee have power to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its examination and consideration of the said order of reference;

That the papers and evidence received and taken on the subject and the work accomplished by the Senate Standing Committee on Foreign Affairs during the Second Session of the Thirty-fifth Parliament be referred to the Committee;

That the Committee have power to adjourn from place to place inside and outside Canada; and

That the Committee submit its final report no later than October 30, 1998 and that the Committee retain all powers necessary to publicize the findings of the Committee contained in the final report until December 15, 1998.

After debate,

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

The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu:

That the Standing Senate Committee on Transport and Communications have power to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.

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

The Honourable Senator Milne moved, seconded by the Honourable Senator Mercier:

That the Standing Senate Committee on Legal and Constitutional Affairs have the power to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.

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

The Honourable Senator Milne moved, seconded by the Honourable Senator Forest:

That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.

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

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report on Immigration Plan for 1998, pursuant to the Immigration Act, R.S.C. 1985, c. 1-2, s 7.-Sessional Paper No. 1/36-201.

Report of the Security Intelligence Review Committee for the fiscal year ended March 31, 1997 pursuant to the Canadian Security Intelligence Review Service Act, R.S.C. 1992, c. 20, s. 192.-Sessional Paper No. 1/36-202.

Report of the Royal Canadian Mounted Police External Review Committee for the fiscal year ended March 31, 1997 pursuant to the Royal Canadian Mounted Police Act, S.C. 1986, c. 11, s. 30, as amended by R.S.C. (2nd Supp.), c. 8.-Sessional Paper No. 1/36-203.

Report of the Canadian Commercial Corporation required by the Access to information Act and the Privacy Act for the period ended March 31, 1997, 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. 1/36-204.

Public Accounts of Canada for the fiscal year ended March 31, 1997, as follows: (1) Volume I - Summary Report and Financial Statements; (2) Volume II, Part 1 - Details of Expenditures and Revenues; and (3) Volume II, Part II - Additional Information and Analyses, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 64(1). -Sessional Paper No. 1/36-205.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Bacon:

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 Social Affairs, Science and Technology

The name of the Honourable Senator Ferretti Barth substituted for that of the Honourable Senator Pepin (October 27).

Committee of Selection

The names of the Honourable Senators Adams, Gigantès and Petten substituted for those of the Honourable Senators Stanbury, Fairbairn and Lewis (October 27).

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Adams substituted for that of the Honourable Senator Watt (October 27).

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