Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 28
Tuesday, December 9, 1997
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Bolduc, Bonnell, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cogger, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Doyle, Fairbairn, Ferretti Barth, Forest, Forrestall, Ghitter,, Gigantès, Grafstein, Graham, Grimard, Gustafson, Haidasz, Hays, Hébert, Hervieux-Payette, Jessiman, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Petten, Phillips, Pitfield, Poulin, Rivest, Roberge, Robertson, Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Sparrow, Spivak, Stanbury, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan, Wood
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Ghitter, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Second Report (Bill C-7, An Act to establish the Saguenay-St. Lawrence Marine Park and to make a consequential amendment to another Act) without amendment.The Honourable Senator Butts 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 Kirby, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Sixth Report (Bill C-10, An Act to implement a convention between Canada and Sweden, a convention between Canada and the Republic of Lithuania, a convention between Canada and the Republic of Kazakhstan, a convention between Canada and the Republic of Iceland and a convention between Canada and the Kingdom of Denmark for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and to amend the Canada-Netherlands Income Tax ConventionAct, 1986 and the Canada-United States Tax Convention Act, 1984) without amendment.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Whelan, P.C., 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 Gustafson, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Second Report (budget-study on the present state of agriculture in Canada).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.
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Comeau, 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 Gustafson, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Third Report (budget-study on the present state of forestry in Canada).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.
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Jessiman, 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 Rompkey, P.C., presented the following:TUESDAY, December 9, 1997
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SEVENTH REPORT
Your Committee notes the attendance record of Senator Thompson and recommends that, effective immediately:1. Senator Thompson's use of the Senate resources ordinarily made available to him for the carrying out of his parliamentary functions, including funds, goods, services and premises, be suspended;
2. Senator Thompson's allowances for travel and telecommunications expenses be suspended, with the exception of his expenses for travel between his place of residence in Ontario and the Senate in Ottawa; and
3. Senator Thompson may apply in person to have this decision varied to the Standing Committee on Internal Economy, Budgets and Administration, which the Committee has the authority to do.Your Committee, in conjunction with the Standing Committee on Privileges, Standing Rules and Orders, is continuing to study this issue.
Respectfully submitted,
WILLIAM ROMPKEY
Chair
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator De Bané, P.C., 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.
Government Notices of Motions
With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Fairbairn, P.C.:That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, December 10, 1997, at 1:30 p.m.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator De Bané, P.C., tabled the following:Report of the Canadian Section of the Assemblée Internationale des Parlementaires de Langue Française respecting its participation at the AIPLF Bureau meeting, held in Luxembourg on July 5, 1997.-Sessional Paper No. 1/36-292.
Report of the Canadian Section of the Assemblée Internationale des Parlementaires de Langue Française respecting its participation at the XXIIIrd ordinary session of the AIPLF, held in Luxembourg, from July 7 to 10, 1997. -Sessional Paper No. 1/36-293.
Notices of Motions
With leave of the Senate, The Honourable Senator Stewart moved, seconded by the Honourable Senator Lewis:That the Standing Senate Committee on Foreign Affairs have power to sit at 3:15 p.m. tomorrow, Wednesday, December 10, 1997, even though the Senate may be sitting, and that Rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Carstairs tabled the following:Reply to Question No. 13, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of the Environment.-Sessional Paper No. 1/36-294S.
Reply to Question No. 26, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Justice.-Sessional Paper No. 1/36-295S.
Reply to Question No. 31, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Multiculturalism.-Sessional Paper No. 1/36-296S.
Reply to Question No. 34, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Natural Resources.-Sessional Paper No. 1/36-297S.
Reply to Question No. 60, dated October 21, 1997, appearing on the Order Paper in the name of the Honourable Senator Forrestall, respecting the Clothe the Soldier Project.-Sessional Paper No. 1/36-298S.
Reply to Question No. 61, dated October 21, 1997, appearing on the Order Paper in the name of the Honourable Senator Forrestall, respecting the Armoured Personnel Carrier Replacement Program.-Sessional Paper No. 1/36-299S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill C-2, An Act to establish the Canada Pension Plan Investment Board and to amend the Canada Pension Plan and the Old Age Security Act and to make consequential amendments to other Acts.After debate,
The Honourable Senator Gigantès moved, seconded by the Honourable Senator Stanbury, that further debate on the motion be adjourned until 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 with a Bill C-5, An Act respecting cooperatives, to which they desire the concurrence of the Senate.The Bill was read the first time.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Wood, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, December 11, 1997.
The question being put on the motion, it was adopted.
Bills
Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Ferretti Barth, for the second reading of Bill C-16, An Act to amend the Criminal Code and the Interpretation Act (powers to arrest and enter dwellings),And on the motion in amendment of the Honourable Senator Cools, seconded by the Honourable Senator Sparrow, that the motion be amended by deleting all the words after "That" and substituting the following therefor:
"Bill C-16, An Act to amend the Criminal Code and the Interpretation Act (powers to arrest and enter dwellings), be not now read a second time because
(a) the Senate is opposed to the principle of a bill which has been placed before Parliament as a result of the judgment of the Supreme Court of Canada of May 22, 1997, and of the Court's Orders of June 27 and November 19, 1997;
(b) the Senate finds it repugnant that the Supreme Court is infringing on the sovereign rights of Parliament to enact legislation and is failing to respect the constitutional comity between the courts and Parliament; and
(c) the Court is in effect coercing Parliament by threatening chaotic consequences respecting law enforcement and arrests if Parliament does not pass this bill."After debate, In amendment, the Honourable Senator Phillips moved, seconded by the Honourable Senator Wood, that the motion in amendment be amended by deleting the word "and" at the end of paragraph (b) and by adding the following after paragraph (c):
"(d) the Court, by its Order of November 19, 1997 that Bill C-16 must be enacted by December 19, 1997, is impeding proceedings in Parliament and is subordinating the Senate of Canada; and
(e) the Court is usurping the royal prerogative of the Sovereign who, with the advice and consent of Parliament, keeps and upholds the Queen's Peace and the public peace and security of all.".The Speaker reserved his decision on the acceptability of the sub-amendment. Order No. 4 was called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Pépin, seconded by the Honourable Senator Lucier, for the adoption of the Report of the Special Joint Committee to Amend Section 93 of the Constitution Act 1867 concerning the Quebec School System, deposited with the Clerk of the Senate on November 7, 1997.After debate,
The question being put on the motion, it was adopted on division.Motions
Order No. 1 was called and postponed until the next sitting. The Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent) for the Honourable Senator Graham, P.C., moved, seconded by the Honourable Senator Mercier:WHEREAS the Government of Quebec has indicated that it intends to establish French and English linguistic school boards in Quebec;
AND WHEREAS the National Assembly of Quebec has passed a resolution authorizing an amendment to the Constitution of Canada;
AND WHEREAS the National Assembly of Quebec has reaffirmed the established rights of the English-speaking community of Quebec, specifically the right, in accordance with the law of Quebec, of members of that community to have their children receive their instruction in English language educational facilities that are under the management and control of that community and are financed through public funds;
AND WHEREAS section 23 of the Canadian Charter of Rights and Freedoms guarantees to citizens throughout Canada rights to minority language instruction and minority language educational facilities under the management and control of linguistic minorities and provided out of public funds;
AND WHEREAS section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;
NOW THEREFORE the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.
SCHEDULE
AMENDMENT TO THE CONSTITUTION OF CANADA
CONSTITUTION ACT, 1867
1. The Constitution Act, 1867, is amended by adding, immediately after section 93, the following:"93A. Paragraphs (1) to (4) of section 93 do not apply to Quebec."
CITATION
2. This Amendment may be cited as the Constitution Amendment, (year of proclamation) (Quebec).After debate, The Honourable Senator Kinsella for the Honourable Senator Simard moved, seconded by the Honourable Senator DeWare, that further debate on the motion 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.Reports of Committees
Consideration of the Sixth Report of Standing Committee on Internal Economy, Budgets and Administration (budgets for certain committees), presented in the Senate on December 4, 1997.The Honourable Senator Carstairs for the Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Hébert, that the Report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 8 (inquiry), 3 and 1 (motions) were called and postponed until the next sitting.MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-17, An Act to amend the Telecommunications Act and the Teleglobe Canada Reorganization and Divestiture Act, to which they desire the concurrence of the Senate.The Bill was read the first time.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Hébert, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, December 11, 1997.
The question being put on the motion, it was adopted.
A Message was brought from the House of Commons with a Bill C-9, 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, to which they desire the concurrence of the Senate.The Bill was read the first time.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Hébert, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, December 11, 1997.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Watt moved, seconded by the Honourable Senator Adams:That the Standing Senate Committee on Aboriginal Peoples be authorized to examine and report upon the recommendations of the Royal Commission Report on Aboriginal Peoples (Sessional paper 2/35-508) respecting Aboriginal governance and, in particular, seek the comments of Aboriginal peoples and of other interested parties on :
1. the new structural relationships required between Aboriginal peoples and the federal, provincial and municipal levels of government and between the various Aboriginal communities themselves;
2. the mechanisms of implementing such new structural relationships;
3. the models of Aboriginal self-government required to respond to the needs of Aboriginal peoples and to complement these new structural relationships; andThat the Committee present its report no later than November 30, 1999.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of Port Programs and Divestiture on the financial operations of Canada's Public Harbours and Ports, for the fiscal year ended March 31, 1997, pursuant to the Public Harbours and Port Facilities Act, R.S.C. 1985, c. P-29, s. 26.-Sessional Paper No. 1/36-290A.Report of the Operations under Part II of the Export Credits Insurance Act, for the fiscal year 1996-97, pursuant to the Act, R.S.C. 1952, c. 105, s. 27.-Sessional Paper No. 1/36-291A.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Hébert:That the Senate do now adjourn.
The question being put on the motion, it was adopted.