47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

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Issue 100

Thursday, December 3, 1998
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Keon, Kinsella, Kroft, Lavoie-Roux, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Spivak, Stewart, Stratton, Tkachuk, Watt, Whelan

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, *Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, *Johnstone, Joyal, Kelleher, Kelly, *Kenny, Keon, Kinsella, *Kirby, Kroft, Lavoie-Roux, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, *Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, *Phillips, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Spivak, Stewart, Stratton, Tkachuk, Watt, Whelan

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Stratton, Chair of the Standing Senate Committee on National Finance, presented its Seventh Report (Supplementary Estimates (B) 1998-99).

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")

The Honourable Senator Stratton moved, seconded by the Honourable Senator Gustafson, 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, Deputy Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Eighteenth Report (Bill C-20, An Act to amend the Competition Act and to make consequential and related amendments to other Acts) without amendment but with observations.

(The observations are printed as Appendix "B")

The Honourable Senator Callbeck moved, seconded by the Honourable Senator Losier-Cool, 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.

Government Notices of Motions

With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Perrault, P.C.:

That when the Senate adjourns today, it do stand adjourned until Monday next, December 7, 1998, at 4:00 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 Murray, P.C., presented the following:

Thursday, December 3, 1998

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

FOURTEENTH REPORT

Your Committee, to which was referred Bill S-20, An Act to amend the Act of incorporation of the Roman Catholic Episcopal Corporation of Mackenzie, has, in obedience to the Order of Reference of Thursday, October 29, 1998, examined the said Bill and now reports the same with the following amendments:

1. Page 1, Preamble: replace line 9 with the following:

"of Mackenzie was erected into the Diocese of Mackenzie-Fort Smith by".

2. Page 1, Clause 1:

(a) replace line 27 with the following:

"1. The long title "; and

(b) replace lines 30 to 32 with the following:

"An Act to incorporate the Roman Catholic Episcopal Corporation of Mackenzie-Fort Smith".

3. Page 2, Clause 2:

(a) replace line 1 with the following:

"2. Section 1 of the"; and

(b) replace lines 3 to 9 with the following:

"1. The Right Reverend Gabriel Breynat, and his successors, being Vicars Apostolic of the Vicariate Apostolic of Mackenzie and Bishops of the Diocese of Mackenzie-Fort Smith, in communion with the Church of Rome, are hereby incorporated under the name of "The Roman Catholic Episcopal Corporation of Mackenzie-Fort Smith", hereinafter called "the Corporation".".

Respectfully submitted,

LOWELL MURRAY

Chairman

The Honourable Senator Murray, P.C., for the Honourable Senator Taylor moved, seconded by the Honourable Senator Maloney, 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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The Honourable Senator Graham tabled the following:

Letter to the Leader of the Government in the Senate from the British Columbia Civil Liberties Association, dated 30 November, 1998, concerning the RCMP Public Complaints Commission Hearings into the events surrounding the November 1997 APEC meetings. (English Text)-Sessional Paper No. 1/36-944S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Lucier, for the second reading of Bill C-51, An Act to amend the Criminal Code, the Controlled Drugs and Substances Act and the Corrections and Conditional Release Act.

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

The Bill was then read the second time.

The Honourable Senator Moore moved, seconded by the Honourable Senator Ferretti Barth, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

The question being put on the motion, it was adopted. Second reading of Bill S-21, An Act respecting the corruption of foreign public officials and the implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and to make related amendments to other Acts.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Gill, 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 Carstairs moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the Bill be referred to a Committee of the Whole presently.

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

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

December 3, 1998

Mr. Speaker:

I have the honour to inform you that the Honourable Charles Gonthier, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 3rd day of December, 1998, at 5:45 p.m. for the purpose of giving Royal Assent to certain Bills.

Yours sincerely,

Judith A. LaRocque

Secretary to the Governor General

The Honourable The Speaker of the Senate Ottawa

COMMITTEE OF THE WHOLE

The Senate was accordingly adjourned during pleasure and put into a Committee of the Whole on the Bill S-21, An Act respecting the corruption of foreign public officials and the implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and to make related amendments to other Acts, the Honourable Senator Corbin in the Chair.

-In the Committee-

Pursuant to Rule 21, the Honourable Lloyd Axworthy, P.C., M.P., Minister of Foreign Affairs, was escorted to a seat in the Senate Chamber. The title of the Bill was read and postponed.

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Clause 1, the short title of the Bill, was read and postponed.

Debate.

With leave, Mr. Wesley Cragg, Chairman and President, and Mr. Michael Davies, Vice-President, General Counsel and Secretary, Transparency International Canada, were escorted to seats in the Senate Chamber.

Debate.

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Clauses 2 to 12 of the Bill were read.

The question of concurrence being put on Clauses 2 to 12 of the Bill, it was adopted.

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Clause 1, the short title of the Bill, was again read.

The question of concurrence being put on Clause 1, the short title of the Bill, it was adopted.

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The title of the Bill was again read.

The question of concurrence being put on the title of the Bill, it was adopted.

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The sitting of the Senate resumed. The Chairman of the Committee stated that the Committee had examined Bill S-21 and had directed him to report the same to the Senate, without amendment.

With leave of the Senate, The Honourable Senator Pépin moved, seconded by the Honourable Senator Joyal, P.C., that the Bill be read the third time now.

After debate, In amendment, the Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella, that the Bill be not now read a third time but that it be amended:

(a) by adding the following after line 35, on page 6:

"ANNUAL REPORT

12. Within four months of the end of each fiscal year, the Minister of Foreign Affairs, the Minister for International Trade and the Minister of Justice and Attorney General of Canada shall jointly prepare a report on the implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and on the enforcement of this Act, and the Minister of Foreign Affairs shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is completed."; and

(b) by renumbering clause 12 as clause 13 and any cross-references thereto accordingly.

The question being put on the motion in amendment, it was adopted. The Senate resumed debate on the motion of the Honourable Senator Pépin, seconded by the Honourable Senator Joyal, P.C., for the third reading of Bill S-21, as amended.

After debate, The question being put on the motion, 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 to which they desire their concurrence. Orders No. 3 and 1 were called and postponed until the next sitting.

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Pursuant to Rule 135(8), the proceedings were interrupted to resume after Royal Assent.

ROYAL ASSENT

The Senate adjourned during pleasure to await the arrival of the Honourable the Deputy of His Excellency the Governor General. After awhile, the Honourable Charles Joseph Doherty Gonthier, a Puisne Judge 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 Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-

"It is the desire of the Honourable the Deputy of His 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 Parks Canada Agency and to amend other Acts as a consequence (Bill C-29, Chapter 31, 1998)

An Act to implement the Comprehensive Nuclear Test-Ban Treaty (Bill C-52, Chapter 32, 1998)

An Act to implement an agreement between Canada and the Socialist Republic of Vietnam, an agreement between Canada and the Republic of Croatia and a convention between Canada and the Republic of Chile, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (Bill S-16, Chapter 33, 1998).

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-

"In Her Majesty's name, the Honourable the Deputy of His Excellency the Governor General doth assent to these Bills."

6:25 p.m. The Commons withdrew. After which the Honourable the Deputy of His Excellency the Governor General was pleased to retire.

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With leave, The Senate reverted to Notices of Motions.

With leave of the Senate, The Honourable Senator Forrestall for the Honourable Senator Gustafson moved, seconded by the Honourable Senator Lynch-Staunton:

That the Standing Senate Committee on Agriculture and Forestry have power to continue sitting at 4:00 p.m. on Monday next, December 7, 1998, 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.

ORDERS OF THE DAY

OTHER BUSINESS

Senate Public Bills

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

Commons Public Bills

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

Reports of Committees

Orders No. 1 to 3 were called and postponed until the next sitting.

Other

Orders No. 50, 49 and 34 (inquiries) were called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Carstairs calling the attention of the Senate to the magnitude of family violence in our society and, in particular, the need for collaborative efforts to seek solutions to the various aspects of this form of violence.

After debate, The Honourable Senator Kinsella for the Honourable Senator Robertson moved, seconded by the Honourable Senator Forrestall, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 99, 45, 1 (motions), 39, 46, 44, 15 (inquiries), 1 (other), 88 (motion), 42 and 23 (inquiries) were called and postponed until the next sitting.

MOTIONS

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

That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit on Monday, December 7, 1998, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

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

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

Summaries of the Corporate Plan for 1998-2002 and the Operating and Capital Budgets for 1998 of VIA Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 1/36-943.

ADJOURNMENT

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

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 Banking, Trade and Commerce

The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Kirby (December 2).

The names of the Honourable Senators Kirby, Perrault and Maloney substituted for those of the Honourable Senators Fraser, Kirby and Austin (December 3).

Standing Senate Committee on Aboriginal Peoples

The name of the Honourable Senator Adams substituted for that of the Honourable Senator Losier-Cool (December 2).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Rompkey (December 3).

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