Journals of the Senate
47 Elizabeth II, A.D. 1998, Canada
Journals of the Senate
Issue 104
Thursday, December 10, 1998
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Hervieux-Payette, Johnstone, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, LeBreton, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Phillips, Poulin, Poy, Prud'homme, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Sparrow, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Hervieux-Payette, Johnstone, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, LeBreton, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Mahovlich, Maloney, * Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Phillips, Poulin, Poy, Prud'homme, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Sparrow, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan
PRAYERS
Tribute was paid to the memory of Mrs. Shaughnessy Cohen, Member of the House of Commons, whose death occurred December 9, 1998.
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Milne, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Seventeenth Report (Bill C-42, An Act to amend the Tobacco Act) without amendment.With leave of the Senate, The Honourable Senator Milne moved, seconded by the Honourable Senator Mahovlich, that the Bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-59, An Act to amend the Insurance Companies 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 Fairbairn, P.C., that the Bill be placed on the Orders of the Day for a second reading on Monday next, December 14, 1998.
The question being put on the motion, it was adopted. The Honourable Senator Carstairs presented a Bill S-23, An Act to amend the Carriage by Air Act to give effect to a Protocol to amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air and to give effect to the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier.
The Bill was read the first time.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be placed on the Orders of the Day for a second reading on Monday next, December 14, 1998.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Stollery tabled the following:Report of the Canadian Delegation of the Canada-Europe Parliamentary Association to the April Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from April 20 to 24, 1998.-Sessional Paper No. 1/36-957.
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association to meetings of the Council of Europe Parliamentary Assembly in Paris and Strasbourg, France, from June 17 to 26, 1998.-Sessional Paper No. 1/36-958.
Notices of Motions
With leave of the Senate, The Honourable Senator Rompkey, P.C. moved, seconded by the Honourable Senator Chalifoux:That the Standing Committee on Internal Economy, Budgets and Administration have power to sit at 7:00 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Pépin, seconded by the Honourable Senator Poulin, for the second reading of Bill C-57, An Act to amend the Nunavut Act with respect to the Nunavut Court of Justice and to amend other Acts in consequence.After debate, The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Pépin moved, seconded by the Honourable Senator Cook, 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. Third reading of Bill C-42, An Act to amend the Tobacco Act.
The Honourable Senator Mahovlich moved, seconded by the Honourable Senator Butts, that the Bill be read the third time.
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, without amendment. Second reading of Bill C-43, An Act to establish the Canada Customs and Revenue Agency and to amend and repeal other Acts as a consequence.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Pépin, that the Bill be read the second time.
After debate, The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Bolduc, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted. Resuming debate on the motion of the Honourable Senator Fraser, seconded by the Honourable Senator Ruck, for the second reading of Bill C-40, An Act respecting extradition, to amend the Canada Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act and to amend and repeal other Acts in consequence.
Debate.
DEFERRED DIVISIONS
At 5:30 p.m., and pursuant to Rule 66(3), the Senate proceeded to the taking of the deferred recorded division on the motion in amendment of the Honourable Senator Adams to the motion of the Honourable Senator Butts, seconded by the Honourable Senator Milne, for the third reading of Bill C-38, An Act to amend the National Parks Act (creation of Tuktut Nogait National Park).The question was put on the motion in amendment of the Honourable Senator Adams, seconded by the Honourable Senator Corbin, that the Bill be not now read a third time, but that it be referred to the Standing Senate Committee on Aboriginal Peoples for further consideration.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Adams, Andreychuk, Atkins, Beaudoin, Berntson, Bolduc, Buchanan, Cochrane, Cohen, Comeau, Corbin, DeWare, Di Nino, Doody, Forrestall, Gill, Gustafson, Kelleher, Kinsella, Lavoie-Roux, LeBreton, Lynch-Staunton, Murray, Nolin, Oliver, Phillips, Prud'homme, Roberge, Robertson, Rossiter , Simard, Sparrow, Stratton, Tkachuk, Watt-35NAYS
The Honourable Senators
Austin, Bacon, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cook, Cools, De Bané, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Grafstein, Graham, Hervieux-Payette, Johnstone, Joyal, Kenny, Kirby, Kroft, Losier-Cool, Lucier, Maheu, Mahovlich, Mercier, Milne, Moore, Pearson, Pépin, Poulin, Poy, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Ruck, Stewart, Taylor-40ABSTENTIONS
The Honourable Senators
Whe lan-1 The question was then put on the motion of the Honourable Senator Butts, seconded by the Honourable Senator Milne, for the third reading of Bill C-38, An Act to amend the National Parks Act (creation of Tuktut Nogait National Park).The motion was adopted on the following division:
YEAS
The Honourable Senators
Austin, Bacon, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cook, Cools, De Bané, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Grafstein, Graham, Hervieux-Payette, Johnstone, Joyal, Kenny, Kirby, Kroft, Losier-Cool, Lucier, Maheu, Mahovlich, Mercier, Milne, Moore, Pearson, Pépin, Poulin, Poy, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Ruck, Sparrow, Stewart, Stollery, Taylor, Whelan-43NAYS
The Honourable Senators
Adams, Andreychuk, Atkins, Beaudoin, Berntson, Bolduc, Buchanan, Cochrane, Cohen, Comeau, DeWare, Di Nino, Doody, Forrestall, Gustafson, Kelleher, Kinsella, Lavoie-Roux, LeBreton, Lynch-Staunton, Murray, Nolin, Oliver, Phillips, Prud'homme, Roberge, Robertson, Rossiter, Simard, Tkachuk, Watt-31ABSTENTIONS
The Honourable Senators
Cor bin-1 Accordingly the Bill was 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.
Bills
The Senate resumed debate on the motion of the Honourable Senator Fraser, seconded by the Honourable Senator Ruck, for the second reading of Bill C-40, An Act respecting extradition, to amend the Canada Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act and to amend and repeal other Acts in consequence.The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Ruck, 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.
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The Honourable the Speaker informed the Senate that a communication had been received from the Deputy Secretary to the Governor General.The Communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
December 10, 1998Mr. 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 10th day of December, 1998, at 9:00 p.m. for the purpose of giving Royal Assent to certain Bills.
Yours sincerely,
Anthony P. Smyth
Deputy Secretary, Policy, Program and Protocol
The HonourableThe Speaker of the Senate
Ottawa
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With leave, The Senate reverted to SENATORS' STATEMENTS. Some Honourable Senators made statements.ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 5 and 6 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Callbeck, for the third reading of Bill C-20, An Act to amend the Competition Act and to make consequential and related amendments to other Acts,And on the motion in amendment of the Honourable Senator Oliver, seconded by the Honourable Senator Tkachuk, that the Bill be not now read a third time but that it be amended:
(a) in clause 19
(i) on page 14, by deleting lines 31 to 46;
(ii) on page 15, by deleting lines 1 to 42.
(b) in clause 47, on page 39, by
(i) deleting the heading before clause 47 and clause 47;
(ii) renumbering clauses 48 to 55 as clauses 47 to 54 and any cross-references thereto accordingly.After debate, With leave of the Senate and pursuant to Rule 30, the motion in amendment was modified to read as follows:
That the Bill be not now read a third time but that it be amended in clause 19:
(i) on page 14, by deleting lines 31 to 46;
(ii) on page 15, by deleting lines 1 to 42.The question being put on the motion in amendment, as modified, it was adopted.
The question then being put on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Callbeck, for the third reading of Bill C-20, as amended, it was adopted.
The Bill, as amended, 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, with certain amendments, to which they desire their concurrence.
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
Order No. 1 was called and postponed until the next sitting. Resuming debate on the consideration of the Final Report of the Special Joint Committee on Child Custody and Access entitled: "For the Sake of the Children", tabled in the Senate on December 9, 1998.After debate, The Honourable Senator DeWare moved, seconded by the Honourable Senator Atkins, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted. Order No. 3 was called and postponed until the next sitting. Consideration of the Twenty-ninth Report of the Standing Committee on Internal Economy, Budgets and Administration (supplementary budgets of certain Committees) presented in the Senate on December 9, 1998.
The Honourable Senator Carstairs for the Honourable Senator Rompkey, P.C. moved, seconded by the Honourable Senator Mercier, that the Report be adopted.
The question being put on the motion, it was adopted.
Orders No. 5 and 6 were called and postponed until the next sitting.
Other
Orders No. 50, 34, 46 (inquiries), 88 (motion), 42, 23 and 47 (inquiries) were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Kinsella:That Rule 86(1) of the Rules of the Senate be amended by inserting immediately after paragraph (q) the following new paragraph (r):
"(r) The Senate Committee on Human Rights and Fundamental Freedoms, composed of twelve members, four of whom shall constitute a quorum, to which shall be referred, on order of the Senate, bills, messages, petitions, inquiries, papers and other matters relating to the protection of human rights and fundamental freedoms".After debate, In amendment, the Honourable Senator Carstairs moved, seconded by the Honourable Senator Joyal, P.C., that the motion be not now adopted but that it be referred to the Standing Committee on Privileges, Standing Rules and Orders for consideration and report.
The question being put on the motion in amendment, it was adopted. Orders No. 48 and 49 (inquiries) were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Kinsella:
That the Senate congratulate the Government of Ontario for providing financial assistance to all those who contracted Hepatitis C, regardless of when the infection occurred.
After debate, The question being put on the motion, it was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Berntson, Bolduc, Buchanan, Cochrane, Cohen, Comeau, DeWare, Di Nino, Forrestall, Keon, Kinsella, Lavoie-Roux , LeBreton, Lynch-Staunton, Nolin, Oliver, Prud'homme, Robertson, Rossiter, Simard-23NAYS
The Honourable Senators
Bacon, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cook, Cools, Corbin, De Bané, Fraser, Gill, Graham, Hervieux-Payette, Johnstone, Joyal, Kenny, Kirby, Kroft, Losier-Cool, Lucier, Maheu, Mahovlich, Mercier, Milne, Pearson, Pépin, Poulin, Poy, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Stewart, Stollery, Taylor, Watt, Whelan-37ABSTENTIONS
The Honourable Senators
Nil
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Ordered, That Order No. 42 (inquiry) be again called. Resuming debate on the inquiry of the Honourable Senator Wilson calling the attention of the Senate to the fiftieth anniversary year of the Universal Declaration on Human Rights, and its implications for Canada.After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Cook, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted. Orders No. 45, 1 (motions), 39, 44, 15 (inquiries) and 1 (other) were called and postponed until the next sitting.
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Ordered, That Order No. 2 under Reports of Committees, set down on the Orders of the Day for the next sitting, be brought forward. Resuming debate on the consideration of the Final Report of the Special Joint Committee on Child Custody and Access entitled: "For the Sake of the Children", tabled in the Senate on, December 9, 1998.After debate, The Honourable Senator Kinsella for the Honourable Senator DeWare moved, seconded by the Honourable Senator Atkins, that further debate on the consideration of the Report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Milne called the attention of the Senate to the journey of the Canada-Europe Parliamentary Association delegation to the Council of Europe Parliamentary Assembly, in Strasbourg, France.After debate, The Honourable Senator Prud'homme, P.C. moved, seconded by the Honourable Senator Carstairs, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Carstairs for the Honourable Senator Kirby moved, seconded by the Honourable Senator Bacon:That, notwithstanding the order of reference adopted by the Senate on Wednesday, October 22, 1997, the Standing Senate Committee on Banking, Trade and Commerce be authorised to extend the date for the presentation of its final report on the state of the financial system in Canada from December 10, 1998 to December 10, 1999; and
That, notwithstanding usual practices, if the Senate is not sitting when the report is completed, the Committee be authorised to deposit it with the Clerk of the Senate, and that the said report shall thereupon be deemed to have been tabled in the Chamber.
After debate, With leave of the Senate, the motion was modified to read as follows:
That, notwithstanding the order of reference adopted by the Senate on Wednesday, October 22, 1997, the Standing Senate Committee on Banking, Trade and Commerce be authorised to extend the date for the presentation of its final report on the state of the financial system in Canada from December 10, 1998 to February 28, 1999; and
That, notwithstanding usual practices, if the Senate is not sitting when the report is completed, the Committee be authorised to deposit it with the Clerk of the Senate, and that the said report shall thereupon be deemed to have been tabled in the Chamber.
The question being put on the motion, as modified, it was adopted.
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Pursuant to Rule 135(4), the sitting was suspended until 8:55 p.m. The sitting resumed.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 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 (Bill S-21, Chapter 34, 1998)
An Act to amend the National Defence Act and to make consequential amendments to other Acts (Bill C-25, Chapter 35, 1998)
An Act to increase the availability of financing for the establishment, expansion, modernization and improvement of small businesses (Bill C-53, Chapter 36, 1998)
An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts (Bill C-3, Chapter 37, 1998)
An Act to amend the Tobacco Act (Bill C-42, Chapter 38, 1998)
An Act to amend the National Parks Act (creation of Tuktut Nogait National Park) (Bill C-38, Chapter 39, 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."
9:12 p.m.
The Speaker of the House of Commons addressed the 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 Bill:
An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1999 (Bill C-60, Chapter 40, 1998),
To which Bill I humbly request Your Honour's Assent."
After one of the Clerks at the Table read the title of the Bill-
To this Bill 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 thanks her loyal subjects, accepts their benevolence and assents to this Bill."
9:15 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 Government Notices of Motions.With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Bacon:
That when the Senate adjourns today, it do stand adjourned until Tuesday, February 2, 1999, at 2:00 p.m.
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 the financial operations of Canada's Public Harbours and Ports for the fiscal year ended March 31, 1998, pursuant to the Public Harbours and Port Facilities Act, R.S. 1985, c. P-29, s. 26.-Sessional Paper No. l/36-954.Report of the Canadian Dairy Commission, together with the Auditor General's report, for the year ended July 31, 1998, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs 150(1).-Sessional Paper No. l/36-955.
Summaries of the Corporate Plan for the period 1998-99 to 2002-03 and of the Operating and Capital Budgets for 1998-99 of the Canadian Dairy Commission, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4). -Sessional Paper No. l/36-956.
ADJOURNMENT
The Honourable Senator Carstairs 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)
Special Committee of the Senate on Transportation Safety and SecurityThe name of the Honourable Senator Chalifoux substituted for that of the Honourable Senator Adams (December 9).