Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 113
Thursday, February 18, 1999
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, Carney, Carstairs, Cochrane, Cohen, Cools, De Bané, DeWare, Di Nino, Eyton, Fairbairn, Fitzpatrick, Forrestall, Gauthier, Gill, Grafstein, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kenny, Keon, Kinsella, Kroft, Lavoie-Roux, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Phillips, Poulin (Charette), Prud'homme, Rivest, Roberge, Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Sparrow, Spivak, 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, Carney, Carstairs, *Chalifoux, Cochrane, Cohen, *Comeau, *Cook, Cools, *Corbin, De Bané, DeWare, Di Nino, *Doody, Eyton, Fairbairn, Fitzpatrick, Forrestall, Gauthier, Gill, Grafstein, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, 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, Phillips, Poulin (Charette), Prud'homme, Rivest, Roberge, Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, 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 Milne presented the following:THURSDAY, February 18, 1999
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWENTY-FIRST REPORT
Your Committee, to which was referred 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, has, in obedience to the Order of Reference of Thursday, December 10, 1998, examined the said Bill and now reports the same without amendment.Your Committee does, however, feel it is important to underscore certain issues concerning the context in which the Nunavut Court of Justice is to operate. Your Committee is of the view that the fair administration and implementation of justice in the new territory of Nunavut requires great vigilance. Your Committee considers this to be particularly the case in respect of the appointment and training of justices of the peace, who will play a pivotal role in the Nunavut justice system. It is equally essential that minority rights be protected in all other areas of justice delivery.
Respectfully submitted,
LORNA MILNE
Chair
The Honourable Senator Milne moved, seconded by the Honourable Senator Adams, 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 Stratton, Chair of the Standing Senate Committee on National Finance, presented its Eighth Report (Bill C-41, An Act to amend the Royal Canadian Mint Act and the Currency Act) without amendment.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Maheu, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Kroft, seconded by the Honourable Senator Moore, for the third reading of Bill C-59, An Act to amend the Insurance Companies Act.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.
With leave of the Senate, The Honourable Senator Lynch-Staunton tabled the following:
Letter to the Leader of the Opposition in the Senate from the Superintendent of Financial Institutions, dated February 18, 1999, regarding the proposed demutualization regulations. (English text)-Sessional Paper No. 1/36-1043S.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Cohen, for the adoption of the Twenty-first Report of the Standing Senate Committee on Banking, Trade and Commerce (motion and message relating to the amendments to Bill C-20, An Act to amend the Competition Act and to make consequential and related amendments to other Acts), presented in the Senate on February 16, 1999.After debate, The question being put on the motion, it was adopted.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate concur in the amendments made by the House of Commons to its amendments to Bill C-20.
OTHER BUSINESS
Senate 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.Consideration of the First Report (Interim) of the Special Committee of the Senate on Transportation Safety and Security, deposited with the Clerk of the Senate on January 28, 1999.
After debate, The Honourable Senator Forrestall for the Honourable Senator Spivak moved, seconded by the Honourable Senator Johnson, that further debate on consideration of the Report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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With leave, The Senate reverted to Presentation of Reports From Standing or Special Committees. The Honourable Senator Stratton, Chair of the Standing Senate Committee on National Finance, tabled its Ninth Report entitled: "Retention and Compensation Issues in the Public Service". -Sessional Paper No. 1/36-1044S.ORDERS OF THE DAY
OTHER BUSINESS
Reports of Committees
Orders No. 3 and 4 were called and postponed until the next sitting. Consideration of the Fifteenth Report of Standing Senate Committee on Social Affairs, Science and Technology (Bill S-10, An Act to amend the Excise Tax Act, with an amendment) presented in the Senate on December 9, 1998.The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Cochrane, that the Report be adopted.
After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Joyal, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Ordered, That Order No. 1 (other) under Other be brought forward.COMMITTEE OF THE WHOLE
Pursuant to the Order adopted on October 29, 1998, the Senate was adjourned during pleasure and put into a Committee of the Whole on the Report of the Privacy Commissioner for the period ended March 31, 1998, the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent) in the Chair.-In the Committee-
Pursuant to Order, Mr. Bruce Phillips, Privacy Commissioner, was escorted to a seat in the Senate Chamber.After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator DeWare:
That the Committee rise, and that the Chair report that they have concluded their deliberations.
The question being put on the motion, it was adopted.
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The sitting of the Senate resumed. The Chair of the Committee reported that it had concluded its deliberations.ORDERS OF THE DAY
OTHER BUSINESS
Reports of Committees
Consideration of the Seventeenth Report (Interim) of the Standing Senate Committee on Banking, Trade and Commerce entitled: "A Blueprint for Change" (Volumes I, II and III), tabled in the Senate on December 2, 1998.After debate, The Honourable Senator Oliver for the Honourable Senator Tkachuk moved, seconded by the Honourable Senator DeWare, that further debate on consideration of the Report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 44, 46, 39 (inquiries), 118, 45 (motions), 50, 48, 51, 34 (inquiries), 88 (motion), 23, 47, 49 (inquiries) and 1 (motion) were called and postponed until the next sitting.INQUIRIES
The Honourable Senator Roche called the attention of the Senate to the urgency of the Government of Canada saying "no" to becoming involved in a U.S. missile-defense system; and the need for the Government of Canada to contribute to peace by implementing the 15 recommendations in the report of the Standing Committee on Foreign Affairs and International Trade, entitled: Canada and the Nuclear Challenge: Reducing the Political Value of Nuclear Weapons for the Twenty-first Century.After debate, The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Simard, 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 Kinsella moved, seconded by the Honourable Senator DeWare:That the Senate of Canada finds unacceptable and rejects the article and contest dealing with a Member of Parliament as published in the February 1999 Canadian edition of Hustler Magazine; and
That a Message be sent to the House of Commons requesting that House support the contents of the aforementioned motion.
After debate, The question being put on the motion, it was adopted.
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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 Pépin:
That when the Senate adjourns today, it do stand adjourned until Tuesday, March 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 Employment Equity in the Federal Public Service for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(1).-Sessional Paper No. 1/36-1029.Report on Employment Equity of the Atomic Energy Control Board for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-1030.
Report on Employment Equity of the Canadian Forces Personnel Support Agency for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-1031.
Report on Employment Equity of the Canadian Security Intelligence Service for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(5).-Sessional Paper No. 1/36-1032.
Report on Employment Equity of the Communications Security Establishment for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-1033.
Report on Employment Equity of the National Energy Board for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-1034.
Report on Employment Equity of the National Film Board of Canada for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-1035.
Report on Employment Equity of the National Research Council of Canada for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-1036.
Report on Employment Equity of the Natural Sciences and Engineering Research Council of Canada for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-1037.
Report on Employment Equity of the Office of the Auditor General of Canada for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-1038.
Report on Employment Equity of the Office of the Superintendent of Financial Institutions Canada for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-1039.
Report on Employment Equity of the Statistical Survey Operations for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3). -Sessional Paper No. 1/36-1040.
Report on Employment Equity of the Canadian Food Inspection Agency for the fiscal year ended March 31, 1998, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-1041.
Document entitled "Report to Parliament of Canada's participation during 1996-97 in the Regional Development Banks".-Sessional. Paper No. 1/36-1042.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Joyal, P.C.: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 AffairsThe name of the Honourable Senator Pearson substituted for that of the Honourable Senator Fraser (February 17).
The names of the Honourable Senators Fraser, Adams and Fraser substituted for those of the Honourable Senators Pearson, Fraser and Adams (February 18).
Standing Senate Committee on National Finance
The name of the Honourable Senator DeWare substituted for that of the Honourable Senator Eyton (February 17).
The names of the Honourable Senators Butts, De Bané, Fraser and Mahovlich substituted for those of the Honourable Senators Fraser, Mahovlich, Butts and De Bané (February 18).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Ruck substituted for that of the Honourable Senator Poy (February 18).