Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 116
Thursday, March 4, 1999
2:00 p.m.
The Honourable Fernand Robichaud, P.C., Acting Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Beaudoin, Berntson, Bryden, Buchanan, Butts, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Di Nino, Doody, Fairbairn, Ferretti Barth, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Gustafson, Hervieux-Payette, Johnson, Johnstone, Joyal, Kenny, Keon, Kinsella, Kirby, Kroft, Lavoie-Roux, LeBreton, Lewis, Lucier, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Moore, Oliver, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin (Charette), Prud'homme, Roberge, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rossiter, St. Germain, Simard, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan, Wilson,
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Beaudoin, Berntson, Bryden, Buchanan, Butts, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Di Nino, Doody, Fairbairn, Ferretti Barth, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Gustafson, Hervieux-Payette, Johnson, Johnstone, Joyal, Kenny, Keon, Kinsella, Kirby, Kroft, Lavoie-Roux, LeBreton, Lewis, *Losier-Cool, Lucier, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, *Molgat, Moore, *Nolin, Oliver, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin (Charette), Prud'homme, *Rivest, Roberge, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rossiter, St. Germain, Simard, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan, Wilson
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, March 4, 1999
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWENTY-SECOND REPORT
Your Committee, to which was referred Bill C-51, An Act to amend the Criminal Code, the Controlled Drugs and Substances Act and the Corrections and Conditional Release Act, has, in obedience to the Order of Reference of Thursday, December 3, 1998, examined the said Bill and now reports the same without amendment but with the following observations:The Committee agrees with the proposed amendments in Clauses 5 and 18(2), enacting Criminal Code ss. 186(5.1) and (5.2) and 492.1(5), respectively, which provide for the judicially-authorized removal of electronic surveillance devices after lawful surveillance has been concluded. The proposed amendments will create certainty with respect to the authorization process, on which the statute is presently silent. Some members of the Committee expressed concerns about the degree of certainty created, however, and the Committee would like to suggest that the Government review this matter in more detail and that it should conduct a policy or legislative review of privacy which includes the subject of electronic surveillance.
Two specific issues might be considered in this context. It was noted that, while the legislation now provides the basis for removing devices, and it is understood that the police generally seek removal as quickly as is feasible after an investigation is concluded, there is no specific statutory requirement to remove devices when they are no longer needed. Consideration might be given to the enactment of such a requirement, having regard to the practical requirements of protecting investigations and investigative techniques. It was also noted that, while there are detailed provisions setting the terms and conditions for installing devices and conducting authorized surveillance, the amendment provides only that the judge or justice who authorizes removal do so on "...any terms and conditions that the judge [justice] considers advisable in the public interest...". Consideration might be given to enacting more specific requirements governing removal, possibly when more is known about judicial application of the new provisions to actual cases in future.
Your Committee heard testimony about the significant expansion in gambling in Canada during the last decades, particularly the last 15 years. We were told that expansion has occurred without a full review of the social, economic, and legal aspects of gambling and charitable gaming in Canada. The Committee members are concerned that decisions regarding gambling are being made without adequate information. We are of the view that this is an issue that must be addressed and, therefore, we would urge the federal government, in cooperation with the provinces, to establish an independent public enquiry to review the impact that the gaming industry in Canada has on the economy, local communities, individuals and on human and social development. The Committee would like to stress that the advent of on-line gambling makes the creation of such an enquiry even more critical. We note that the United States Congress also had concerns with respect to gambling issues. In June of 1996, it established an independent commission, the National Gambling Impact Study Commission, to conduct a comprehensive legal and factual study of the social and economic impacts of gambling on governments and on communities and social institutions, including the individuals, families and businesses which compose them. That Commission is due to report in June 1999.
Respectfully submitted,
LORNA MILNE
Chair
The Honourable Senator Milne moved, seconded by the Honourable Senator Bryden, 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 Maheu presented the following:
THURSDAY, March 4, 1999
The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its
EIGHTH REPORT
Pursuant to its mandate under Rule 86(1)(f)(i), your Committee has examined the issue of a common set of standing rules and orders for joint committees of the Senate and the House of Commons. This work was based on the recommendations that were made in the last Parliament by an informal working group, on which Senators Gauthier and Grimard represented your Committee.Your Committee believes that there is much merit in having a common set of rules relating to joint committees. The Appendix contains the proposed Standing Rules and Orders for Joint Committees, as adopted by your Committee.
While there continue to be some minor differences in the versions approved by your Committee and the House of Commons Standing Committee on Procedure and House Affairs, your Committee believes that these could best be resolved by the leadership of the Senate and House of Commons.
Your Committee, therefore, recommends:
(a) that the leadership of the Senate enter into discussions with the leadership of the House of Commons with a view to the adoption of a common set of standing rules and orders for joint committees of the two chambers along the lines of that contained in the Appendix; and
(b) that your Committee approve any changes to the Appendix before they are presented to the Senate for final approval.Respectfully submitted,
SHIRLEY MAHEU
Chair
(The Appendix to the Report is printed as an Appendix)The Honourable Senator Maheu moved, seconded by the Honourable Senator Ferretti Barth, 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 Tuesday next, March 9, 1999, at 2:00 p.m.
The question being put on the motion, it was adopted.
Reading of Petitions for Private Bills
The Third Report of the Examiner of Petitions for Private Bills was tabled (Sessional Paper No. 1/36-1057S) and reads as follows:-THURSDAY, March 4, 1999
Pursuant to Rule 107(2), the Examiner of Petitions for Private Bills has the honour to present his
THIRD REPORT
Your Examiner has duly examined the following petition and finds that the requirements of the Rules of the Senate have been complied with in all material respects:-Of The Certified General Accountants' Association of Canada, of the City of Montreal, in the Province of Quebec; praying for the passage of an Act respecting the Certified General Accountants' Association of Canada
Respectfully submitted,
GARY W. O'BRIEN
Examiner of Petitions for Private Bills
The following petition was read and received:-Of The Certified General Accountants' Association of Canada, of the City of Montreal, in the Province of Quebec; praying for the passage of an Act respecting the Certified General Accountants' Association of Canada.
Introduction and First Reading of Private Bills
The Honourable Senator Kirby presented a Bill S-25, An Act respecting the Certified General Accountants Association of Canada.The Bill was read the first time.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Stewart, that the Bill be placed on the Orders of the Day for a second reading on Thursday, March 18, 1999.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Oliver for the Honourable Senator Hays tabled the following:Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the Seventh Annual Meeting of the Asia-Pacific Parliamentary Forum, held in Lima, Peru, from January 10 to 14, 1999. -Sessional Paper No. 1/36-1058.
Notices of Motions
With leave of the Senate, Honourable Senator Stewart moved, seconded by the Honourable Senator Butts:That the Standing Senate Committee on Foreign Affairs be authorized to participate in a joint meeting with the House of Commons Standing Committee on Foreign Affairs and International Trade on Wednesday, March 10, 1999, at 3:30 p.m. concerning nuclear disarmament issues: and
That the Committee be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
After debate, The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
Resuming debate on the motion of the Honourable Senator Carstairs seconded by the Honourable Senator Callbeck:That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Estimates for the fiscal year ending March 31, 2000, with the exception of Parliament Vote 10 and Privy Council Vote 25.
After debate, With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Estimates for the fiscal year ending March 31, 2000, with the exception of Fisheries and Oceans Votes 1, 5 and 10; Parliament Vote 10; and Privy Council Vote 25.
The question being put on the motion, as modified, it was adopted.
With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Pépin:
That the Standing Senate Committee on Fisheries be authorized to examine the expenditures set out in Fisheries and Oceans Votes 1, 5 and 10 of the Estimates for the fiscal year ending March 31, 2000; and
That the Committee present its report no later than December 10, 1999.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.Reports of Committees
Consideration of the Sixteenth Report of the Standing Senate Committee on Social Affairs, Science and Technology entitled: "Raising the Bar: Creating a New Standard in Veterans Health Care", deposited with the Clerk of the Senate on February 25, 1999.Debate concluded. Orders No. 2 to 8 were called and postponed until the next sitting.
Other
Orders No. 44, 58, 48 (inquiries), 1 (motion), 59, 46, 39 (inquiries), 118, 45 (motions), 50, 51, 34 (inquiries), 88 (motion) 23, 47 and 49 (inquiries) were called and postponed until the next sitting.INQUIRIES
The Honourable Senator Cools called the attention of the Senate:(a) to the judgment of the Supreme Court of Canada in the sexual assault case Her Majesty the Queen v. Steve Brian Ewanchuk, delivered February 25, 1999, which judgment reversed the Alberta Court of Appeal's judgment upholding the trial court's acquittal;
(b) to the intervenors in this case, being the Attorney General of Canada, Women's Legal Education and Action Fund, Disabled Women's Network Canada and Sexual Assault Centre of Edmonton;
(c) to the Supreme Court of Canada's substitution of a conviction for the acquittals of two Alberta courts;
(d) to the lengthy concurring reasons for judgment by Supreme Court of Canada Madame Justice Claire L'Heureux-Dube, which reasons condemn the decision-making of Mr. Justice John Wesley McClung of the Alberta Court of Appeal and the decision of the majority of the Alberta Court of Appeal;
(e) to Mr. Justice John Wesley McClung's letter published in the National Post on February 26, 1999, reacting to Madame Justice L'Heureux-Dube's statements about him contained in her concurring reasons for judgement;
(f) to the nation-wide, extensive commentary and public discussion on the matter; and
(g) to the issues of judicial activism and judicial independence in Canada today.After debate, The Honourable Senator Carstairs for the Honourable Senator Grafstein moved, seconded by the Honourable Senator Maheu, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Maheu: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 National FinanceThe name of the Honourable Senator Tkachuk substituted for that of the Honourable Senator DeWare (March 3).