49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament

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Issue 27

Tuesday, February 15, 2000
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, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Pearson, Pépin, Perry (Poirier), Pitfield, Poulin (Charette), Prud'homme, Rivest, Roberge, Robertson, Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Sibbeston, Simard, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt, Wilson

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, *Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, *Furey, Gauthier, Ghitter, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Pearson, Pépin, Perry (Poirier), Pitfield, Poulin (Charette), Prud'homme, Rivest, Roberge, Robertson, Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Sibbeston, Simard, Sparrow, Spivak, St. Germain, Stollery, Stratton, Tkachuk, Watt, Wilson

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Watt, Chair of the Standing Senate Committee on Aboriginal Peoples, tabled its Third Report entitled: "Forging New Relationships: Aboriginal Governance in Canada".-Sessional Paper No. 2/36-259S.

With leave of the Senate, The Honourable Senator Watt moved, seconded by the Honourable Senator Chalifoux, that the Report be placed on the Orders of the Day for consideration later this day.

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

Presentation of Petitions

The Honourable Senator Milne presented petitions:

Of Citizens of Canada, the United States and the United Kingdom concerning the Statistics Act (census records).

MESSAGES FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons to return Bill C-7, An Act to amend the Criminal Records Act and to amend another Act in consequence,

And to acquaint the Senate that the Commons have agreed to the amendments made by the Senate to this Bill, without amendment.

ORDERS OF THE DAY

OTHER BUSINESS

Senate Public Bills

Resuming debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Pépin, for the second reading of Bill S-2, An Act to facilitate the making of legitimate medical decisions regarding life-sustaining treatments and the controlling of pain.

After debate, The Honourable Senator Cools moved, seconded by the Honourable Senator Watt, that further debate on the motion be adjourned until the next sitting.

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

Orders No. 2 to 5 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Kinsella, seconded by the Honourable Senator DeWare, for the second reading of Bill S-13, An Act to assist in the prevention of wrongdoing in the Public Service by establishing a framework for education on ethical practices in the workplace, for dealing with allegations of wrongdoing and for protecting whistleblowers.

After debate, The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Robertson, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 7 to 9 were called and postponed until the next sitting.

Commons Public Bills

Second reading of Bill C-202, An Act to amend the Criminal Code (flight).

The Honourable Senator Moore moved, seconded by the Honourable Senator Poulin, that the Bill be read the second time.

After debate, The Honourable Senator Kinsella for the Honourable Senator Ghitter moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. Order No. 2 was called and postponed until the next sitting.

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The Speaker having drawn the attention of the Senate to citation 1035(3) of Beauchesne's 6th Edition, which states: "A petition signed by both Canadian citizens and foreigners has been received by the House with unanimous consent.",

With leave, The Senate accepted the petitions presented earlier this day.

Reports of Committees

Order No. 1 was called and postponed until the next sitting. Consideration of the Fourth Report of the Standing Senate Committee on Foreign Affairs entitled: "Europe Revisited: Consequences of Increased European Integration For Canada", tabled in the Senate on November 17, 1999.

After debate, The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Nolin, that further debate on consideration of the Report be adjourned until the next sitting.

The question being put on the motion, it was adopted. Consideration of the Second Report of the Standing Senate Committee on Energy, the Environment and Natural Resources (power to hire staff and to travel) presented in the Senate on December 15, 1999.

The Honourable Senator Spivak moved, seconded by the Honourable Senator Rossiter, that the Report be adopted.

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

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Ordered, That the Third Report of the Standing Senate Committee on Aboriginal Peoples, tabled in the Senate earlier this day, be considered after Orders of the Day and Notices of Inquiries and Motions.

Other

Orders No. 5 (motion), 9, 6, 12, 1 (inquiries), 4 (motion), 11 and 8 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Simard calling the attention of the Senate to the situation vis-à-vis the development and vitality of francophone and Acadian communities, its gradual deterioration, the growing indifference of governments in Canada over the past ten years, and the lack of access to services in French.

Debate concluded.

MOTIONS

The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella:

That a Special Committee of the Senate be appointed to examine and report on two significant matters which involve the conduct of chain of command of the Canadian Forces, both in-theatre and at National Defence Headquarters and its response to operational, decision making and administrative problems encountered during the Somalia deployment to the extent that these matters have not been examined by the Commission of Inquiry into the Deployment of Canadian Forces to Somalia and allegations that Canadian soldiers were exposed to toxic substances in Croatia between 1993 and 1995, and the alleged destruction of medical records of personnel serving in Croatia;

That the Committee in examining these issues may call witnesses from whom it believes it may obtain evidence relevant to these matters including but not limited to :

1. The present Minister of Defence in relation to both matters;

2. Former Ministers of National Defence in relation to both matters;

3. The then Deputy Minister of National Defence in relation to both matters;

4. The then Acting Chief of Staff of the Minister of National Defence in relation to the Somalia occurrence;

5. The then special advisor to the Minister of National Defence (M. Campbell) in relation to the Somalia occurrence;

6. The then special advisor to the Minister of National Defence (J. Dixon) in relation to the Somalia occurrence;

7. The persons occupying the position of Judge Advocate General during the relevant period in relation to the Somalia occurrence;

8. The then Deputy Judge Advocate General (litigation) in relation to the Somalia occurrence; and

9. The then Chief of Defence Staff and Deputy Chief of Defence Staff in relation to both occurrences.

That seven Senators, nominated by the Committee of Selection act as members of the Special Committee, and that three members constitute a quorum;

That the Committee have power to send for persons, papers and records, to examine witnesses under oath, to report from time to time and to print such papers and evidence from day to day as may be ordered by the Committee;

That the Committee have power to authorize television and radio broadcasting, as it deems appropriate, of any or all of its proceedings;

That the Committee have the power to engage the services of such counsel and other professional, technical, clerical and other personnel as may be necessary for the purposes of its examination;

That the political parties represented on the Special Committee be granted allocations for expert assistance with the work of the Committee;

That it be empowered to adjourn from place to place within and outside Canada;

That the Committee have the power to sit during sittings and adjournments of the Senate;

That the Committee submit its report not later than one year from the date of it being constituted, provided that, if the Senate is not sitting, the report will be deemed submitted on the day such report is deposited with the Clerk of the Senate.

After debate, The Honourable Senator Bryden moved, seconded by the Honourable Senator Finnerty, 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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Pursuant to Order, the Senate proceeded to the consideration of the Third Report of the Standing Senate Committee on Aboriginal Peoples entitled: "Forging New Relationships: Aboriginal Governance in Canada", tabled in the Senate earlier this day.

After debate, The Honourable Senator Johnson 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. 

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With leave, The Senate reverted to Government Notices of Motions.

With leave of the Senate, The Honourable Senator Hays moved, seconded by the Honourable Senator Moore:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, February 16, 2000, at 1:30 p.m.;

That at 3:30 p.m. tomorrow, if the business of the Senate has not been completed, the Speaker shall interrupt the proceedings to adjourn the Senate;

That should a division be deferred until 5:30 p.m. tomorrow, the Speaker shall interrupt the proceedings at 3:30 p.m. to suspend the sitting until 5:30 p.m. for the taking of the deferred division; and

That all matters on the Orders of the Day and on the Notice Paper, which have not been reached, shall retain their position.

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 administration of the Canadian Forces Superannuation Act for the fiscal year ended March 31, 1999, pursuant to the Act, R.S.C. 1985, c. C-17, ss. 57 and 72. -Sessional Paper No. 2/36-257.

Report on the operation of the Canadian Multiculturalism Act for the fiscal year ended March 31, 1999, pursuant to the Act, R.S.C. 1985, c. 24 (4th Supp.), s. 8-Sessional Paper No. 2/36-258.

ADJOURNMENT

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

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 Social Affairs, Science and Technology

The names of the Honourable Senators Beaudoin and Corbin substituted for those of the Honourable Senators Robertson and Kirby (February 14).

Standing Senate Committee on Banking, Trade and Commerce

The name of the Honourable Senator Fitzpatrick substituted for that of the Honourable Senator Grafstein (February 14).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Johnson (February 15).

Standing Joint Committee on Official Languages

The name of the Honourable Senator Pépin added to the membership (February 15).

The names of the Honourable Senators Finestone and Maheu substituted for those of the Honourable Senators Robichaud (L'Acadie-Acadia) and Losier-Cool (February 15).

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