Journals of the Senate
49 Elizabeth II, A.D. 2000, Canada
Journals of the Senate
2nd Session, 36th Parliament
Issue 56
Tuesday, May 16, 2000
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stollery, Stratton, Taylor, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stollery, Stratton, Taylor, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:Report of the Privacy Commissioner for the period ending March 31, 2000, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, s. 40(1).-Sessional Paper No. 2/36-367.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-26, An Act to amend the Canada Transportation Act, the Competition Act, the Competition Tribunal Act and the Air Canada Public Participation Act and to amend another Act in consequence, to which they desire the concurrence of the Senate.The Bill was read the first time.
The Honourable Senator Hays moved, seconded by the Honourable Senator Poy, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, May 18, 2000.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
The Honourable Senator Hays moved, seconded by the Honourable Senator Kinsella:That, pursuant to Rule 38, no later than 3:00 p.m. on Thursday, May 18, 2000, any proceedings before the Senate shall be interrupted and all questions necessary to dispose of the motion of the Honourable Senator Boudreau, P.C., for the second reading of Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference, shall be put without further debate or amendment, and that any votes on any of those questions not be further deferred; and
That if a standing vote is requested, the bells to call in the Senators be sounded for thirty minutes, so that the vote takes place at 3:30 p.m.
After debate, The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):
That a special committee of the Senate be appointed to consider, after second reading, the Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference;
That, notwithstanding Rule 85(1)(b), the committee be comprised of fifteen members, including:
Senator Joan Fraser
Senator Céline Hervieux-Payette, P.C.
Senator Colin Kenny
Senator Marie P. Poulin (Charette)
Senator George Furey
Senator Richard Kroft
Senator Thelma Chalifoux
Senator Lorna Milne
Senator Aurélien Gill;That four members constitute a quorum;
That the committee have power to send for persons, papers and records, to examine witnesses, and to print such papers and evidence from day to day as may be ordered by the committee;
That the committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings; and
That the committee have power to retain the services of professional, clerical, stenographic and such other staff as deemed advisable by the committee.
After debate, In amendment, the Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Robertson, that the motion be amended by adding the following words:
After debate, Pursuant to the Order adopted by the Senate on May 11, 2000, all questions relating to the appointment of a special committee to consider Bill C-20 will be put at 5:30 p.m. today."That upon completion of its report and prior to its tabling in the Senate, the Committee forward the report to the Standing Senate Committee on Legal and Constitutional Affairs for opinion and comment on the Bill, in particular its constitutionality."
Bills
Resuming debate on the motion of the Honourable Senator Boudreau, P.C., seconded by the Honourable Senator Hays, for the second reading of Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference.After debate, In amendment, the Honourable Senator Stratton moved, seconded by the Honourable Senator Lynch-Staunton, that the motion be amended by deleting all the words after the word "That" and substituting the following therefor:
Debate. Third reading of Bill S-18, An Act to amend the National Defence Act (non-deployment of persons under the age of eighteen years to theatres of hostilities)."Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference, be not now read a second time but that the Order be discharged, the Bill withdrawn and the subject-matter thereof referred to the Standing Senate Committee on Legal and Constitutional Affairs."
The Honourable Senator Pearson moved, seconded by the Honourable Senator Adams, that the Bill be read the third time.
Debate.
___________________________________________
At 5:30, pursuant to the Order adopted by the Senate on May 11, 2000, and Rule 66(3), the Senate proceeded to put the question on the motion in amendment of the Honourable Senator Lynch-Staunton to the motion of the Honourable Senator Hays, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), concerning the appointment of a special committee to consider Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference.The question was put on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Robertson, that the motion be amended by adding the following words:
"That upon completion of its report and prior to its tabling in the Senate the Committee forward the report to Standing Senate Committee on Legal and Constitutional Affairs for opinion and comment on the Bill, in particular its constitutionality."The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk , Atkins, Beaudoin, Bolduc, Buchanan, Carney, Cochrane, Cogger, Cohen, Comeau, Corbin, DeWare, Di Nino, Doody, Forrestall, Grimard, Gustafson, Johnson, Kelleher, Kelly, Keon, Kinsella, LeBreton, Lynch-Staunton, Nolin, Oliver, Rivest, Roberge, Robertson, Rossiter, Simard, Spivak, Stratton-33NAYS
The Honourable Senators
Adams, Austin, Bacon, Banks, Boudreau, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, De Bané, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Fraser, Furey, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Joyal, Kenny, Kirby, Kroft, Lawson, Mahovlich, Mercier, Milne, Pearson, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin, Poy, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Stollery, Taylor, Watt, Wiebe-46ABSTENTIONS
The Honourable Senators
Cools, Roche-2The question was then put on the motion of the Honourable Senator Hays, seconded by the Honourable Senator, Robichaud, P.C. (L'Acadie-Acadia):
That a special committee of the Senate be appointed to consider, after second reading, the Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference;That, notwithstanding Rule 85(1)(b), the committee be comprised of fifteen members, including:
Senator Joan Fraser, Senator Céline Hervieux-Payette, P.C., Senator Colin Kenny, Senator Marie P. Poulin (Charette), Senator George Furey, Senator Richard Kroft, Senator Thelma Chalifoux, Senator Lorna Milne, Senator Aurélien Gill;That four members constitute a quorum;
That the committee have power to send for persons, papers and records, to examine witnesses, and to print such papers and evidence from day to day as may be ordered by the committee;
That the committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings; andThat the committee have power to retain the services of professional, clerical, stenographic and such other staff as deemed advisable by the committee.
The motion was adopted on the following division:YEAS
The Honourable Senators
Adams, Austin, Bacon, Banks, Boudreau, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Corbin, De Bané, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Fraser, Furey, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Joyal, Kenny, Kirby, Kroft, Lawson, Mahovlich, Mercier, Milne, Pearson, Pépin, Perrault, Perry (Poirier), Poulin, Poy, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Stollery, Watt, Wiebe-45NAYS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Bolduc, Buchanan, Carney, Cochrane, Cogger, Cohen, Comeau, Cools, DeWare, Di Nino, Doody, Forrestall, Grimard, Gustafson, Johnson, Kelleher, Kelly, Keon, Kinsella, LeBreton, Lynch-Staunton, Nolin, Oliver, Rivest, Roberge, Robertson, Rossiter, Simard, Spivak, Stratton-33ABSTENTIONS
The Honourable Senators
Pitfield, Roche, Taylor-3Bills
The Senate resumed debate on the motion of the Honourable Senator Pearson, seconded by the Honourable Senator Adams, for the third reading of Bill S-18, An Act to amend the National Defence Act (non-deployment of persons under the age of eighteen years to theatres of hostilities).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 to which they desire their concurrence.
The Senate resumed debate on the motion of the Honourable Senator Boudreau, P.C., seconded by the Honourable Senator Hays, for the second reading of Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference,And on the motion in amendment of the Honourable Senator Stratton, seconded by the Honourable Senator Lynch-Staunton, that the motion be amended by deleting all the words after the word "That" and substituting the following therefor:
"Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference, be not now read a second time but that the Order be discharged, the Bill withdrawn and the subject-matter thereof referred to the Standing Senate Committee on Legal and Constitu tional Affairs."After debate, The Honourable Senator DeWare for the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Cohen, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill C-22, An Act to facilitate combatting the laundering of proceeds of crime, to establish the Financial Transactions and Reports Analysis Centre of Canada and to amend and repeal certain Acts in consequence.The Honourable Senator Kroft moved, seconded by the Honourable Senator Bacon, that the Bill be read the second time.
After debate, The Honourable Senator Kinsella for the Honourable Senator Kelleher, P.C., moved, seconded by the Honourable Senator DeWare, that further debate on the motion be adjourned until the next sitting.The question being put on the motion, it was adopted.
Second reading of Bill S-22, A First Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.The Honourable Senator De Bané, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be read the second time.
After debate, The Honourable Senator DeWare for the Honourable Senator Beaudoin moved, seconded by the Honourable Senator Atkins, that further debate on the motion be adjourned until the next sitting.The question being put on the motion, it was adopted.
Order No. 1 was called and postponed until the next sitting.Motions
Order No. 2 was withdrawn (Notice of Motion, pursuant to Rule 39, concerning the motion relating to the appointment of a special committee to consider Bill C-20).Reports of Committees
Consideration of the Fourth Report of the Standing Senate Committee on Transport and Communications (Bill S-17, An Act respecting marine liability, and to validate certain by-laws and regulations, with amendments) presented in the Senate on May 9, 2000.The Honourable Senator Bacon moved, seconded by the Honourable Senator Wiebe, that the Report be adopted.
After debate, The question being put on the motion, it was adopted.The Honourable Senator Hays moved, seconded by the Honourable Senator Mercier, that the Bill, as amended, 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._________________________________________________
Ordered, That Order No. 3 under OTHER BUSINESS, Commons Public Bills be brought forward.Second reading of Bill C-445, An Act to change the name of the electoral district of Rimouski-Mitis.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent), that the Bill be read the second time.After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator DeWare, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted._________________________________________________
Ordered, That all remaining Orders be postponed until the next sitting._________________________________________________
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 Perrault, P.C.:
That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, May 17, 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; andThat 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 of the Department of Foreign Affairs and International Trade on Canada's State of Trade for the year 2000.-Sessional Paper No. 2/36-364.Amendments to the Operating and Capital Budgets for 2000 of the Canada Mortgage and Housing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 2/36-365.
Summaries of the Corporate Plan for the period 2000-2001 to 2004-2005 and of the Operating and Capital Budgets for 2000-2001 of the Farm Credit Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). -Sessional Paper No. 2/36-366.ADJOURNMENT
The Honourable Senator Hays moved, seconded by the Honourable Senator Perrault, P.C.:That the Senate do now adjourn.
The question being put on the motion, it was adopted._________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional AffairsThe name of the Honourable Senator Murray removed from the membership (May 15).
Standing Senate Committee on Agriculture and ForestryThe name of the Honourable Senator LeBreton substituted for that of the Honourable Senator St. Germain (May 15).
The name of the Honourable Senator St. Germain substituted for that of the Honourable Senator LeBreton (May 16).Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Corbin and Pépin substituted for those of the Honourable Senators Fairbairn and Banks (May 15).Standing Joint Committee on Official Languages
The name of the Honourable Senator Perry (Poirier) substituted for that of the Honourable Senator Fraser (May 16).