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Journals of the Senate

49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament


Issue 64

Thursday, June 8, 2000
2:00 p.m.

The Honourable Rose-Marie Losier-Cool, Speaker pro tempore


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Bacon, Banks, Beaudoin, Berntson, Boudreau, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Cools, Corbin, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Gustafson, Hays, Johnson, Joyal, Kelleher, Kelly, Kenny, Kinsella, Kirby, Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Mercier, Milne, Moore, Murray, Nolin, Oliver, Pearson, Perrault, Pitfield, Poulin (Charette), Poy, Roberge, Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, Sibbeston, Simard, Spivak, Stollery, Stratton, Taylor, Tkachuk, Watt, Wilson

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, *Austin, Bacon, Banks, Beaudoin, Berntson, Boudreau, Bryden, *Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, *Comeau, *Cook, Cools, Corbin, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Gustafson, Hays, Johnson, Joyal, Kelleher, Kelly, Kenny, Kinsella, Kirby, Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, *Mahovlich, Mercier, Milne, Moore, Murray, Nolin, Oliver, Pearson, Perrault, *Perry (Poirier), Pitfield, Poulin (Charette), Poy, Roberge, Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, Sibbeston, Simard, Spivak, Stollery, Stratton, Taylor, Tkachuk, Watt, Wilson

PRAYERS

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 Sixth Report (Bill C-23, An Act to modernize the Statutes of Canada in relation to benefits and obligations) without amendment.

The Honourable Senator Hays moved, seconded by the Honourable Senator Carstairs, 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.

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-11, An Act to authorize the divestiture of the assets of, and to dissolve, the Cape Breton Development Corporation, to amend the Cape Breton Development Corporation Act and to make consequential amendments to other Acts, 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 Watt, that the Bill be placed on the Orders of the Day for a second reading two days hence.

The question being put on the motion, it was adopted. A Message was brought from the House of Commons with a Bill C-25, An Act to amend the Income Tax Act, the Excise Tax Act and the Budget Implementation Act, 1999, 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 Perrault, P.C., that the Bill be placed on the Orders of the Day for a second reading two days hence.

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

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Milne tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the meetings of the Committee on Economic Affairs and Development and the First Part of the 2000 Session of the Council of Europe Parliamentary Assembly, held in London, England, and in Strasbourg, France, from January 18 to 29, 2000. -Sessional Paper No. 2/36-405.

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the 24th European Parliament/Canada Interparliamentary Meeting, held in Brussels, Belgium, from March 18 to 25, 2000. -Sessional Paper No. 2/36-406.

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the meetings of the Committee on Economic Affairs and Development and the Second Part of the 2000 Session of the Council of Europe Parliamentary Assembly, held in Paris, France, from March 29 to 31, and in Strasbourg, France, from April 3 to 7, 2000.-Sessional Paper No. 2/36-407.

Presentation of Petitions

The Honourable Senator Milne presented petitions:

Of Residents of Canada concerning the Statistics Act (census records).

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Finestone, P.C. , seconded by the Honourable Senator Gauthier, for the second reading of Bill C-16, An Act respecting Canadian citizenship.

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

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

Motions

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

That, notwithstanding Rules 63(1) and 63(2), the proceedings on Bill C-12, An Act to amend the Canada Labour Code (Part II) in respect of occupational health and safety, to make technical amendments to the Canada Labour Code (Part I) and to make consequential amendments to other Acts, which took place on Thursday, June 1, 2000, be declared null and void; and

That the Standing Committee on Privileges, Standing Rules and Orders review and make recommendations concerning the procedure described in Erskine May's Parliamentary Practice, Twenty-second Edition, at p. 545, as follows: "If a bill is carried to the other House by mistake, or if any other serious error is discovered, a message is sent to have the bill returned or the error otherwise rectified."

A Point of Order was raised as to the acceptability of the motion.

After debate, The Speaker pro tempore reserved her decision.

The Honourable Senator Hays tabled the following:

Memorandum dated August 7, 1996, concerning motions or orders of the Senate rescinded since 1915 (English text). -Sessional Paper No. 2/36-408S.

Bills

Order No. 2 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 5 were called and postponed until the next sitting.

Commons Public Bills

Orders No. 1 to 3 were called and postponed until the next sitting.

Reports of Committees

Orders No. 1 to 4 were called and postponed until the next sitting. Consideration of the Fourth Report (Interim) of the Standing Senate Committee on Banking, Trade and Commerce entitled: "Export Development Act", tabled in the Senate on March 28, 2000.

The Honourable Senator Kolber moved, seconded by the Honourable Senator Bacon, that the Report be adopted.

After debate, The question being put on the motion, it was adopted. Consideration of the Fifth Report (Interim) of the Standing Senate Committee on Banking, Trade and Commerce entitled: "The Taxation of Capital Gains", tabled in the Senate on May 3, 2000.

The Honourable Senator Kolber moved, seconded by the Honourable Senator Moore, that the Report be adopted.

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

Other

Order No. 69 (motion) was called and postponed until the next sitting. The Order was called to resume debate on the motion of the Honourable Senator Spivak, seconded by the Honourable Senator Chalifoux:

That the Standing Senate Committee on Energy, the Environment, and Natural Resources have power to sit at 5:30 p.m. on Tuesday, June 6 and June 13, 2000, for the purpose of hearing witnesses on its study of Bill S-20, An Act to enable and assist the Canadian tobacco industry in attaining its objective of preventing the use of tobacco products by young persons in Canada, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

Ordered, That the Order be discharged and the motion withdrawn. Orders No. 21, 22, 14, 17 (inquiries), 7 (motion), 6, 19 and 12 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Wilson calling the attention of the Senate to religious freedom in China, in relation to the UN international covenants.

Debate concluded. Orders No. 18 and 23 (inquiries) were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Cools moved, seconded by the Honourable Senator Adams:

That a Special Committee be appointed to examine the civil justice system in Canada, including its operations, costs and availability to litigants, and the role of legal aid in the context of family law, with special emphasis on the impact of false allegations of child or spousal abuse within custody proceedings on both the administration of justice, and on the litigants and their immediate families;

That the Committee have the power to consult broadly, to examine relevant research studies, case law and literature;

That the Senate Special Committee on civil justice in Canada shall be composed of five senators, three of whom shall constitute a quorum;

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

That the Committee have the power to sit during the adjournment of the Senate;

That the Committee have the power to retain the services of professional, technical and clerical staff, including legal counsel;

That the Committee have the power to adjourn from place to place within Canada;

That the Committee have the power to authorize television and radio broadcasting of any or all of its proceedings; and

That the Committee shall make its final report no later than one year from the date of its organization meeting.

After debate, The Honourable Senator Hays moved, seconded by the Honourable Senator Callbeck, 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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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 Poulin:

That when the Senate adjourns today, it do stand adjourned until Tuesday next, June 13, 2000, at 2:00 p.m.

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

ADJOURNMENT

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

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 Transport and Communications

The name of the Honourable Senator Kirby substituted for that of the Honourable Senator Taylor (June 7).

Special Committee of the Senate on Bill C-20

The name of the Honourable Senator De Bané substituted for that of the Honourable Senator Gill (June 7).

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Banks (June 8).


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