Journals of the Senate
49 Elizabeth II, A.D. 2000, Canada
Journals of the Senate
2nd Session, 36th Parliament
Issue 72
Tuesday, June 27, 2000
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Austin, Bacon, Banks, Beaudoin, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Joyal, Kelleher, Kelly, Kennedy, Keon, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, 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, Setlakwe, Sibbeston, Simard, Squires, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Austin, Bacon, Banks, Beaudoin, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Joyal, Kelleher, Kelly, Kennedy, Keon, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, 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, Setlakwe, Sibbeston, Simard, Squires, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe, Wilson
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Stollery presented the following:TUESDAY, 27 June, 2000
The Standing Senate Committee on Foreign Affairs has the honour to present its
TENTH REPORT
Your Committee, to which was referred Bill C-19, An Act respecting genocide, crimes against humanity and war crimes and to implement the Rome Statute of the International Criminal Court, and to make consequential amendments to other Acts, has examined the said Bill in obedience to its Order of Reference dated, June 22, 2000, and now reports the same without amendment.However, your committee regrets that it did not have sufficient time to give the bill the full attention that the committee would have liked.
Consequently, your committee recommends that an ongoing study be undertaken by a committee of the Senate of issues and concerns arising from the Bill, as well as evolving issues pertaining to the coming into force of the Statute of Rome and the establishment of the International Criminal Court. Your committee recommends that this study be completed within three years.
Respectfully submitted,
PETER STOLLERY
Chairman
The Honourable Senator Stollery moved, seconded by the Honourable Senator Ruck, 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 Senate Public Bills
The Honourable Senator Murray, P.C. presented a Bill S-29, An Act to provide for the recognition of the Canadien Horse as the national horse of Canada.The Bill was read the first time.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Comeau, 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.
Notices of Motions
With leave of the Senate, The Honourable Senator Milne moved, seconded by the Honourable Senator Cordy:That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit at 3:30 p.m. tomorrow, Wednesday, June 28, 2000, even though the Senate may then be sitting, for the purpose of receiving evidence related to its study of Bill C-18, An Act to amend the Criminal Code (impaired driving causing death and other matters), and that Rule 95(4) be suspended in relation thereto.
After debate, The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of 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.The Honourable Senator Boudreau, P.C., moved, seconded by the Honourable Senator Graham, P.C., that the Bill be read the third time.
After debate, The Honourable Senator Kinsella for the Honourable Senator Buchanan, P.C., moved, seconded by the Honourable Senator DeWare, that further debate on the motion be adjourned until later this day.
The question being put on the motion, it was adopted.
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 question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Finestone, P.C., moved, seconded by the Honourable Senator Gauthier, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted. The Senate resumed debate on the motion of the Honourable Senator Boudreau, P.C., seconded by the Honourable Senator Graham, P.C., for the third reading of 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.
After debate, The question being put on the motion, it was adopted on division.
The Bill was then read the third time and passed, on division.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
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The Honourable Senator Hays moved, seconded by the Honourable Senator Kinsella:That, pursuant to Rule 38, in relation to 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, no later than 3:30 p.m. Thursday, June 29, 2000, any proceedings before the Senate shall be interrupted and all questions necessary to dispose of third reading of the Bill shall be put forthwith without further debate or amendment, and that any vote on any of those questions be not further deferred;
That if a standing vote is requested, the bells to call in the Senators be sounded for thirty minutes, so that voting begins at 4:00 p.m.;
That after the first amendment is disposed of, if there are further amendments, the bells be sounded for five minutes after each amendment is disposed of; and
That, if at 6:00 p.m. the business of the Senate has not been completed, the Speaker shall not see the clock.
The question being put on the motion, it was adopted.
Bills
Resuming debate on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Graham, P.C., for the third 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 Watt, seconded by the Honourable Senator Adams, that Bill C-20 be amended in paragraph six of the Preamble to read as follows:
WHEREAS the Supreme Court of Canada has confirmed that, in Canada, the secession of a province, to be lawful, would require an amendment to the Constitution of Canada, that such an amendment would perforce require negotiations in relation to secession involving at least the governments of all of the provinces and the Government of Canada, as well as representatives of the aboriginal peoples of Canada, especially those in the province whose government proposed the referendum on secession, and that those negotiations would be governed by the principles of federalism, democracy, constitutionalism and the rule of law, and the protection of minorities;
and in subclause 3(1) to read as follows:
It is recognized that there is no right under the Constitution of Canada to effect the secession of a province from Canada unilaterally and that, therefore, an amendment to the Constitution of Canada would be required for any province to secede from Canada, which in turn would require negotiations involving at least the governments of all of the provinces and the Government of Canada, and the representatives of the aboriginal peoples of Canada, especially those in the province whose government proposed the referendum on secession.
After debate, With leave of the Senate, In amendment, the Honourable Senator Gauthier moved, seconded by the Honourable Senator Corbin, that Bill C-20 be not now read a third time but that it be amended:
(a) in clause 1, on page 3, by replacing line 40 with the following:
(b) in clause 2, on page 5, by replacing line 2 with the following:"resolutions by the Senate, any formal statements or resolutions by the representatives of the English or French linguistic minority population of each province, especially those in the province whose government is proposing the referendum on secession, any formal state-"; and
After debate, With leave of the Senate, In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Grafstein, that Bill C-20 be not now read a third time but that it be amended:"ate, any formal statements or resolutions by the representatives of the English or French linguistic minority population of each province, especially those in the province whose government proposed the referendum on secession, any formal statements or resolutions by".
(a) on page 2, by adding the following after line 33:
"1. Subject to this Act, the Government of Canada must act at all times in accordance with the principle that Canada is one and indivisible.";
(b) in clause 3, on page 5, by adding the following after line 24:
"(2) Where it has been determined, pursuant to section 3, that there has been a clear expression of a will by a clear majority of the population of a province that the province cease to be part of Canada,
(a) the Government of Canada shall consult the population of Canada, by national referendum, about the proposed secession; and
(b) after the national referendum, the Senate and the House of Commons may, by joint resolution, authorize the Government of Canada to enter into negotiations to effect the secession of the province from Canada, subject to the terms and conditions set out in the resolution."; and
(c) by renumbering clauses 1 to 3 as clauses 2 to 4 and subclause 3(2) as (3), and any cross-references thereto accordingly.
After debate, The Honourable Senator Grafstein moved, seconded by the Honourable Senator Callbeck, that further debate on the motions in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted. Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Ferretti Barth, for the second reading of Bill C-27, An Act respecting the national parks of Canada.
After debate, The Honourable Senator Oliver 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. Ordered, That all remaining Orders under GOVERNMENT BUSINESS be postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-5, An Act to amend the Parliament of Canada Act (Parliamentary Poet Laureate).The Honourable Senator Grafstein moved, seconded by the Honourable Senator Maheu, that the Bill be read the third time.
After debate, The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Rossiter, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted. Resuming debate on the motion of the Honourable Senator Finestone, P.C., seconded by the Honourable Senator Hervieux-Payette, P.C., for the second reading of Bill S-27, An Act to guarantee the human right to privacy.
After debate, The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Finestone, P.C., moved, seconded by the Honourable Senator Cordy, that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted. Order No. 3 was called and postponed until the next sitting in the name of the Honourable Senator Grafstein. Orders No. 4 to 7 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Perrault, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the second reading of Bill S-11, An Act to amend the Criminal Code to prohibit coercion in medical procedures that offend a person's religion or belief that human life is inviolable.
After debate, The Honourable Senator Hays moved, seconded by the Honourable Senator Pépin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Private Bills
Order No. 1 was called and postponed until the next sitting.Reports of Committees
Resuming debate on the motion of the Honourable Senator Chalifoux, seconded by the Honourable Senator Finnerty, for the adoption of the Fifth Report of the Standing Senate Committee on Aboriginal Peoples (power to hire staff and to travel) presented in the Senate on June 21, 2000.After debate, The question being put on the motion, it was adopted. Order No. 2 was called and postponed until the next sitting. Resuming debate on the Motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Mercier, for the adoption of the Seventh Report of the Standing Senate Committee on Social Affairs, Science and Technology entitled: "Quality End-of-Life Care: The Right of Every Canadian", tabled in the Senate on June 6, 2000,
And on the motion in amendment of the Honourable Senator Corbin, seconded by the Honourable Senator Ferretti Barth, that the motion be amended by adding the following words:
"; and
That the Senate request the Government to provide a comprehensive response to the unanimous recommendations contained in this Report within six months of the adoption of this motion."
After debate, The question being put on the motion in amendment, it was adopted.
The question then being put on the main motion, as amended, it was adopted. Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Bacon, for the adoption of the Fourth Report of the Standing Committee on Privileges, Standing Rules and Orders (questions of privilege of Honourable Senators Andreychuk and Bacon) presented in the Senate on April 13, 2000.
The question being put on the motion, it was adopted.
With leave of the Senate, The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Bacon:
That a Message be sent to the House of Commons to inform that House of the recommendations appearing in the Fourth Report of the Standing Committee on Privileges, Standing Rules and Orders, dated April 13, 2000, concerning the premature and unauthorized disclosure of committee reports.
The question being put on the motion, it was adopted.
Order No. 5 was called and postponed until the next sitting. Consideration of the Sixth Report of the Standing Committee on Privileges, Standing Rules and Orders (Question of Privilege raised by Senator Tkachuk), presented in the Senate on June 22, 2000.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., that the Report be adopted.
The question being put on the motion, it was adopted. Consideration of the Seventh Report of the Standing Committee on Privileges, Standing Rules and Orders (length of time of Senators' Statements), presented in the Senate on June 22, 2000.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Moore, that the Report be adopted.
After debate, The question being put on the motion, it was adopted. Consideration of the Eighth Report of the Standing Committee on Privileges, Standing Rules and Orders (changes to Rule 86), presented in the Senate on June 22, 2000.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Banks, that the Report be adopted.
After debate, The Honourable Senator Roche moved, seconded by the Honourable Senator Prud'homme, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 14, 12 (inquiries), 57 (motion), 21, 22, 17 (inquiries), 7 (motion), 6 (inquiry) were called and postponed until the next sitting. Ordered, That notwithstanding Rule 27(3), Order No. 19 (inquiry of the Honourable Senator Carstairs) remain on the Order Paper for another fifteen consecutive sitting days. Order No. 23 (inquiry) was called and postponed until the next sitting._________________________________________
With leave, The Senate reverted to Presentation of Reports From Standing or Special Committees.The Honourable Senator Rompkey, P.C., presented the following:
TUESDAY, June 27, 2000
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
ELEVENTH REPORT
Notwithstanding the Procedural Guidelines for the Financial Operations of Senate Committees, your Committee recommends that the following additional funds be released for fiscal year 2000-2001. These funds are in addition to those recommended by the Committee in its Seventh Report, adopted by the Senate on April 7, 2000 and its Tenth Report, adopted by the Senate on June 7, 2000.
|
Special Committee on Illegal Drugs |
$ 170,062 |
|
Agriculture and Forestry |
$ 1,500 |
Your Committee will continue to review Committee allocations taking into account historical trends of Committee expenditures and possible changes in the structure of Senate Committees.
Respectfully submitted,
WILLIAM ROMPKEY
Chair
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Finestone, P.C., 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 Hays moved, seconded by the Honourable Senator Austin, P.C.:That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, June 28, 2000, at 1:30 p.m.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Hays moved, seconded by the Honourable Senator Mercier: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 Foreign AffairsThe name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Austin (June 27).