Journals of the Senate
45 Elizabeth II, A.D. 1996, Canada
Journals of the Senate
Issue 42
Tuesday, October 22, 1996
2:00 p.m.
The Honourable Gerald R. Ottenheimer, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams Anderson Andreychuk Atkins Beaudoin Berntson Bolduc Bonnell Bryden Buchanan Carney Carstairs Cochrane Cogger Cohen Comeau Cools Corbin DeWare Di Nino Doody Doyle Fairbairn Forrestall Ghitter Gigantès Grafstein Graham Grimard Gustafson Haidasz Hays Hébert Hervieux-Payette Jessiman Johnson Kelleher Kelly Kenny Keon Kinsella Kirby Landry Lavoie-Roux Lawson LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Marchand Mercier Milne Moore Murray Nolin Oliver Ottenheimer Pearson Petten Phillips Poulin Prud'homme Riel Rivest Rizzuto Robertson Rompkey Rossiter St. Germain Simard Sparrow Spivak Stanbury Stewart Stollery Stratton Taylor Tkachuk Watt
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Ottenheimer, Speaker pro tempore, took the Chair, pursuant to Rule 11.
PRAYERS.
The Honourable the Speaker pro tempore informed the Senate that a communication had been received from the Deputy Secretary to the Governor General.
The Communication was then read by the Honourable the Speaker pro tempore as follows:
RIDEAU HALL
October 22, 1996
Mr. Speaker:
I have the honour to inform you that the Honourable Peter de C. Cory, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 22nd day of October, 1996, at 4:15 p.m. for the purpose of giving Royal Assent to certain Bills.
Yours sincerely,
Anthony P. Smyth
Deputy Secretary, Policy, Program and Protocol
The Speaker of the Senate
Ottawa
DAILY ROUTINE OF BUSINESS
Government Notices of Motions
With leave of the Senate,The Honourable Senator Graham moved, seconded by the Honourable Senator Kirby:
That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, October 23, 1996, at 1:30 p.m.
The question being put on the motion, it was adopted.
Notices of Motions
With leave of the Senate,The Honourable Senator Gustafson moved, seconded by the Honourable Senator Taylor:
That the Standing Senate Committee on Agriculture and Forestry have power to sit at 3:15 p.m. today, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-42, An Act to amend the Judges Act and to make consequential amendments to another Act.
The Honourable Senator Bryden moved, seconded by the Honourable Senator Stollery, that the Bill be read the third time.
After debate,
The Honourable Senator Nolin moved, seconded by the Honourable Senator Comeau, 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 Milne, seconded by the Honourable Senator Carstairs, for the second reading of Bill C-45, An Act to amend the Criminal Code (judicial review of parole ineligibility) and another Act.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Milne moved, seconded by the Honourable Senator Anderson, 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.
Reports of Committees
Resuming the debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator De Bané, P.C., for the adoption of the Thirteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (amend ment to the Constitution of Canada, Term 17 of the Terms of Union of Newfoundland with Canada), deposited with the Clerk of the Senate on July 17, 1996.
And on the motion in amendment of the Honourable Senator Doody, seconded by the Honourable Senator Kinsella, that the Report be not now adopted but that it be amended by deleting the words "without amendment, but with a dissenting opinion" and substituting therefor the following:
"with the following amendment:
Delete the words in paragraph (b) of Term 17 that precede subparagraph (i) and substitute therefor the words: "where numbers warrant,"".
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Bolduc, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other Business
Senate Public Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Whelan, P.C., seconded by the Honourable Senator Losier-Cool, for the second reading of Bill C-216, An Act to amend the Broadcasting Act (broadcasting policy).
After debate,
The Honourable Senator Bolduc moved, seconded by the Honourable Senator Graham, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Resuming the debate on the consideration of the Second Report of the Standing Senate Committee on Foreign Affairs (Special Study on European Relations), deposited with the Clerk of the Senate on July 18, 1996.
After debate,
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Haidasz, P.C., that further debate on consideration of the Report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 to 6 were called and postponed until the next sitting.
Other
Orders No. 15, 13, 16 (inquiries), 22 (motion), 7, and 6 (inquiries) were called and postponed until the next sitting.
Order No. 2 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of the Honourable the Deputy of His Excellency the Governor General.
After awhile, the Honourable Peter deC. Cory, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of His Excellency the Governor General, having come and being seated at the foot of the Throne-
The Honourable the Speaker commanded the Gentleman Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-
"It is the desire of the Honourable the Deputy of His Excellency the Governor General that they attend him immediate ly in the Senate Chamber."
The House of Commons being come,
One of the Clerks at the table then read the titles of the Bills to be assented to as follows:
An Act to amend the Standards Council of Canada Act (Bill C-4, Chapter 24, 1996)
An Act to amend the Canada Elections Act (reimbursement of election expenses) (Bill C-243, Chapter 26, 1996)
An Act to dissolve the Nipissing and James Bay Railway Company (Bill S-7).
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-
"In Her Majesty's name, the Honourable the Deputy of His Excellency the Governor General doth assent to these Bills."
4:25 p.m.
The Acting Speaker of the House of Commons addressed the Honourable the Deputy of His Excellency the Governor General as follows:
"May it Please Your Honour:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Honour the following Bill:
An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1997 (Bill C-56, Chapter 25, 1996),
To which Bill I humbly request Your Honour's Assent."
After one of the Clerks at the Table read the title of the Bill-
To this Bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, the Honourable the Deputy of His Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to this Bill."
4:30 p.m.
The Commons withdrew.
After which the Honourable the Deputy of His Excellency the Governor General was pleased to retire.
Reports Deposited with the Clerk of the Senate Pursuant to Rule 28(2):
Reports of the Canadian Film Development Corporation (Telefilm Canada) required by the Access to Information Act and the Privacy Act for the period ended March 31, 1996, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, s. 72(2).-Sessional Paper No. 2/35-465.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Corbin:
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 name of the Honourable Senator Moore substituted for that of the Honourable Senator Forest (October 22).