46 Elizabeth II, A.D. 1997, Canada

Journals of the Senate

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Issue 19

Wednesday, November 19, 1997
1:30 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Beaudoin, Berntson, Bolduc, Bonnell, Bosa, Bryden, Buchanan, Butts, Callbeck, Carstairs, Cogger, Cohen, Comeau, Cools, Corbin, DeWare, Di Nino, Doody, Doyle, Fairbairn, Ferretti Barth, Forest, Forrestall, Ghitter, Gigantès, Grafstein, Graham, Grimard, Gustafson, Haidasz, Hays, Hébert, Hervieux-Payette, Kelleher, Kinsella, Kolber, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, MacDonald, Maheu, Meighen, Mercier, Milne, Molgat, Moore, Murray, Oliver, Pearson, Pépin, Phillips, Poulin, Roberge, Robertson, Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker informed the Senate that the Clerk of the Senate had tabled the following (Sessional Paper No. 1/36-255S):

November 19, 1997

Mr. Speaker:

In accordance with Rule 136 of the Rules of the Senate, I have the honour to submit herewith a list of the names of Members of the Senate who have renewed their Declaration of Property Qualification.

I have the honour to be, Mr. Speaker, your obedient servant.

PAUL C. BÉLISLE

Clerk of the Senate and Clerk of the Parliaments

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Balfour, Beaudoin, Berntson, Bolduc, Bonnell, Bosa, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Cochrane, Cogger, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Doyle, Eyton, Fairbairn, Ferretti Barth, Forest, Forrestall, Gauthier, Ghitter, Gigantès, Grafstein, Graham, Grimard, Gustafson, Haidasz, Hays, Hébert, Hervieux-Payette, Jessiman, Johnson, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lucier, Lynch-Staunton, MacDonald, Maheu, Marchand, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Ottenheimer, Pearson, Pépin, Perrault, Petten, Phillips, Pitfield, Poulin, Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Simard, Sparrow, Spivak, Stanbury, Stewart, Stollery, Stratton, Taylor, Thompson, Tkachuk, Watt, Whelan, Wood

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-11, An Act respecting the imposition of duties of customs and other charges, to give effect to the International Convention on the Harmonized Commodity Description and Coding System, to provide relief against the imposition of certain duties of customs or other charges, to provide for other related matters and to amend or repeal certain Acts in consequence thereof, to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Haidasz, P.C., that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, November 25, 1997.

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

Introduction and First Reading of Senate Public Bills

The Honourable Senator Haidasz, P.C., presented Bill S-7,, 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.

The Bill was read the first time.

The Honourable Senator Haidasz, P.C., moved, seconded by the Honourable Senator Gigantès, that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, November 25, 1997.

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

ANSWERS TO WRITTEN QUESTIONS

Pursuant to Rule 25(2), the Honourable Senator Carstairs tabled the following:

Reply to Question No. 5, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Atlantic Canada Opportunities Agency.-Sessional Paper No. 1/36-256S.

Reply to Question No. 18, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Freshwater Fish Marketing Corporation.-Sessional Paper No. 1/36-257S

Reply to Question No. 20, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Health.-Sessional Paper No. 1/36-258S

MESSAGES FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons in the following words:-

Tuesday, November 18, 1997

ORDERED, That a Special Joint Committee of the Senate and the House of Commons be appointed to examine and analyze issues relating to custody and access arrangements after separation and divorce, and in particular, to assess the need for a more child-centred approach to family law policies and practices that would emphasize joint parental responsibilities and child-focused parenting arrangements based on children's needs and best interests;

That seven Members of the Senate and sixteen Members of the House of Commons be members of the Committee with, two Joint Chairpersons;

That changes in the membership, on the part of the House of Commons of the Committee, be effective immediately after a notification signed by the member acting as the chief Whip of any recognized party has been filed with the clerk of the Committee;

That the Committee be directed to consult broadly, examine relevant research studies and literature and review models being used or developed in other jurisdictions;

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

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 retain the services of expert, professional, technical and clerical staff, including, legal counsel;

That a quorum of the Committee be twelve members whenever a vote, resolution or other decision is taken, so long as both Houses are represented, and that the Joint Chairpersons be authorized to hold meetings, to receive evidence and authorize the printing thereof, whenever six members are present, so long as both Houses are represented;

That the Committee be empowered to appoint, from among its members, such sub-committees as may be deemed advisable, and to delegate to such sub-committees, all or any of its power, except the power to report to the Senate and House of Commons;

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

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

That the Committee present its final report no later than November 30, 1998; and

That a Message be sent to the Senate to acquaint that House accordingly.

ATTEST:

ROBERT MARLEAU,

Clerk of the House of Commons.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Motions

Orders No. 1 and 2 were called and postponed until the, next sitting.

OTHER BUSINESS

Reports of Committees

Order No. 1 was called and postponed until the next sitting.

Other

Resuming debate on the motion of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Berntson:

That a Special Committee of the Senate be appointed to examine and report on the manner in which the chain of command of the Canadian Forces both in-theatre and at, National Defence Headquarters, responded to the operational, disciplinary, 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;

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. former Ministers of National Defence;

2. the then Deputy Minister of National Defence;

3. the then Acting Chief of Staff of the Minister of, National Defence;

4. the then special advisor to the Minister of National Defence (M. Campbell);

5. the then special advisor to the Minister of National Defence (J. Dixon);

6. the persons occupying the position of Judge Advocate General during the relevant period;

7. the then Deputy Judge Advocate General (litigation); and

8. the then Chief of Defence Staff and Deputy Chief of Defence Staff.

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; and

That the Special Committee include in its report, its findings and recommendations regarding the structure, functioning and operational effectiveness of National Defence Headquarters, the relationship between the military and civilian components of NDHQ, and the relationship among the Deputy Minister of Defence, the Chief of Defence Staff and the Minister of, National Defence.

And on the motion in amendment of the Honourable Senator Forrestall, seconded by the Honourable Senator Beaudoin, that the motion be amended by adding in paragraph 2 the following:

"9. the present Minister of National Defence.".

After debate, The Honourable Senator DeWare for the Honourable, Senator Murray, P.C., moved, seconded by the Honourable Senator Kinsella, that further debate on the motion in amendment be adjourned until the next sitting.

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

Orders No. 5 (inquiry) and 3 (motion) were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Stewart moved, seconded by the Honourable Senator Lewis:

That the Standing Senate Committee on Foreign Affairs be authorised to examine and report on the consequences for Canada of the emerging European Monetary Union and on other related trade and investment matters;

That the Committee have power to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its examination and consideration of the said order of reference;

That the Committee have power to adjourn from place to place inside and outside Canada; and

That the Committee report from time to time and submit its final report no later than December 15, 1999.

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

The Honourable Senator Phillips moved, seconded by the Honourable Senator Bonnell:

That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report upon all matters relating to the future of the Canadian War Museum, including, but not restricted to, its structure, budget, name, and independence; and

That the Committee submit its report no later than, March 30, 1998.

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

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

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis de Kent):

That the First Report of the Standing Committee on Internal Economy, Budgets and Administration, tabled in the Senate on October 1, 1997, be adopted.

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

The Honourable Senator Comeau moved, seconded by the Honourable Senator Doyle:

That the Standing Senate Committee on Fisheries be authorized to examine and report upon the questions of privatization and quota licensing in Canada's fisheries;

That the papers and evidence received and taken on the subject during the Second Session of the Thirty-fifth Parliament and any other relevant Parliamentary papers and evidence on the said subject be referred to the Committee;

That the Committee have the power to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings; and

That the Committee submit its final report no later than December 10, 1998.

After debate, 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 Queen Quay Land Corporation, including its accounts and financial statements certified by Auditor General, for the fiscal year ended March 31, 1997, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 150(1). -Sessional Paper No. 1/36-254.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Gigantès:

That the Senate do now adjourn.

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

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