Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 20
Thursday, November 20, 1997
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Beaudoin, Berntson, Bolduc, Bonnell, Bosa, Bryden, Butts, Callbeck, Carstairs, Cogger, Cohen, Comeau, Cools, Corbin, DeWare, Di Nino, Doody, Doyle, Eyton, Fairbairn, Ferretti Barth, Forest, Forrestall, Ghitter, Gigantès, Graham, Grimard, Gustafson, Hays, Hébert, Hervieux-Payette, Kelleher, Keon, Kinsella, Kirby, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Molgat, Moore, Murray, Oliver, Pearson, Pépin, Phillips, Pitfield, Poulin, Rivest, Roberge, Robertson, Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Wood
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Rompkey, P.C., presented the following:THURSDAY, November 20, 1997
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
FIFTH REPORT
Your Committee has examined and approved the budgets presented to it by the following Committees for the proposed expenditures of the said Committees for the fiscal year ending March 31, 1998:Standing Committee on Internal Economy, Budgets and
Administration:
97-10-30/014
| Professional and Other Services | $ 3 000 |
Standing Committee on Transport and Communications
(Legislation):
97-11-20/029
| Professional and Special Services | $ 46,250 |
|
Transportation and Communication |
6,700 |
|
All Other Expenditures |
700 |
|
TOTAL |
$53,650 |
Standing Committee on Banking, Trade and Commerce
(Legislation):
97-11-20/036
| Professional and Other Services | $ 22,600 |
|
Transportation and Communication |
144,604 |
|
All Other Expenditures |
4,500 |
|
TOTAL |
$ 171,704 |
Standing Committee on Legal and Constitutional Affairs
(Legislation):
97-11-20/032
| Professional and Other Services | $ 22,900 |
|
Transportation and Communication |
6,000 |
|
All Other Expenditures |
2,500 |
|
TOTAL |
$ 31,400 |
Standing Committee on Energy, the Environment and
Natural Resources (Legislation):
97-11-20/034
| Professional and Other Services | $ 2,725 |
|
Transportation and Communication |
10,844 |
|
All Other Expenditures |
3,500 |
|
TOTAL |
$ 17,069 |
Special Joint Committee to amend Section 93 of the
Constitution Act, 1867 concerning the Quebec School
Question (Senate Share):
97-10-30/017
| Professional and Other Services | $ 5,550 |
|
Transportation and Communication |
8,850 |
|
All Other Expenditures |
878 |
|
TOTAL |
$ 15,278 |
Special Joint Committee to review Term 17 of the Terms of
Union of Newfoundland with Canada concerning
Newfoundland school system (Senate Share):
97-11-20/033
| Professional and Other Services | $ 4,290.00 |
|
Witness Expenses |
13,500.00 |
|
Video-Conferences |
1,500.00 |
|
All Other Expenditures |
2,377.50 |
|
TOTAL |
$ 21,677.50 |
Respectfully submitted,
WILLIAM ROMPKEY
Chair
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, 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.
The Honourable Senator Forrestall for the Honourable Senator Bacon, Chair of the Standing Senate Committee on Transport and Communications, presented its Second Report (budget-study on Canada's international competitiveness in communications).Ordered, That the Report be printed as an Appendix to the Journals of the Senate of this day and form part of the permanent records of this House.
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Rossiter, 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.
The Honourable Senator Forrestall for the Honourable Senator Bacon, Chair of the Standing Senate Committee on Transport and Communications, presented its Third Report (budget-study on transportation safety and security).Ordered, That the Report be printed as an Appendix to the Journals of the Senate of this day and form part of the permanent records of this House.
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Spivak, 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.
The Honourable Senator Bryden, Chair of the Special Committee of the Senate on the Cape Breton Development Corporation, presented its First Report (budget).Ordered, That the Report be printed as an Appendix to the Journals of the Senate of this day and form part of the permanent records of this House.
The Honourable Senator Bryden moved, seconded by the Honourable Senator Butts, 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 Carstairs moved, seconded by the Honourable Senator Rompkey, P.C.:That when the Senate adjourns today, it do stand adjourned until Tuesday next, November 25, 1997, at 2:00 p.m.
The question being put on the motion, it was adopted.
Notices of Motions
With leave of the Senate, The Honourable Senator Bonnell moved, seconded by the Honourable Senator LewisThat the Special Senate Committee on Post-Secondary Education have power to sit on Tuesday next, November 25, 1997, at 3:30 p.m. even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
Debate.
A Point of Order was raised as to the appropriateness of debating a motion under Daily Routine of Business.
Debate.
The Speaker reserved his decision.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Carstairs tabled the following:Reply to Question No. 15, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Finance.-Sessional Paper No. 1/36-259S.
Reply to Question No. 48, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Treasury Board. -Sessional Paper No. 1/36-260S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill S-3, An Act to amend the Pension Benefits Standards Act, 1985 and the Office of the Superintendent of Financial Institutions Act.The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent), that the Bill be read the third time.
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.
Second reading of Bill C-16, An Act to amend the Criminal Code and the Interpretation Act (powers to arrest and enter dwellings).The Honourable Senator Moore moved, seconded by the Honourable Senator Ferretti Barth, that the Bill be read the second time.
A Point of Order was raised as to the acceptability of the Bill.
Debate.
SPEAKER'S RULING
Honourable senators, if no other honourable senator wishes to speak, I am prepared to rule on the matter.I have listened carefully, honourable senators, to the arguments presented. I am very conscious of my responsibilities as Speaker insofar as protecting the rights and privileges of the Senate are concerned. I have listened because that is one of my main obligations.
I wish to remind honourable senators, however, that it is not my responsibility to rule on matters of law or the Constitution. That is totally outside my field of jurisdiction.
My responsibility is to deal with the rules of the Senate. I have looked over the bill carefully. I find nothing in it which differs from the normal bills which we receive. The bill has not come to us in any different way from bills that normally come to us. It has come to us via a message sent to us from the House of Commons. The procedure followed has been the normal procedure according to our rules.
It is not for me to go behind this matter. Regardless of what may have been said elsewhere or by the Supreme Court, it is not for me to judge, unless it impacts upon the privileges of the Senate.
I confess that I see no threat here. Some may see a threat expressed elsewhere, but there is no threat in this bill. There is no threat in the way in which it has come to us. It may well be that honourable senators do not like the bill, which is their privilege. It is for them to decide that in debate and when it reaches committee. It is not for me to prevent such debate, unless the bill were against the rules of the Senate.
I find that no rule has been broken. As far as I can see, this bill has come to us in the normal way and is a normal bill. What has been said behind it is not for me to judge.
Therefore, I ask Honourable Senator Moore to proceed with his speech on second reading.
The Senate proceeded to the debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Ferretti Barth, for the second reading of Bill C-16, An Act to amend the Criminal Code and the Interpretation Act (powers to arrest and enter dwellings).After debate,
The Honourable Senator DeWare for the Honourable Senator Nolin moved, seconded by the Honourable Senator Beaudoin, 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.
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.