46 Elizabeth II, A.D. 1997, Canada

Journals of the Senate

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Issue 27

Monday, December 8, 1997
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Bacon, Beaudoin, Berntson, Bolduc, Bonnell, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cogger, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Doyle, Eyton, Fairbairn, Ferretti Barth, Forest, Forrestall, Gauthier, Ghitter, Grafstein, Graham, Grimard, Gustafson, Hays, Hébert, Hervieux-Payette, Jessiman, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Lavoie-Roux, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Molgat, Murray, Nolin, Oliver, Pearson, Petten, Phillips, Poulin, Rivest, Roberge, Robertson, Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Simard, Spivak, Stewart, Stratton, Taylor, Tkachuk, Watt, Whelan, Wood

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, tabled its Fourth Report (Proposed Regulations pursuant to Section 118 of the Firearms Act).-Sessional Paper No. 1/36-290S. The Honourable Senator Fairbairn, P.C., Joint Chair of the Special Joint Committee on the Amendment to Term 17 of the Terms of Union of Newfoundland, informed the Senate that, pursuant to the Order adopted by the Senate on November 5, 1997, she had deposited the Report of the said Committee with the Clerk of the Senate on December 5, 1997.-Sessional Paper No. 1/36-291S.

The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Petten, that the Report be placed on the Orders of the Day for consideration on Wednesday next, December 10, 1997.

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

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third reading of Bill C-23, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1998.

The Honourable Senator Cools moved, seconded by the Honourable Senator Watt, 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.

Third reading of 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.

The Honourable Senator Kirby moved, seconded by the Honourable Senator Petten, 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, without amendment.

Second reading of Bill C-2, An Act to establish the Canada Pension Plan Investment Board and to amend the Canada Pension Plan and the Old Age Security Act and to make consequential amendments to other Acts.

The Honourable Senator Kirby moved, seconded by the Honourable Senator Joyal, P.C., that the Bill be read the second time.

After debate,

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator LeBreton, 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 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),

And on the motion in amendment of the Honourable Senator Cools, seconded by the Honourable Senator Sparrow, that the motion be amended by deleting all the words after "That" and substituting the following therefor:

"Bill C-16, An Act to amend the Criminal Code and the Interpretation Act (powers to arrest and enter dwellings), be not now read a second time because

(a) the Senate is opposed to the principle of a bill which has been placed before Parliament as a result of the judgment of the Supreme Court of Canada of May 22, 1997, and of the Court's Orders of June 27 and November 19, 1997;

(b) the Senate finds it repugnant that the Supreme Court is infringing on the sovereign rights of Parliament to enact legislation and is failing to respect the constitutional comity between the courts and Parliament; and

(c) the Court is in effect coercing Parliament by threatening chaotic consequences respecting law enforcement and arrests if Parliament does not pass this bill."

After debate, The Honourable Senator Phillips moved, seconded by the Honourable Senator DeWare, that further debate on the motion 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 Grafstein, seconded by the Honourable Senator Austin, P.C., for the second reading of Bill C-10, An Act to implement a convention between Canada and Sweden, a convention between Canada and the Republic of Lithuania, a convention between Canada and the Republic of Kazakhstan, a convention between Canada and the Republic of Iceland and a convention between Canada and the Kingdom of Denmark for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and to amend the Canada-Netherlands Income Tax Convention Act, 1986 and the Canada-United States Tax Convention Act, 1984.

After debate,

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

The Bill was then read the second time.

The Honourable Senator Grafstein moved, seconded by the Honourable Senator Forest, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.

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

Motions

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

Reports of Committees

Resuming debate on the motion of the Honourable Senator Pépin, seconded by the Honourable Senator Lucier, for the adoption of the Report of the Special Joint Committee to Amend Section 93 of the Constitution Act 1867 concerning the Quebec School System, deposited with the Clerk of the Senate on November 7, 1997.

Debate.

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The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.

The Communication was then read by the Honourable the Speaker as follows:

RIDEAU HALL

December 8, 1997

Mr. Speaker:

I have the honour to inform you that the Honourable Charles Gonthier, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 8th day of December, 1997, at 5:00 p.m. for the purpose of giving Royal Assent to certain Bills.

Yours sincerely,

Judith A. LaRocque

Secretary to the Governor General

The Honourable
The Speaker of the Senate
Ottawa

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The Senate resumed debate on the motion of the Honourable Senator Pépin, seconded by the Honourable Senator Lucier, for the adoption of the Report of the Special Joint Committee to Amend Section 93 of the Constitution Act 1867 concerning the Quebec School System, deposited with the Clerk of the Senate on November 7, 1997.

After debate,

The Honourable Senator Kinsella for the Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Doyle, that further debate on the motion be adjourned until the next sitting.

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

Consideration of the Third Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-5, An Act to amend the Canada Evidence Act and the Criminal Code in respect of persons with disabilities, to amend the Canadian Human Rights Act in respect of persons with disabilities and other matters and to make consequential amendments to other Acts, with an amendment and observations), presented in the Senate on December 4, 1997.

The Honourable Senator Milne moved, seconded by the Honourable Senator Mercier, that the Report be adopted.

After debate,

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

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Grafstein, that the Bill, as amended, 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.

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Ordered, That Order No. 1 under OTHER BUSINESS, Reports of Committees, be brought forward. Consideration of the Second Report of the Standing Senate Committee on Social Affairs, Science and Technology (budget-study on the state of health care in Canada concerning veterans of war and Canadian service persons), presented in the Senate on December 3, 1997.

The Honourable Senator Phillips for the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Bolduc, that the Report be adopted.

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

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Ordered, That Motion No. 36 in the name of the Honourable Senator Bacon be brought forward.

MOTIONS

The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu:

That the Standing Senate Committee on Transport and Communications have power to sit at 4:00 p.m. on Tuesday, December 9, 1997, for its study of Bill S-4, An Act to amend the Canada Shipping Act (maritime liability), 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.

Ordered, That all remaining Orders be postponed until the next sitting.

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 Charles Joseph Doherty Gonthier, 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 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 immediately in the Senate Chamber."

The House of Commons being come, One of the Clerks at the table then read the title of the Bill to be assented to as follows:

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 (Bill C-11, Chapter 36, 1997).

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 doth assent to this Bill."

5:13 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, 1998 (Bill C-23, Chapter 35, 1997)

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."

5:15 p.m.

The Commons withdrew. After which the Honourable the Deputy of His Excellency the Governor General was pleased to retire.

ADJOURNMENT

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

That the Senate do now adjourn.

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

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