46 Elizabeth II, A.D. 1997, Canada

Journals of the Senate

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Issue 32

Monday, December 15, 1997
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were: The Honourable Senators Adams, Atkins, Bacon, Beaudoin, Berntson, Bolduc, Bonnell, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cogger, Cohen, Comeau, Cools, Corbin, Di Nino, Doody, Doyle, Eyton, Fairbairn, Ferretti Barth, Forest, Gigantès, Grafstein, Graham, Grimard, Gustafson, Haidasz, Hays, Hébert, Hervieux-Payette, Jessiman, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kolber, Lavoie-Roux, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Petten, Phillips, Poulin, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Spivak, Stewart, Stollery, Taylor, Tkachuk, Watt, Whelan, Wood

PRAYERS Ordered, That all notices for requests for an emergency debate and for questions of privilege be postponed to the next sitting of the Senate.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Bryden, Chair of the Special Committee of the Senate on the Cape Breton Development Corporation tabled its Final Report.-Sessional Paper No. 1/36-353S.

The Honourable Senator Bryden moved, seconded by the Honourable Senator Butts, that the Report be placed on the Orders of the Day for consideration on Wednesday next, December 17, 1997.

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

 With leave, The Senate reverted to SENATORS STATEMENTS.

Some Honourable Senators made statements.

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Rompkey, P.C., tabled the following:

Second Report of the Canadian NATO Parliamentary Association respecting its participation at the 43rd Annual Session of the North Atlantic Assembly (NATO Parliamentarians), held in Bucharest, Romania, from October 9 to 13, 1997.-Sessional Paper No. 1/36-354.

Notices of Motions

With leave of the Senate, The Honourable Senator Bonnell moved, seconded by the Honourable Senator Grafstein:

That, notwithstanding the orders of the Senate adopted on October 8 and on December 10, 1997, the Special Committee of the Senate on Post-Secondary Education be authorized to present the final report of its study on the serious state of post-secondary education in Canada no later than Thursday, December 18, 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. 2, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Agriculture and Agri Food.-Sessional Paper No. 1/36-355S.

Reply to Question No. 11, October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Citizenship and Immigration.-Sessional Paper No. 1/36-356S.

Reply to Question No. 14, October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Farm Credit Corporation. -Sessional Paper No. 1/36-357S.

Reply to Question No. 39, October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Public Works and Government Services.-Sessional Paper No. 1/36-358S.

Reply to Question No. 71, dated October 22, 1997, appearing on the Order Paper in the name of the Honourable Senator Forrestall, respecting land mines.-Sessional Paper No. 1/36-359S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Joyal, P.C., for the 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.

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

The question being put on the motion, it was adopted. Orders No. 2 to 4 were called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Graham, P.C., seconded by the Honourable Senator Mercier:

WHEREAS the Government of Quebec has indicated that it intends to establish French and English linguistic school boards in Quebec;

AND WHEREAS the National Assembly of Quebec has passed a resolution authorizing an amendment to the Constitution of Canada;

AND WHEREAS the National Assembly of Quebec has reaffirmed the established rights of the English-speaking community of Quebec, specifically the right, in accordance with the law of Quebec, of members of that community to have their children receive their instruction in English language educational facilities that are under the management and control of that community and are financed through public funds;

AND WHEREAS section 23 of the Canadian Charter of Rights and Freedoms guarantees to citizens throughout Canada rights to minority language instruction and minority language educational facilities under the management and control of linguistic minorities and provided out of public funds;

AND WHEREAS section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

NOW THEREFORE the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

CONSTITUTION ACT, 1867

1. The Constitution Act, 1867, is amended by adding, immediately after section 93, the following:

"93A. Paragraphs (1) to (4) of section 93 do not apply to Quebec."

CITATION

2. This Amendment may be cited as the Constitution Amendment, (year of proclamation) (Quebec).

Debate.

 At 3:45 p.m. the sitting was suspended. At 4:45 p.m. the sitting resumed.

 The question being put on the motion of the Honourable Senator Graham, P.C., seconded by the Honourable Senator Mercier, to amend Section 93 of the Constitution Act 1867 concerning the Quebec School System, it was adopted on the following division:

YEAS

The Honourable Senators

Adams, Atkins, Bacon, Beaudoin, Berntson, Bolduc, Bonnell, Bryden, Callbeck, Carstairs, Chalifoux, Cochrane, Cogger, Corbin, Fairbairn, Ferretti Barth, Gigantès, Grafstein, Graham, Hays, Hébert, Joyal, Kelleher, Kelly, Kenny, Kinsella, Kolber, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Moore, Murray, Nolin, Pearson, Pépin, Petten, Poulin, Rivest, Roberge, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Spivak, Stewart, Stollery, Watt, Whelan-51

NAYS

The Honourable Senators

Cohen, Cools, Di Nino, Doyle, Forest, Gustafson, Haidasz, Hervieux-Payette, Jessiman, Keon, Oliver, Robertson, Rossiter, St. Germain, Taylor, Tkachuk, Wood-17

ABSTENTIONS

The Honourable Senators

Butts, Lavoie-Roux-2

Orders No. 2 and 3 were called and postponed until the next sitting.

Reports of Committees

Resuming debate on the motion of the Honourable Senator Fairbairn, P.C., seconded by the Honourable Senator Hébert, for the adoption of the Report of the Special Joint Committee on the Amendment to Term 17 of the Terms of Union of Newfoundland, deposited with the Clerk of the Senate on December 5, 1997.

After debate, In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator Doyle, that the Report be not now adopted but that it be referred to a Committee of the Whole for study and report.

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

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

Consideration of the Fourth Report of the Standing Senate Committee on Transport and Communications (Bill S-4, An Act to amend the Canada Shipping Act (maritime liability), with amendments) presented in the Senate on December 12, 1997.

The Honourable Senator Bacon moved, seconded by the Honourable Senator Pépin, that the Report be adopted.

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

The Honourable Senator Bacon moved, seconded by the Honourable Senator Pépin, 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.

OTHER BUSINESS

Senate Public Bills

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

Order No. 2 was called and postponed until the next sitting in the name of the Honourable Senator Kelly.

Order No. 3 was called and postponed until the next sitting.

Reports of Committees

The Order was called to resume debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Whelan, P.C., for the adoption of the Seventh Report of the Standing Committee on Internal Economy, Budgets and Administration (the use of Senate resources by Senator Thompson), presented in the Senate on December 9, 1997.

A Point of Order was raised questioning the right of the Standing Committee on Internal Economy, Budgets and Administration to present its Seventh Report respecting the Honourable Senator Thompson.

After debate, The Speaker reserved his decision.

Orders No. 2 and 3 were called and postponed until the next sitting.

Consideration of the Eighth Report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of certain committees), presented in the Senate on December 10, 1997.

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Whelan, P.C., that the Report be adopted.

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

Other

Orders No. 42 (motion), 8 (inquiry), 3 and 1 (motions) were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Kelly called the attention of the Senate to the way the Senate conducts its business.

Debate concluded.

MOTIONS

The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator LeBreton:

That, in the opinion of this House, the government should consider the request of the Famous Five Foundation to honour the memory of Emily Murphy, Nellie McClung, Irene Parlby, Louise McKinney and Henrietta Muir Edwards, known as the Famous Five, by allowing a statue commemorating them to be placed on Parliament Hill.

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

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

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Sustainable Development Strategy of the Federal Office of Regional Development (Québec), pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-330.

Sustainable Development Strategy of the Correctional Service of Canada, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24 (1).-Sessional Paper No. 1/36-331.

Sustainable Development of Strategy of the Department of Citizenship and Immigration, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-332.

Sustainable Development of Strategy of the Atlantic Canada Opportunities Agency, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-333.

Sustainable Development of Strategy of the Department of Canadian Heritage, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c.43, sbs. 24(1).-Sessional Paper No. 1-36-334.

Sustainable Development of Strategy of the Department of Industry, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-335.

Sustainable Development of Strategy of the Department of Justice, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-336.

Sustainable Development of Strategy of the Department of National Defence, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24 (1).-Sessional Paper No. 1/36-337.

Sustainable Development of Strategy of the Department of National Revenue, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs 24(1).-Sessional Paper No. 1/36-338.

Sustainable Development of Strategy of the Department of the Auditor General, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-339.

Sustainable Development of Strategy of the Department of the Transport, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-340.

Sustainable Development of Strategy of the Department of Treasury Board Secretariat, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c.43, sbs. 24(1).-Sessional Paper No. 1/36-341.

Sustainable Development of Strategy of The Department of Veterans Affairs, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-342.

Sustainable of Development of Strategy of the Department of the Western Economic Diversification, pursuant to an Act to amend the Auditor General Act. S.C. 1995, c.43, sbs. 24(1).-Sessional Paper No. 1/36-343.

Sustainable of Development of Strategy of the Canadian Environmental Assessment Agency, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-344.

Sustainable of Development of Strategy of the Canadian International development Agency ,pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-345.

Sustainable of Development of Strategy of the Department of Fisheries and Oceans, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-346.

Sustainable of Development of Strategy of the Foreign Affairs and International Trade, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-347.

Sustainable of Development of Strategy of Indian Affairs and Northern Development, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-348.

Sustainable of Development of Strategy of Department of Health, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24 (1).-Sessional Paper No. 1/36-349.

Sustainable of Development of Strategy of Department of Human Resources Development, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43 , sbs. 24(1).-Sessional Paper No. 1/36-350.

Report on the Administration of the Canadian Environmental Protection Act for the fiscal year ended March 31, 1996, pursuant to the Canadian Environmental Protection Act, R.S. 1985, c. 16 (4th Supp.), s. 138.-Sessional Paper No. 1/36-351.

Report on Employment Equity of the Human Resources Development Canada for the year ended March 31, 1997, pursuant to the Employment Equity Act, S.C. 1995, c.44, sbs.21(3).-Sessional Paper No. 1/36-352.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):

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)

Special Committee of the Senate on Post-Secondary Education

The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Perrault (December 11).

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