Journals of the Senate
47 Elizabeth II, A.D. 1998, Canada
Journals of the Senate
Issue 37
Wednesday, February 11, 1998
1:30 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were: The Honourable Senators Adams, Andreychuk, Atkins, Bacon, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Carstairs, Chalifoux, Cochrane, Cogger, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Doyle, Eyton, Fairbairn, Ferretti Barth, Forrestall, Gauthier, Ghitter, Gigantès, Grafstein, Graham, Grimard, Gustafson, Haidasz, Hébert, Jessiman, Johnson, Joyal, Kinsella, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Mercier, Milne, Molgat, Moore, Murray, Nolin, Pearson, Pépin, Phillips, Pitfield, Poulin, Prud'homme, Robertson, Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Simard, Sparrow, Spivak, Stanbury, Stollery, Stratton, Taylor, Watt, Whelan, Wood
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Maheu presented the following:WEDNESDAY, February 11, 1998
The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its
SECOND REPORT
On December 16, 1997, the Senate ordered Senator Andrew Thompson to attend in his place when the Senate resumed sitting in February 1998 following the Christmas adjournment. A letter dated December 18, 1997, from the Clerk of the Senate, enclosing a certified true copy of this order, was personally served on Senator Thompson.After the Christmas adjournment, the Senate resumed sitting at 2:00 p.m. on Tuesday, February 10, 1998. Senator Thompson was not in his place at that time, nor does the attendance record of the Senate indicate that he was present at any time during this sitting.
Pursuant to the terms of the December 16, 1997 Senate order, since Senator Thompson failed to attend the Senate, the matter of his continuing absence is now referred to the Standing Committee on Privileges, Standing Rules and Orders for the purposes of determining whether his absence constitutes a contempt of the Senate. The Committee is to report its findings and any possible recommendations within two weeks from the day the matter was referred to it.
The Committee met on February 10, 1997, when the Senate rose, to consider this matter.
Disobedience to an order of the Senate would appear to be, prima facie, contempt of Parliament. Before making a final determination regarding Senator Thompson, however, your Committee believes that he should be heard. This is based on the traditions of the Senate, and a desire that he be given every reasonable opportunity to provide an explanation or any relevant information and present reasons as to why his actions did not constitute a contempt the Senate.
As only an order of the Senate itself can require a Senator to attend a committee (Erskine May, 21st Edition, p. 629), your Committee recommends, by the adoption of this report:
That the Honourable Senator Andrew Thompson be ordered to attend before the Standing Committee on Privileges, Standing Rules and Orders at its next meeting scheduled for Wednesday, February 18, 1998, at 7:00 p.m. in Room 160-S.
Respectfully submitted,
SHIRLEY MAHEU
Chair
With leave of the Senate, The Honourable Senator Maheu moved, seconded by the Honourable Senator Moore, that the Report be adopted now.After debate, In amendment, the Honourable Senator Ghitter moved, seconded by the Honourable Senator Stratton, that the Report be amended by deleting all of the words following the second paragraph and substituting therefor the following:
That Senator Andrew Thompson be expelled from the Senate forthwith and that no further amounts be remitted to him for either his sessional indemnity or incidental expense allowance.
After debate, With leave of the Senate and pursuant to Rule 30, the motion in amendment was modified to read as follows:
That the Report be amended by deleting all of the words following the second paragraph and substituting therefor the following:
That Senator Andrew Thompson be expelled from the Senate forthwith and that no further amounts be remitted to him for either his sessional indemnity or tax-free allowance.
After debate, In amendment, the Honourable Senator Lawson moved, seconded by the Honourable Senator Lucier, that the motion in amendment be amended by adding thereto:
That the debate on the motion in amendment be ad journed until the Senate Law Clerk has rendered an opinion on its legality; and
That the Law Clerk report his opinion to the Senate by tomorrow.
Debate.
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At 4:17 p.m. the sitting was suspended. At 4:56 p.m. the sitting resumed.______________________________________
Resuming debate on the sub-amendment of the Honourable Senator Lawson to the motion in amendment of the Honourable Senator Ghitter to the motion of the Honourable Senator Maheu, for the adoption of the Second Report of the Standing Committee on Privileges, Standing Rules and Orders.After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Gigantès, that further debate on the sub- amendment be adjourned until 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 Stanbury:That the Clerk of the Senate be instructed to send a letter to Senator Andrew Thompson ordering him to appear be fore the Standing Committee on Privileges, Standing Rules and Orders on Wednesday, February 18, 1998, at 7:00 p.m. in Room 160-S; and
That, when available, transcripts of today's Senate De bates be transmitted to Senator Thompson.
After debate, The question being put on the motion, it was adopted.
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Ordered, That all remaining Orders be postponed until the next sitting.ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Bacon:That the Senate do now adjourn.
The question being put on the motion, it was adopted.