47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

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Issue 41

Thursday, February 19, 1998
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were: 

The Honourable Senators 

Andreychuk, Atkins, Beaudoin, Berntson, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Doyle, Fairbairn, Ferretti Barth, Forest, Gauthier, Ghitter, Gigantès, Grafstein, Graham, Grimard, Gustafson, Hébert, Jessiman, Johnson, Joyal, Keon, Kinsella, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Milne, Molgat, Moore, Murray, Nolin, Pearson, Pépin, Perrault, Poulin, Prud'homme, Rivest, Robertson, Robichaud, (L'Acadie-Acadia) , Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Watt, Whelan

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:

THURSDAY, February 19, 1998

The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its

THIRD REPORT

Section 59 of the Parliament of Canada Act, R.S.C. 1985, chap. P-1, as amended, provides as follows:

The Senate or the House of Commons may make regulations, by rule or by order, rendering more stringent on its own members the provisions of this Act that relate to the attendance of members or to the deductions to be made from sessional allowances.

Your Committee recommends:

(a) that the Senate, pursuant to section 59 of the Parliament of Canada Act, make the Senate Sessional Allowance (Suspension) Regulations in the form attached;

(b) that section 1 of the Senate Sessional Allowance (Suspension) Regulations be adopted as Rule 137 of the Rules of the Senate; and

(c) that the Clerk be instructed to transmit copies in both official languages of the Senate Sessional Allowance (Suspension) Regulations to the Clerk of the Privy Council for registration and publication under the Statutory Instruments Act.

Respectfully submitted,

SHIRLEY MAHEU

Chair

(The Appendix to the Report is printed as an Appendix)

With leave of the Senate, The Honourable Senator Maheu moved, seconded by the Honourable Senator Moore, that the Report be adopted now.

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

The Honourable Senator Maheu presented the following:

THURSDAY, February 19, 1998

The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its

FOURTH REPORT

Pursuant to its order of reference of December 16, 1997, your Committee has considered the matter of Senator Andrew Thompson's continuing absence for the purposes of determining whether his absence constitutes a contempt of the Senate.

Your Committee met on Tuesday, February 10, 1998, and presented its Second Report to the Senate on Wednesday, February 11, 1998, requesting an order of the Senate that he appear before the Committee at its next scheduled meeting.

On February 11, 1998, the Senate adopted an order requiring Senator Thompson to appear before the Privileges, Standing Rules and Orders Committee on Wednesday, February 18, 1998, at 7:00 p.m. in Room 160-S.

On Thursday, February 12, 1998, the Senate adopted an order directing your Committee to take into consideration the Senate debate of February 11, and its interim report, particularly with respect to the amendment that was moved; and that your Committee be authorized to obtain further advice of legal counsel in the matter of the power of the Senate to expel, suspend or otherwise deprive Senator Thompson of his seat in the Senate, and the ability to withhold Senator Thompson's sessional indemnity and expense allowance, whatever his current status as a member of the Senate.

Your Committee met at 7:00 p.m. on Wednesday, February 18, 1998. After careful consideration of all the facts, and of the legal and procedural advice that it has received, your Committee recommends:

1. That the Honourable Senator Andrew Thompson be found in contempt;

2. That, since your Committee finds Senator Thompson in contempt, he be suspended for the remainder of the session; and

3. That the matter of Senator Thompson's expense allowance, as provided in the Parliament of Canada Act, be referred to the Standing Committee on Internal Economy, Budgets and Administration for immediate action.

Respectfully submitted,

SHIRLEY MAHEU

Chair

With leave of the Senate, The Honourable Senator Maheu moved, seconded by the Honourable Senator Ferretti Barth, that the Report be placed on the Orders of the Day for consideration later this day.

After debate, 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 Watt:

That when the Senate adjourns today, it do stand adjourned until Tuesday next, February 24, 1998, 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 Rompkey, P.C., moved, seconded by the Honourable Senator Poulin:

That the Standing Committee on Internal Economy, Budgets and Administration have power to sit at 3:30 p.m. today, 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.

ANSWERS TO WRITTEN QUESTIONS

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

Reply to Question No. 38, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Prince Rupert Port Corporation.-Sessional Paper No. 1/36-443S.

Reply to Question No. 49, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Vancouver Port Corporation.-Sessional Paper No. 1/36-444S.

Reply to Question No. 50, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Veterans Affairs.-Sessional Paper No. 1/36-445S.

Reply to Question No. 52, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Western Economic Diversification.-Sessional Paper No. 1/36-446S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

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

Second reading of Bill C-4, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts.

The Honourable Senator Taylor moved, seconded by the Honourable Senator Pépin, that the Bill be read the second time.

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

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

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

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 3 were called and postponed until the next sitting.

Reports of Committees

Consideration of the Fourth Report of Standing Committee on Privileges, Standing Rules and Orders (Senator Thompson), presented in the Senate earlier this day.

The Honourable Senator Maheu moved, seconded by the Honourable Senator Ferretti Barth, that the Report be adopted.

After debate, The question being put on the motion, it was adopted on the following division:

YEAS

The Honourable Senators

Andreychuk, Atkins, Beaudoin, Berntson, Bryden, Buchanan, Butts, Callbeck, Carstairs, Cohen, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Doyle, Fairbairn, Ferretti Barth, Forest, Gigantès, Grafstein, Graham, Gustafson, Hébert, Johnson, Keon, Kinsella, Lavoie-Roux, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Moore, Murray, Nolin, Pearson, Pépin, Perrault, Poulin, Prud'homme, Rivest, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rossiter, Simard, Sparrow, Spivak, Stewart, Taylor, Watt, Whelan-52

NAYS

The Honourable Senators

Stratton -1

ABSTENTIONS

The Honourable Senators

Robertson-1 

Order No. 1 was called and postponed until the next sitting. Resuming debate on the consideration of the Final Report of the Special Committee of the Senate on Post-Secondary Education, tabled in the Senate on December 16, 1997.

After debate, The Honourable Senator Forest moved, seconded by the Honourable Senator Hébert, that further debate on the consideration of the report be adjourned until the next sitting.

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

With leave, The Senate reverted to Presentation of Reports From Standing or Special Committees. The Honourable Senator Rompkey, P.C., presented the following:

THURSDAY, February 19, 1998

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

TENTH REPORT

WHEREAS Senator Thompson has been found in contempt and suspended from the Senate;

AND WHEREAS, pursuant to Rule 137 and the Sessional Allowance (Suspension) Regulations, his sessional allowance has been suspended for the remainder of the session;

AND WHEREAS, sub-section 63(3) of the Parliament of Canada Act provides that the allowance for expenses is "incidental to the discharge of the duties of the member";

BE IT RESOLVED THAT:

Senator Thompson not be entitled to receive his expense allowance otherwise payable during the period of his suspension.

Respectfully submitted,

WILLIAM ROMPKEY

Chair

With leave of the Senate, The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), that the Report be adopted now.

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

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

THURSDAY, February 19, 1998

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

ELEVENTH REPORT

Your Committee recommends that the Seventh Report of your Committee adopted by the Senate on December 16, 1997 be amended by deleting clause 2 of the report and substituting the following:

"2. Senator Thompson's allowances for travel and telecommunications expenses be suspended; and".

Respectfully submitted,

WILLIAM ROMPKEY

Chair

With leave of the Senate, The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), that the Report be adopted now.

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

ORDERS OF THE DAY

OTHER BUSINESS

Reports of Committees

Orders No. 3 to 5 were called and postponed until the next sitting.

Other

Orders No. 15, 17 (inquiries), 1 (motion), 16, 9 (inquiries), 47, 48, 49, 45 (motions) and 8 (inquiry) were called and postponed until the next sitting.

ADJOURNMENT

The Honourable Senator Hébert 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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