47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

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Issue 44

Thursday, February 26, 1998
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Atkins, Beaudoin, Berntson, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cogger, Comeau, Cools, Corbin, De Bané, Di Nino, Doody, Doyle, Fairbairn, Ferretti Barth, Forest, Gauthier, Gigantès, Grafstein, Graham, Grimard, Gustafson, Haidasz, Hays, Hébert, Hervieux-Payette, Jessiman, Johnson, Kelly, Kenny, Keon, Kinsella, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Pitfield, Poulin, Prud'homme, Rivest, Robichaud, (L'Acadie-Acadia) , Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Sparrow, Spivak, Stanbury, Stewart, Stratton, Tkachuk, Watt, Whelan

PRAYERS

Tribute was paid to the Honourable Senator Doyle, who will retire from the Senate on March 10, 1998.

 Ordered, That Order No. 1 under ORDERS OF THE DAY, GOVERNMENT BUSINESS, Bills, be brought forward. Resuming debate on the motion of the Honourable Senator Taylor, seconded by the Honourable Senator Pépin, for the second reading of Bill C-4, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts.

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

The Bill was then read the second time.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Haidasz, P.C., that the Bill be referred to the Standing Senate Committee on Agriculture and Forestry.

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

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Ordered, That Motion No. 57 standing in the name of the Honourable Senator Gustafson be brought forward.

MOTIONS

The Honourable Senator Gustafson moved, seconded by the Honourable Senator Doyle:

That the Standing Senate Committee on Agriculture and Forestry have power to sit today at 3:30 p.m., 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.

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Tribute was paid to the Honourable Senator Haidasz, P.C., who will retire from the Senate on March 4, 1998.

SENATORS' STATEMENTS

Some Honourable Senators made statements. Tribute was paid to the memory of the Honourable W. O. Mitchell, P.C., whose death occurred February 25, 1998.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Hervieux-Payette, P.C., Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, tabled its Second Report (Royal Canadian Mounted Police Regulations 1988).-Sessional Paper No. 1/36-473.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Milne, 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 Rompkey, P.C., presented the following:

THURSDAY, February 26, 1998

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

THIRTEENTH REPORT

Your Committee has examined and approved the supplementary budget presented to it by the Standing Senate Committee on Energy, the Environment and Natural Resources for the proposed expenditures of the said Committee for the fiscal year ending March 31, 1998:

Professional and Special Services	$ 3,570
All Other Expenditures	$ 18,715
TOTAL	$ 22,285

Respectfully submitted,

WILLIAM ROMPKEY

Chair

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Haidasz, 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.

Government Notices of Motions

With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Haidasz, P.C.:

That when the Senate adjourns today, it do stand adjourned until Tuesday, March 17, 1998, at 2:00 p.m.

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

Introduction and First Reading of Senate Public Bills

The Honourable Senator Kenny presented a Bill S-13, An Act to incorporate and to establish an industry levy to provide for the Canadian Tobacco Industry Community Responsiblity Foundation.

The Bill was read the first time.

The Honourable Senator Kenny moved, seconded by the Honourable Senator Nolin, that the Bill be placed on the Orders of the Day for a second reading on Tuesday, March 17, 1998.

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

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Order No. 2 was called and postponed until the next sitting.

Reports of Committees

Order No. 1 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

Orders No. 1 and 2 were called and postponed until the next sitting. Consideration of the Twelfth Report of the Standing Committee on Internal Economy, Budgets and Administration (budget-Social Affairs, Science and Technology Committee), presented in the Senate on February 25, 1998.

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

The question being put on the motion, it was adopted. Order No. 4 was called and postponed until the next sitting. Consideration of the Ninth Report of the Standing Committee on Internal Economy, Budgets and Administration (expenditure plan 1998-99) presented in the Senate on February 12, 1998.

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

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

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Ordered, That Order No. 4 be again called. Resuming debate on the motion of the Honourable Senator Watt, seconded by the Honourable Senator Chalifoux, for the adoption of the Second Report of Standing Senate Committee on Aboriginal Peoples (budget-study on Aboriginal governance), presented in the Senate on February 18, 1998.

After debate, The question being put on the motion, it was adopted. Orders No. 6 and 7 were called and postponed until the next sitting.

Other

Orders No. 15, 16 (inquiries), 45 (motion), 17 (inquiry), 1 (motion), 9 (inquiry), 47, 48 and 49 (motions) were called and postponed until the next sitting. Order No. 8 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.

MOTIONS

The Honourable Senator Haidasz, P.C., moved, seconded by the Honourable Senator Cools:

That a Special Joint Committee of the Senate and the House of Commons, to be styled the Special Joint Committee on the Unborn Child, be appointed to examine and report upon the feasibility of legislating in the area of fetal rights and the protection to the unborn child, with particular reference to:

(a) the lack of protection in current Canadian law of the unborn child;

(b) the interests of the state in providing some measures to protect the unborn child, thereby securing the well-being of future generations of Canadians;

(c) the application of the rights and freedoms entrenched in the Canadian Charter of Rights and Freedoms and how they relate to the unborn child;

(d) the judgment of the Supreme Court of Canada in the 1997 case, Winnipeg Child and Family Services (Northwest Area) v. G.(D.F.), which signalled a gap in current Canadian law respecting the rights of the unborn; and

(e) the comments made by the Supreme Court of Canada, in the above-noted case, that any measures to provide protection in law to the unborn child have complex ramifications and, as such, should be considered by Parliament, not the Canadian courts, since Parliament is in a better position to assess the desirability, the impact and the consequences of such measures;

That the Committee take into consideration Canadian and international law, and in particular, the Criminal Code amendment, in 1969, to the homicide provision concerning the killing of a child before or during its birth;

That the Committee report back to Parliament with proposed alternative measures to protect the unborn child in a manner that is consistent with the Constitution of Canada;

That the Committee also make recommendations to Parliament respecting the desirability of establishing further studies and inquiries into the feasibility of legislating restrictions in the area of experimental treatment of the fetus and of new reproductive technologies;

That the Committee be composed of seven Members of the House of Commons and six members of the Senate;

That a quorum of the Committee be six members, provided both Houses are represented;

That the Committee have the power to sit during sittings and adjournments of the Senate;

That the Committee have the power to retain the services of expert, professional, technical and clerical staff;

That the Committee have the power to report to Parliament from time to time and that it present its final report no later than December 31, 2000; and

That a Message be sent to the House of Commons requesting that House to unite with this House for the above purpose and to select, if the House of Commons deems it advisable, Members to act on the proposed Special Joint Committee.

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

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

ADJOURNMENT

The Honourable Senator Hébert moved, seconded by the Honourable Senator Haidasz, P.C.:

That the Senate do now adjourn.

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

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