Journals of the Senate
47 Elizabeth II, A.D. 1998, Canada
Journals of the Senate
Issue 45
Tuesday, March 17, 1998
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cogger, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Fitzpatrick, Forest, Gauthier, Gigantès, Grafstein, Graham, Grimard, Gustafson, Hays, Hébert, Hervieux-Payette, Jessiman, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, LeBreton, Lewis, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Poulin, Prud'homme, Rivest, Roberge, Robichaud, (L'Acadie-Acadia) , Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, WhelanPRAYERS
INTRODUCTION OF SENATORS
The Honourable the Speaker informed the Senate that the Clerk of the Senate had received certificates from the Registrar General of Canada showing that:-Joan Cook,
Archibald (Archie) Hynd Johnstone, andRoss Fitzpatrick,
respectively, had been summoned to the Senate.The Honourable the Speaker informed the Senate that there were Senators without, waiting to be introduced.
The Honourable Senator Cook was introduced between the Honourable Senator Graham, P.C., and the Honourable Senator Lewis, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-CANADA
Michel Bastarache(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
JOAN COOK
of St. John's, in the Province of Newfoundland,
GREETING:KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:The Honourable J. E. Michel Bastarache, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.AT OTTAWA, this sixth day of March, in the year of Our Lord one thousand nine hundred and ninety-eight and in the forty-seventh year of Our Reign.
BY COMMAND,
JOHN MANLEY
Registrar General of Canada
The Honourable Senator Cook came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a Member of the Senate.The Honourable Senator Johnstone was introduced between the Honourable Senator Graham, P.C., and the Honourable Senator Callbeck, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-
CANADA
Michel Bastarache(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
ARCHIBALD (ARCHIE) HYND JOHNSTONE
of Kensington, in the Province of Prince Edward Island,
GREETING:KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:The Honourable J. E. Michel Bastarache, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.AT OTTAWA, this sixth day of March, in the year of Our Lord one thousand nine hundred and ninety-eight and in the forty-seventh year of Our Reign.
BY COMMAND,
JOHN MANLEY
Registrar General of Canada
The Honourable Senator Johnstone came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.The Honourable Senator Fitzpatrick was introduced between the Honourable Senator Graham, P.C., and the Honourable Senator Perrault, P.C., and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-
CANADA
Michel Bastarache(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
ROSS FITZPATRICK
of Kelowna, in the Province of British Columbia,
GREETING:KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:The Honourable J. E. Michel Bastarache, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.AT OTTAWA, this sixth day of March, in the year of Our Lord one thousand nine hundred and ninety-eight and in the forty-seventh year of Our Reign.
BY COMMAND,
JOHN MANLEY
Registrar General of Canada
The Honourable Senator Fitzpatrick came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.The Honourable the Speaker informed the Senate that the Honourable Senators introduced today had made and subscribed the Declaration of Property Qualification required of them by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.
____________________________
Tribute was paid to the memory of Mrs. Gabrielle Léger, C.C., whose death occurred March 10, 1998.SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Carstairs tabled the following:1998-99 Estimates, Parts I and II: The Government Expenditure Plan, and the Main Estimates.-Sessional Paper No. 1/36-474.
Supplementary Estimates (B) 1997-98. -Sessional Paper No. 1/36-475.Presentation of Reports from Standing or Special Committees
The Honourable Senator Kirby, Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled its Ninth Report, entitled: "Joint and Several Liability and Professional Defendants".-Sessional Paper No. 1/36-476S.The Honourable Senator Kirby moved, seconded by the Honourable Senator Cook, 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 Fitzpatrick:That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, March 18, 1998, at 1:30 p.m.
After debate, The question being put on the motion, it was adopted.Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-8, An Act respecting an accord between the Governments of Canada and the Yukon Territory relating to the administration and control of and legislative jurisdiction in respect of oil and gas, to which they desire the concurrence of the Senate.The Bill was read the first time.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Lucier, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, March 19, 1998.The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Grimard tabled the following:Report of the Canadian Delegation of the Canada-Taiwan Parliamentary Friendship Group respecting its visit to Taiwan from January 11 to 17, 1998.-Sessional Paper No. 1/36-477.
The Honourable Senator Hays tabled the following:Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the Sixth Annual Meeting of the Asia Pacific Parliamentary Forum, held in Seoul, Republic of Korea, from January 7 to 10, 1998. -Sessional Paper No. 1/36-478.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.Reports of Committees
Consideration of the Seventh Report of the Standing Senate Committee on Banking, Trade and Commerce (Bill S-9, An Act respecting depository bills and depository notes and to amend the Financial Administration Act, with an amendment), presented in the Senate on February 24, 1998.The Honourable Senator Kirby 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 Kirby moved, seconded by the Honourable Senator Cook, that the Bill as amended be placed on the Orders of the Day for third reading at the next sitting.
The question being put on the motion, it was adopted.OTHER BUSINESS
Senate Public Bills
Second reading of Bill S-13, An Act to incorporate and to establish an industry levy to provide for the Canadian Tobacco Industry Community Responsiblity Foundation.The Honourable Senator Kenny moved, seconded by the Honourable Senator Nolin, that the Bill be read the second time.
A Point of Order was raised as to the acceptability of the Bill.After debate, The Speaker reserved his decision.
With leave of the Senate, The Honourable Senator Kenny tabled the following:Legal opinion by Mr. Michael Clegg, Q.C. respecting Bill S-13. (English Text)-Sessional Paper No. 1/36-479S.
Legal opinion by Mr. Mark L. Siegel of the law firm Gowling, Strathy & Henderson respecting Bill S-13. (English Text) -Sessional Paper No. 1/36-480S.Document entitled: "Procedural Issues Re Bill S-13, An Act to incorporate and to establish an industry levy to provide for the Canadian Tobacco Industry Community Responsiblity Foundation".-Sessional Paper No. 1/36-481S.
Resuming debate on the motion of the Honourable Senator Cohen, seconded by the Honourable Senator Chalifoux, for the second reading of Bill S-11, An Act to amend the Canadian Human Rights Act in order to add social condition as a prohibited ground of discrimination.Debate.
____________________________
Ordered, That the Standing Senate Committee on Transport and Communications have power to sit while the Senate is sitting today.The Senate resumed debate on the motion of the Honourable Senator Cohen, seconded by the Honourable Senator Chalifoux, for the second reading of Bill S-11.
After debate, The question being put on the motion, it was adopted.The Bill was then read the second time.
The Honourable Senator Cohen moved, seconded by the Honourable Senator Chalifoux, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.The question being put on the motion, it was adopted.
Orders No. 3 and 4 were called and postponed until the next sitting.Reports of Committees
Orders No. 1 to 5 were called and postponed until the next sitting.Consideration of the Final Report of the Special Committee of the Senate on the Cape Breton Development Corporation, tabled in the Senate on December 15, 1997.
After debate, The Honourable Senator Carstairs for the Honourable Senator Bryden 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.
Other
Orders No. 54, 3 (motions), 15, 16 (inquiries), 45 (motion), 17 (inquiry), 1 (motion), 9 (inquiry) and 47 (motion) were called and postponed until the next sitting.Resuming debate on the motion of the Honourable Senator Whelan, P.C., seconded by the Honourable Senator Hervieux-Payette, P.C.:
That the Senate urges the Government to defer licensing the use of Recombinant Bovine Growth Hormone (RBGH) to increase the milk production of the Canadian dairy herd for at least one year, and thereafter until such time as scientific studies have been designed, tested and completed whose conclusions enable the Government to either precisely identify for Canadians the long-term risks to public health or, in the alternative, to publicly assure them that the use of this growth hormone will not affect their individual health.After debate, The Honourable Senator Milne moved, seconded by the Honourable Senator Butts, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.Order No. 49 (motion) was called and postponed until the next sitting.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Forest:That the Senate do now adjourn.
The question being put on the motion, it was adopted.