47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

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Issue 51

Tuesday, March 31, 1998
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Bacon, Beaudoin, Berntson, Bryden, Buchanan, Butts, Callbeck, Carstairs, Cochrane, Comeau, Cook, Corbin, De Bané, Doody, Ferretti Barth, Fitzpatrick, Forest, Gauthier, Ghitter, Grafstein, Graham, Grimard, Hébert, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Lavoie-Roux, Lawson, LeBreton, Lewis, Lucier, Lynch-Staunton, Maheu, Meighen, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pépin, Perrault, Pitfield, Poulin, Prud'homme, Rivest, Roberge, Robichaud, (L'Acadie-Acadia), Simard, Sparrow, Stewart, Stollery, Tkachuk, Watt, Wood

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker tabled the following:

Annual Report of the Commissioner of Official Languages for the calendar year 1997, pursuant to the Official Languages Act, R.S.C. 1985 (4th Supp.), c. 31, s. 66.-Sessional Paper No. 1/36-529.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Tkachuk, Deputy Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled its Eleventh Report entitled: "The Canada Pension Plan Investment Board: Getting it Right".-Sessional Paper No. 1/36-530S.

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

The question being put on the motion, it was adopted. The Honourable Senator Watt, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its Third Report (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) without amendment.

The Honourable Senator Lucier moved, seconded by the Honourable Senator Watt, that the Bill 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.

Government Notices of Motions

With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Cook:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, April 1, 1998, at 1:30 p.m.

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

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third reading of Bill C-34, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1999.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Lucier, that the Bill be read the third time.

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

The Bill was then read the third time and passed.

Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill. Third reading of Bill C-21, An Act to amend the Small Business Loans Act.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Johnstone, that the Bill be read the third time.

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

The Bill was then read the third time and passed.

Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.

Resuming debate on the motion of the Honourable Senator Poulin, seconded by the Honourable Ferretti Barth, for the third reading of Bill C-17, An Act to amend the Telecommunications Act and the Teleglobe Canada Reorganization and Divestiture Act,

And on the motion in amendment of the Honourable Senator Oliver, seconded by the Honourable Senator DeWare, that that the Bill be not now read the third time but that it be amended:

1. in clause 1

(a) on page 1, by deleting lines 4 to 10; and

(b) on pages 1 to 12, by renumbering clauses 2 to 24 as clauses 1 to 23, and any cross-references thereto accordingly.

2. in clause 3

(a) on page 1, by deleting lines 18 and 19;

(b) on page 2,

(i) by deleting the heading preceding line 1, and

(ii) by deleting lines 1 to 40;

(c) on page 3, by deleting lines 1 to 15; and

(d) on pages 3 to 12, by renumbering clauses 4 to 24 as clauses 3 to 23, and any cross-references thereto accordingly.

3. in clause 6 on page 4, by replacing line 36 with the following:

"person who provides basic telecommunications ser vices to con-".

4. in clause 7

(a) on page 5, by deleting lines 10 to 18; and

(b) on pages 5 to 12, by renumbering clauses 8 to 24 as clauses 7 to 23, and any cross-references thereto accordingly.

After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator Atkins, that further debate on the motion in amendment be adjourned until 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.

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The Honourable the Speaker informed the Senate that a communication had been received from the Deputy Secretary to the Governor General.

The Communication was then read by the Honourable the Speaker as follows:

RIDEAU HALL

March 31, 1998

Mr. Speaker:

I have the honour to inform you that the Honourable J. E. Michel Bastarache, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 31st day of March, 1998, at 4:30 p.m. for the purpose of giving Royal Assent to certain Bills.

Yours sincerely,

Anthony P. Smyth

Deputy Secretary, Policy, Program and Protocol

The Honourable The Speaker of the Senate Ottawa

Senate Public Bills

Second reading of Bill S-14, An Act providing for self-government by the first nations of Canada.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator LeBreton, that the Bill be read the second time.

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

The Bill was then read the second time.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator LeBreton, that the Bill be referred to the Standing Senate Committee on Aboriginal Peoples.

The question being put on the motion, it was adopted. Order No. 3 was called and postponed until the next sitting.

Reports of Committees

Consideration of the Eleventh Report of the Standing Senate Committee on Banking, Trade and Commerce, entitled: "The Canada Pension Plan Investment Board: Getting it Right", tabled in the Senate earlier this day.

Debate concluded.

With leave of the Senate, The Honourable Senator Tkachuk tabled the following:

Copy of a letter from the Chairman of the Standing Senate Committee on Banking, Trade and Commerce to the Minister of Finance, dated March 31, 1998, respecting the Committee's review of the Canada Pension Plan Investment Board Act. -Sessional Paper No. 1/36-531S. Orders No. 1 to 3 were called and postponed until the next sitting.

Other

Orders No. 15, 25, 21 (inquiries), 45 (motion), 12, 19, 24, 18, 20 (inquiries), 48, 54 (motions), 16, 17 (inquiries) 1, 47 and 49 (motions) were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Corbin called the attention of the Senate to the inquiry standing in the name of the Honourable Senator Grafstein respecting Canada's Trade Policy, human rights, and the concept of ethical sourcing on imported goods.

After debate, The Honourable Senator Corbin moved, seconded by the Honourable Senator Forest, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted. The Honourable Senator Grafstein called the attention of the Senate to the Statement of the Vatican on the Holocaust as a teaching document.

Debate concluded.

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Pursuant to Rule 135(4), the sitting was suspended until 4:25 p.m. The sitting resumed.

Ordered, That the Order for the consideration of the Eleventh Report of the Standing Senate Committee on Banking, Trade and Commerce, tabled in the Senate earlier this day, be reinstated on the Orders of the Day for the next sitting in the name of the Honourable Senator Lynch-Staunton.

ROYAL ASSENT

The Senate adjourned during pleasure to await the arrival of the Honourable the Deputy of His Excellency the Governor General. After awhile, the Honourable J. E. Michel Bastarache, a Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of His Excellency the Governor General, having come and being seated at the foot of the Throne-

The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-

"It is the desire of the Honourable the Deputy of His Excellency the Governor General that they attend him immediately in the Senate Chamber." The House of Commons being come,

The Honourable the Speaker of the Senate said-

"Honourable Members of the Senate:

Members of the House of Commons:

I have the honour to inform you that His Excellency the Governor General has been pleased to cause Letters Patent to be issued under His Sign Manual and Signet constituting the Honourable J. E. Michel Bastarache, Puisne Judge of the Supreme Court of Canada, his Deputy, to do in His Excellency's name all acts on his part necessary to be done during His Excellency's pleasure."

The said Commission was then read by one of the Clerks at the Table as follows:-

CANADA

Roméo LeBlanc (L.S.)

BY HIS EXCELLENCY the Right Honourable Roméo A. LeBlanc, a Member of the Queen's Privy Council for Canada, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Governor General and Commander-in-Chief of Canada.

TO THE HONOURABLE J. E. MICHEL BASTARACHE, a Puisne Judge of the Supreme Court of Canada.

GREETING:

KNOW YOU that being well assured of your loyalty, fidelity and capacity, I, the Right Honourable Roméo A. LeBlanc, Governor General of Canada, under and by virtue of and in pursuance of the power and authority vested in me by the Commission of Her Majesty Queen Elizabeth II, under the Great Seal of Canada, dated the sixteenth day of January in the year of Our Lord one thousand nine hundred and ninety-five, constituting and appointing me to be Governor General of Canada do hereby nominate, constitute and appoint you, J. E. Michel Bastarache, to be my Deputy within Canada and in that capacity to exercise, subject to any limitations or directions from time to time expressed or given by Her Majesty, all the powers, authorities and functions vested in and of right exercisable by me as Governor General, saving and excepting the power of dissolving the Parliament of Canada.

PROVIDED ALWAYS that the appointment of my said Deputy shall not affect the exercise of any such power, authority or function by me, the Right Honourable Roméo A. LeBlanc, in person.

AND PROVIDED ALWAYS, that you, J. E. Michel Bastarache, shall, during your continuance as my Deputy obey all such orders and instructions as you shall from time to time receive from me.

GIVEN under my hand and seal at Ottawa, this twenty-seventh day of November in the year of Our Lord one thousand nine hundred and ninety-seven and in the forty-sixth year of Her Majesty's Reign.

BY COMMAND,

KEVIN LYNCH

Deputy Registrar General of Canada. 

One of the Clerks at the table then read the titles of the Bills to be assented to as follows:

An Act respecting cooperatives (Bill C-5, Chapter 1, 1998)

An Act to amend the Small Business Loans Act (Bill C-21, Chapter 4, 1998).

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-

"In Her Majesty's name, the Honourable the Deputy of His Excellency the Governor General doth assent to these Bills."

4:42 p.m.

The Acting Speaker of the House of Commons addressed the Honourable the Deputy of His Excellency the Governor General as follows:

"May it Please Your Honour:

The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.

In the name of the Commons, I present to Your Honour the following Bills:

An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1998 (Bill C-33, Chapter 2, 1998)

An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1999 (Bill C-34, Chapter 3, 1998),

To which Bills I humbly request Your Honour's Assent."

After one of the Clerks at the Table read the titles of the Bills-

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:

"In Her Majesty's name, the Honourable the Deputy of His Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to these Bills."

4:48 p.m. The Commons withdrew. After which the Honourable the Deputy of His Excellency the Governor General was pleased to retire.

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Ordered, That the inquiry of the Honourable Senator Grafstein calling the attention of the Senate to the Statement of the Vatican on the Holocaust as a teaching document, be placed on the Orders of the Day for further debate at the next sitting, in the name of the Honourable Senator Carstairs.

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

Report of the Public Service Staff Relations Board for the fiscal year ended March 31, 1997, pursuant to the Parliamentary Employment and Staff Relations Act, R.S.C. 1985, c. 33 (2nd Supp.), s. 84.-Sessional Paper No. 1/36-528.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Perrault, P.C.:

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)

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Rivest substituted for that of the Honourable Senator Andreychuk (March 20).

The name of the Honourable Senator St. Germain substituted for that of the Honourable Senator Rivest (March 31).

Standing Senate Committee on Foreign Affairs

The name of the Honourable Senator Grimard substituted for that of the Honourable Senator Andreychuk (March 25).

Standing Committee on Internal Economy, Budgets and Administration

The name of the Honourable Senator Atkins substituted for that of the Honourable Senator DeWare (March 26).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Moore substituted for that of the Honourable Senator Bryden (March 30).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Perrault substituted for that of the Honourable Senator Rompkey (March 31).

Standing Committee on Privileges, Standing Rules and Orders

The name of the Honourable Senator Grimard substituted for that of the Honourable Senator Atkins (March 31).

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