47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

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Issue 57

Tuesday, May 5, 1998
2:00 p.m.

The Honourable Eymard G. Corbin, Acting Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Bacon, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Forest, Forrestall, Gauthier, Ghitter, Gigantès, Grafstein, Graham, Grimard, Hébert, Hervieux-Payette, Jessiman, Johnson, Johnstone, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Lavoie-Roux, Lawson, LeBreton, Lewis, Lucier, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin, Prud'homme, Rivest, Roberge, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan, Wood

The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent.

The Honourable Senator Graham, P.C., moved, seconded by the Honourable Senator Lynch-Staunton:

That during the absence of the Honourable the Speaker, the Honourable Senator Corbin do preside as Speaker.

Whereupon the Honourable Senator Corbin took the Chair.

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Bryden, Deputy Chair of the Special Committee of the Senate on Security and Intelligence, presented its First Report (budget).

(The Report is printed as an Appendix)

The Honourable Senator Bryden moved, seconded by the Honourable Senator Butts, that the Report be placed on the Orders of the Day for consideration on Thursday next, May 7, 1998.

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

The Honourable Senator Bryden presented the following:

TUESDAY, May 5, 1998

The Special Committee of the Senate on Security and Intelligence has the honour to present its

SECOND REPORT

Your Committee, which was authorized by the Senate on March 26, 1998 to examine matters relating to the threat posed to Canada by terrorism and the counter-terrorism activities of the Government of Canada, and to present its final report no later than September 29, 1998, respectfully requests that, notwithstanding Rule 92(2), it be empowered to hold its meetings in-camera for the purpose of hearing witnesses and gathering specialized or sensitive information.

Respectfully submitted,

JOHN G. BRYDEN

Deputy Chair

The Honourable Senator Bryden moved, seconded by the Honourable Senator Forest, that the Report be placed on the Orders of the Day for consideration on Thursday next, May 7, 1998.

The question being put on the motion, it was adopted. The Honourable Senator Rompkey, P.C., presented the following:

TUESDAY, May 5, 1998

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

EIGHTEENTH REPORT

Your Committee has examined and approved the budgets presented to it by the following Committees for the proposed expenditures of the said Committees for the fiscal year ending March 31, 1999:

Standing Committee on Transport and Communications (Legislation):

Professional and Other Services	$ 46,250
Transportation and Communication	6,700
All Other Expenditures	700
TOTAL	$ 53,650

Standing Committee on Transport and Communications (Canada's International Competitive Position in Communications):

Professional and Other Services	$ 91,000
Transportation and Communication	99,500
All Other Expenditures	500
TOTAL	$191,050

Standing Committee on Privileges, Standing Rules and Orders:

Professional and Other Services	$ 10,000
Transportation and Communication	0
All Other Expenditures	0
TOTAL	$ 10,000

Standing Committee on Legal and Constitutional Affairs (Legislation):

Professional and Other Services	$ 17,900
Transportation and Communication	16, 000
All Other Expenditures	1,500
TOTAL	$ 35,400

Standing Committee on Energy, the Environment and Natural Resources (Legislation):

Professional and Other Services	$ 6,170
Transportation and Communication	47,344
All Other Expenditures	3 500
TOTAL	$ 57,014

Standing Joint Committee on the Scrutiny of Regulations (Senate's Share):

Professional and Other Services	$ 58,500
Transportation and Communication	4,550
All Other Expenditures	7,560
TOTAL	$ 63,690

Standing Committee on Aboriginal Peoples (Special Study on the Royal Commission Report on Aboriginal Peoples):

Professional and Other Services	$ 25,000
Transportation and Communication	6, 000
All Other Expenditures	1,000
TOTAL	$ 32,000

Respectfully submitted,

WILLIAM ROMPKEY

Chair

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Perrault, 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. The Honourable Senator Gigantès presented the following:

TUESDAY, May 5, 1998

The Standing Joint Committee on the Library of Parliament has the honour to present its

SECOND REPORT

In accordance with its Order of Reference from the Senate of Wednesday, March 18, 1998 and from the House of Commons of Thursday, February 26, 1998, the Committee has considered Vote 10 under PARLIAMENT in the Main Estimates for the fiscal year ending March 31, 1999, and reports the same.

A copy of the relevant Minutes of Proceedings (Meeting No. 3) is tabled in the House of Commons.

Respectfully submitted,

PHILIPPE D. GIGANTÈS

Joint Chair

The Honourable Senator Gigantès moved, seconded by the Honourable Senator Ferretti Barth, 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 Hébert:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, May 6, 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

The Honourable Senator Carstairs presented a Bill S-16, An Act to implement an agreement between Canada and the Socialist Republic of Vietnam, an agreement between Canada and the Republic of Croatia and a convention between Canada and the Republic of Chile, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.

The Bill was read the first time.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Whelan, P.C., that the Bill be placed on the Orders of the Day for a second reading on Thursday next, May 7, 1998.

The question being put on the motion, it was adopted. A Message was brought from the House of Commons with a Bill C-15, An Act to amend the Canada Shipping Act and to make consequential amendments to other Acts, 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 Joyal, P.C., that the Bill be placed on the Orders of the Day for a second reading on Thursday next, May 7, 1998.

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

MESSAGES FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons to return Bill S-5, An Act to amend the Canada Evidence Act and the Criminal Code in respect of persons with disabilities, to amend the Canadian Human Rights Act in respect of persons with disabilities and other matters and to make consequential amendments to other Acts,

And to acquaint the Senate that the Commons have passed this Bill with amendments to which they desire the concurrence of the Senate.

The amendments were then read by one of the Clerks at the Table, as follows:

Clause 2

Replace lines 8 to 12 on page 3 with the following:

"dependency and who, for a sexual purpose, counsels or incites that person to touch, without that person's consent, his or her own body, the body of the person who so counsels or incites, or the body of any other person, directly or indirectly, with a part of the body or with an object,"

Replace line 12 on page 4 with the following:

"(c) the accused counsels or incites"

Clause 16

Replace, in the English version, line 40 on page 9 with the following:

"objectives the program, plan or arrange-"

Clause 20

Replace lines 11 and 12 on page 11 with the following:

"(2) Subsections 27(2) to (4) of Act are replaced by the following:

(2) The Commission may, on application or on its own initiative, by order, issue a guideline setting out the extent to which and the manner in which, in the opinion of the Commission, any provision of this Act applies in a class of cases described in the guideline."

Add after line 19 on page 11 the following:

"(4) Each guideline issued under subsection (2) shall be published in Part II of the Canada Gazette."

Clause 23

Replace, in the English version, line 47 on page 11 with the following:

"request the Chairperson of the Tribunal to"

Clause 27

Replace lines 11 to 18 on page 13 with the following:

"(3) The Chairperson and Vice-chairperson must be members in good standing of the bar of a province or the Chambre des notaires du Québec for at least ten years and at least two of the other members of the Tribunal must be members in good standing of the bar of a province or the Chambre des notaires du Québec."

Clause 39

Add after line 4 on page 28 the following:

"(4.1) A member whose appointment expires may, with the approval of the Chairperson, conclude any hearing that the member has begun, and a person performing duties under this section is deemed to be a part-time member for the purposes of section 48.3 of the Canadian Human Rights Act."

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Lewis, that the amendments be placed on the Orders of the Day for consideration at the next sitting.

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

Notices of Motions

With leave of the Senate, The Honourable Senator Whelan, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent):

That the Standing Senate Committee on Agriculture and Forestry have power to sit at 3:15 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.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Order No. 1 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 and 2 were called and postponed until the next sitting.

Reports of Committees

Consideration of the Fifth Report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-8, An Act to amend the Tobacco Act (content regulation) with certain amendments) presented in the Senate on April 30, 1998.

The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Bolduc, that the Report be adopted.

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

The Honourable Senator Carstairs for the Honourable Senator Gigantès moved, seconded by the Honourable Senator Stewart, that the Bill, as amended, be placed on the Orders of the Day for a third reading on Thursday next, May 7, 1998.

The question being put on the motion, it was adopted. Orders No. 2 to 5 were called and postponed until the next sitting.

Other

Orders No. 22, 21 (inquiries) and 1 (motion) were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Butts:

That the Senate urge the governments of the provinces and territories to ensure that their laws respecting the enforcement of interprovincial subpoenas explicitly provide that they are applicable, not only to courts of law, but also to commissions of inquiry;

That the Senate also urge the government of any province or territory to amend such laws where they are not clearly applicable to commissions of inquiry in order to remove any doubt; and

That a message be sent to the Assemblies of the provincial and territorial legislatures to acquaint them accordingly.

After debate, The Honourable Senator Carstairs for the Honourable Senator Watt moved, seconded by the Honourable Senator Hébert, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 14, 27, 15, 25 (inquiries), 45 (motion), 12, 19, 24, 18 and 20 (inquiries) 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 question being put on the motion, it was adopted. Orders No. 54 (motion) and 16 (inquiry) were called and postponed until the next sitting.

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

Document entitled "Canadian Security Intelligence Service-1997 Public Report".-Sessional Paper No. 1/36-572.

Report of the Chicken Farmers of Canada for the year ended December 31, 1997, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.-Sessional Paper No. 1/36-573.

Report of the Canadian Broiler Hatching Egg Marketing Agency for the year ended December 31, 1997, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.-Sessional Paper No. 1/36-574.

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.

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Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Banking, Trade and Commerce

The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Nolin (May 1).

Special Joint Committee on Child Custody and Access

The name of the Honourable Senator Butts substituted for that of the Honourable Senator Pépin (May 4).

The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Butts (May 5).

Standing Senate Committee on Foreign Affairs

The names of the Honourable Senators Losier-Cool, DeBané and Grafstein substituted for those of the Honourable Senators Milne, Cook and Johnstone (May 5).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Pépin (May 5).

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