47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

---

Issue 58

Wednesday, May 6, 1998
1:30 p.m.

The Honourable Eymard G. Corbin, Acting Speaker

---

The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Balfour, Beaudoin, Berntson, Bryden, 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, Hays, Hébert, Hervieux-Payette, Jessiman, Johnson, Johnstone, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Phillips, Poulin, Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Whelan

PRAYERS

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Consideration of amendments by the House of Commons to 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:

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 Lewis moved, seconded by the Honourable Senator Cook, that the Senate concur in the amendments made by the House of Commons to 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, without amendment; and

That a Message be sent to the House of Commons to acquaint that House accordingly.

After debate, The question being put on the motion, it was adopted. Order No. 2 was called and postponed until the next sitting.

Reports of Committees

Consideration of the Sixth Report of the Standing Senate Committee on Transport and Communications (Bill S-2, An Act to amend the Canadian Transportation Accident Investigation and Safety Board Act and to make a consequential amendment to another Act, with amendments and observations) presented in the Senate on April 2, 1998.

The Honourable Senator Bacon moved, seconded by the Honourable Senator Joyal, P.C., that the Report be adopted.

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

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Joyal, P.C., that the Bill as amended 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.

OTHER BUSINESS

Senate Public Bills

Order No. 1 was called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Johnstone, for the second reading of Bill S-12, An Act to amend the Criminal Code (abuse of process).

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 Pépin, 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.

Reports of Committees

Consideration of the Eighteenth Report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of certain Committees), presented in the Senate on May 5, 1998.

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

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

Consideration of the Second Report of the Standing Joint Committee on the Library of Parliament (Parliament Vote 10), presented in the Senate on May 5, 1998.

The Honourable Senator Gigantès moved, seconded by the Honourable Senator Stewart, that the Report be adopted.

The question being put on the motion, it was adopted. Orders No. 3 to 6 were called and postponed until the next sitting.

Other

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 question being put on the motion, it was adopted. Resuming debate on the inquiry of the Honourable Senator Hays calling the attention of the Senate to the Sixth Annual Meeting of the Asia-Pacific Parliamentary Forum, held in Seoul, Republic of Korea, from January 7 to 10, 1998.

Debate concluded. Orders No. 21 (inquiry), 1 (motion) 14, 27, 15, 25 (inquiries), 45 (motion), 12, 19, 24 and 18 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Milne calling the attention of the Senate to the legalization of industrial hemp cultivation; and to the credit due the Senate for its role in ensuring hemp would be planted in Canada this year.

Debate concluded. Order No. 54 (motion) was called and postponed until the next sitting. Order No. 16 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.

INQUIRIES

The Honourable Senator Carney, P.C., called the attention of the Senate to the effect of federal policies relating to the West Coast fisheries on coastal communities and on the fishermen themselves.

Debate concluded.

MOTIONS

The Honourable Senator Rompkey, P.C. moved, seconded by the Honourable Senator St. Germain, P.C.:

That, in the opinion of the Senate, the Government, in recognition of the tremendous contribution of the members of the Canadian Forces to the protection of Canadian sovereignty, United Nations peacekeeping missions, the NATO alliance, humanitarian assistance, disaster relief and search and rescue operations, should proclaim June 15 as "Canadian Forces Day".

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

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

Summary of Corporate Plan for 1997-98 to 2001-02 of the Canadian Broadcasting Corporation, pursuant to the Broadcasting Act, S.C. 1991, c. 11, sbs. 55(4).-Sessional Paper No. 1/36-575.

ADJOURNMENT

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

That the Senate do now adjourn.

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

___________________________________ 

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

Special Joint Committee on Child Custody and Access

The name of the Honourable Senator Cohen substituted for that of the Honourable Senator St. Germain (April 27).

Standing Committee on Privileges, Standing Rules and Orders

The name of the Honourable Senator DeWare substituted for that of the Honourable Senator Robertson (May 5).

The name of the Honourable Senator Robertson substituted for that of the Honourable Senator DeWare (May 6).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Losier-Cool (May 6).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator De Bané substituted for that of the Honourable Senator Losier-Cool (May 6).

Standing Senate Committee on Social Affairs, Science and Tech nology

The names of the Honourable Senators Chalifoux and Rossiter substituted for those of the Honourable Senators Forest and Cohen, and the name of the Honourable Senator Cook added (May 6).

---