47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

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Issue 59

Thursday, May 7, 1998
2:00 p.m.

The Honourable Eymard G. Corbin, Acting Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Atkins, Austin, Bacon, Balfour, Beaudoin, Bolduc, Bryden, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forest, Forrestall, Gauthier, Ghitter, Gigantès, Grafstein, Graham, Grimard, Gustafson, Hays, Hébert, Hervieux-Payette, Jessiman, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin, Prud'homme, Rivest, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rossiter, Simard, Sparrow, Stewart, Taylor, Tkachuk, Whelan, Wood

PRAYERS

DAILY ROUTINE OF BUSINESS

Government Notices of Motions

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

That when the Senate adjourns today, it do stand adjourned until Tuesday next, May 12. 1998, at 2:00 p.m.

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-31, An Act respecting Canada Lands Surveyors, 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 Cook, that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, May 12, 1998.

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

ANSWERS TO WRITTEN QUESTIONS

Pursuant to Rule 25(2), the Honourable Senator Carstairs tabled the following:

Reply to Question No. 103, dated March 31, 1998, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Public Works and Government Services.-Sessional Paper No. 1/36-578S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Order No. 1 was called and postponed until the next sitting. Second reading of 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 Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Losier-Cool, that the Bill be read the second time.

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

The question being put on the motion, it was adopted. Second reading of Bill C-15, An Act to amend the Canada Shipping Act and to make consequential amendments to other Acts.

The Honourable Senator Mercier moved, seconded by the Honourable Senator Milne, that the Bill be read the second time.

After debate, The Honourable Senator Kinsella for the Honourable Senator Forrestall moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. Order No. 4 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 First Report of the Special Committee of the Senate on Security and Intelligence (budget), presented in the Senate on May 5, 1998.

The Honourable Senator Kelly moved, seconded by the Honourable Senator Bolduc, that the Report be adopted.

The question being put on the motion, it was adopted. Consideration of the Second Report of the Special Committee of the Senate on Security and Intelligence (in camera meetings), presented in the Senate on May 5, 1998.

The Honourable Senator Kelly moved, seconded by the Honourable Senator Jessiman, 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

Order No. 21 (inquiry) was called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Berntson:

That a Special Committee of the Senate be appointed to examine and report on the manner in which the chain of command of the Canadian Forces both in-theatre and at National Defence Headquarters, responded to the operational, disciplinary, decision-making and administrative problems encountered during the Somalia deployment to the extent that these matters have not been examined by the Commission of Inquiry into the Deployment of Canadian Forces to Somalia;

That the Committee in examining these issues may call witnesses from whom it believes it may obtain evidence relevant to these matters including but not limited to:

1. former Ministers of National Defence;

2. the then Deputy Minister of National Defence;

3. the then Acting Chief of Staff of the Minister of National Defence;

4. the then special advisor to the Minister of National Defence (M. Campbell);

5. the then special advisor to the Minister of National Defence (J. Dixon);

6. the persons occupying the position of Judge Advocate General during the relevant period;

7. the then Deputy Judge Advocate General (litigation); and

8. the then Chief of Defence Staff and Deputy Chief of Defence Staff.

That seven Senators, nominated by the Committee of Selection act as members of the Special Committee, and that three members constitute a quorum;

That the Committee have power to send for persons, papers and records, to examine witnesses under oath, to report from time to time and to print such papers and evidence from day to day as may be ordered by the Committee;

That the Committee have power to authorize television and radio broadcasting, as it deems appropriate, of any or all of its proceedings;

That the Committee have the power to engage the services of such counsel and other professional, technical, clerical and other personnel as may be necessary for the purposes of its examination;

That the political parties represented on the Special Committee be granted allocations for expert assistance with the work of the Committee;

That it be empowered to adjourn from place to place within and outside Canada;

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

That the Committee submit its report not later than one year from the date of it being constituted, provided that if the Senate is not sitting, the report will be deemed submitted on the day such report is deposited with the Clerk of the Senate; and

That the Special Committee include in its report, its findings and recommendations regarding the structure, functioning and operational effectiveness of National Defence Headquarters, the relationship between the military and civilian components of NDHQ, and the relationship among the Deputy Minister of Defence, the Chief of Defence Staff and the Minister of National Defence,

And on the motion in amendment of the Honourable Senator Forrestall, seconded by the Honourable Senator Beaudoin, that the motion be amended by adding in paragraph 2 the following:

"9. the present Minister of National Defence.".

After debate, The Honourable Senator DeWare moved, seconded by the Honourable Senator Bolduc, that further debate on the motion in amendment 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 (inquiries) and 54 (motion) were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator DeWare:

That the Senate endorses and supports the findings and recommendations of the Commission of Inquiry on the Blood System in Canada;

That the Senate for humanitarian reasons urges the Government of Canada and the Governments of the Provinces and of the Territories to comply with these findings and recommendations; and

That a copy of this motion be forwarded to each federal, provincial and territorial Minister of Health.

After debate, The Honourable Senator Carstairs 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.

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

Report of the National Energy Board for the year ended December 31, 1997, pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7, s. 133.-Sessional Paper No. 1/36-576.

Reports of the Royal Canadian Mint from April 1, 1997 to December 31, 1997, pursuant to the Access to Information Act and the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). -Sessional Paper No. 1/36-577.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Joyal, 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 National Finance

The name of the Honourable Senator Johnstone substituted for that of the Honourable Senator Fitzpatrick (May 6).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Bryden substituted for that of the Honourable Senator Pépin (May 6).

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Stollery substituted for that of the Honourable Senator Chalifoux (May 6).

The names of the Honourable Senators Cohen, Chalifoux and Phillips substituted for those of the Honourable Senators Rossiter, Johnstone and LeBreton (May 7).

Standing Committee on Internal Economy, Budgets and Administration

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

Standing Committee on Privileges, Standing Rules and Orders

The names of the Honourable Senators Johnstone and Sparrow substituted for those of the Honourable Senators Grafstein and Pearson (May 7).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Johnstone substituted for that of the Honourable Senator Adams (May 7).

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