47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

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Issue 85

Thursday, October 22, 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, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Carney, Carstairs, Chalifoux, Cochrane, Comeau, Cook, Cools, Corbin, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Johnson, Johnstone, Joyal, Kelly, Keon, Kinsella, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, Pearson, Pépin, Phillips, Poy, Prud'homme, Rivest, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Whelan, Wilson

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, *Angus, Atkins, *Austin, Bacon, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, *Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Comeau, Cook, Cools, Corbin, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, *Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, *Hervieux-Payette, Johnson, Johnstone, Joyal, *Kelleher, Kelly, *Kenny, Keon, Kinsella, *Kirby, *Kolber, *Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, *Oliver, Pearson, Pépin, Phillips, Poy, Prud'homme, Rivest, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), *Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, *Tkachuk, Whelan, Wilson

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Milne presented the following:

THURSDAY, October 22, 1998

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

FOURTEENTH REPORT

Your Committee, to which was referred Bill C-37, An Act to amend the Judges Act and to make consequential amendments to other Acts, has, in obedience to the Order of Reference of Tuesday, September 22, 1998, examined the said Bill and now reports the same with the following amendments:

1. Page 1, Clause 1: Delete Clause 1 and renumber subsequent clauses accordingly.

2. In the French version, Page 3, Clause 6: Replace line 4 with the following:

"de la rémunération des juges chargée".

3. Page 3, Clause 6: Add after line 7, on page 3, the following:

"(1.1) In conducting its inquiry, the Commission shall consider

(a) the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government;

(b) the role of financial security of the judiciary in ensuring judicial independence;

(c) the need to attract outstanding candidates to the judiciary; and

(d) any other objective criteria that the Commission considers relevant.".

4. Page 4, Clause 6: Replace line 14 with the following:

"a report of the Commission within six months after receiving it.".

5. Page 6, Clause 9: Delete Clause 9 and renumber subsequent clauses accordingly.

6. Pages 6, 7 and 8: Clause 10: Delete Clause 10 and renumber subsequent clauses accordingly.

7. Page 8, Clause 11: Delete Clause 11 and renumber subsequent clauses accordingly.

8. Page 13, Clause 21: Replace lines 1 to 3 with the following:

"21. Sections 2, 3, 7 and 14 to 20 come into force on a day or".

Respectfully submitted,

LORNA MILNE

Chair

The Honourable Senator Milne moved, seconded by the Honourable Senator Poy, 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 Pépin:

That when the Senate adjourns today, it do stand adjourned until Tuesday next, October, 27, 1998, at 2:00 p.m.

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

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Grafstein tabled the following:

Report on the Visit to Washington, D.C. by the Co-Chairs of the Canadian Section of the Canada-United States Inter-Parliamentary Group, from July 21 to 23, 1998.-Sessional Paper No. 1/36-870.

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The Honourable Senator Graham, P.C., tabled the following:

Documents concerning funding for complainants at the APEC hearing.-Sessional Paper No. 1/36-871S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third reading of Bill C-29, An Act to establish the Parks Canada Agency and to amend other Acts as a consequence.

The Honourable Senator Fitzpatrick moved, seconded by the Honourable Senator Ruck, that the Bill be read the third time.

After debate, The Honourable Senator Ghitter 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. Resuming debate on the motion of the Honourable Senator Bryden, seconded by the Honourable Senator Stewart, for the second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts.

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

The Bill was then read the second time.

The Honourable Senator Bryden moved, seconded by the Honourable Senator Gill, 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. Second reading of Bill C-52, An Act to implement the Comprehensive Nuclear Test-Ban Treaty.

The Honourable Senator Corbin moved, seconded by the Honourable Senator Cook, that the Bill be read the second time.

After debate, The Honourable Senator DeWare for the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Atkins, that further debate on the motion be adjourned until thenext 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

Order No. 1 was called and postponed until the next sitting.

Private Bills

Orders No. 1 and 2 were called and postponed until thenext sitting.

Reports of Committees

Orders No. 1 to 5 were called and postponed until thenext sitting.

Other

Orders No. 23, 41 (inquiries), 87, 45, 1 (motions), 39, 35 15, 34 and 37 (inquiries) were called and postponed until thenext sitting.

INQUIRIES

The Honourable Senator Wilson called the attention of the Senate to the fiftieth anniversary year of the Universal Declaration on Human Rights, and its implications for Canada.

After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Joyal, P.C., 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 Organization on Security and Cooperation in Europe (OSCE) Parliamentary Seminar on Conflict Resolution and Democratic Development in the Caucasus, held in Tbilisi, Republic of Georgia, from October 3 to 6, 1998.

Debate concluded.

MOTIONS

The Honourable Senator Carney, P.C., moved, seconded by the Honourable Senator Bolduc:

That the Senate supports the granting of funding for legal counsel to complainants at the APEC hearing in Vancouver before the RCMP Public Complaints Commission.

After debate, The Honourable Senator Carstairs for the Honourable Senator Graham, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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 Film Board of Canada, together with the Auditor General's report, for the fiscal year ended March 31, 1998, pursuant to the National Film Act, R.S.C. 1985, c. N-8, sbs. 20(1).-Sessional Paper No. 1/36-868.

Summaries of the Corporate Plan for 1998-99 to 2002-03 and of the Operating and Capital Budgets for 1998-99 of the Old Port of Montreal Corporation Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). -Sessional Paper No. 1/36-869.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Fraser:

That the Senate do now adjourn.

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

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