47 Elizabeth II, A.D. 1999, Canada

Journals of the Senate

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Issue 105

Tuesday, February 2, 1999
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Buchanan, Butts, Carney, Carstairs, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Johnson, Johnstone, Joyal, Kelleher, Kelly, Keon, Kinsella, Kolber, Kroft, Lavoie-Roux, Lawson, LeBreton, Losier-Cool, Maheu, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Nolin, Oliver, Pearson, Phillips, Poulin, Poy, Prud'homme, Roberge, Robertson, Robichaud , (Saint-Louis-de-Kent), Roche, Ruck, St. Germain, Simard, Sparrow, Stewart, Stollery, Tkachuk, Watt, Whelan, Wilson

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Buchanan, Butts, Carney, Carstairs, *Chalifoux, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, *Gustafson, *Hays, *Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Keon, Kinsella, *Kirby, Kolber, Kroft, Lavoie-Roux, Lawson, LeBreton, Losier-Cool, Maheu, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Nolin, Oliver, Pearson, Phillips, Poulin, Poy, Prud'homme, Roberge, Robertson, Robichaud, (Saint-Louis-de-Kent), Roche, Ruck, St. Germain, Simard, Sparrow, *Spivak, Stewart, Stollery, *Stratton, *Taylor, Tkachuk, Watt, Whelan, Wilson

PRAYERS

Tribute was paid to the memory of the Honourable Senator Bosa, whose death occurred December 10, 1998.

The Senate observed a minute of silence.

SENATORS' STATEMENTS

Pursuant to Rule 43(7), the Honourable Senator Kinsella gave notice that he would raise a question of privilege in respect to an item contained in the February 1999 Canadian edition of Hustler which concerns the Minister of Canadian Heritage, the Honourable Sheila Copps, P.C., M.P. Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker tabled the following:

Annual Report of the Parliamentary Librarian for the fiscal year 1997-98.-Sessional Paper No. 1/36-985.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Kelly, Chair of the Special Committee of the Senate on Security and Intelligence, informed the Senate that, pursuant to an Order adopted by the Senate on December 8, 1998, he had deposited the Report of the said Committee with the Clerk of the Senate on January 14, 1999. -Sessional Paper No. 1/36-986S.

The Honourable Senator Kelly moved, seconded by the Honourable Senator Carney, P.C., that the Report be placed on the Orders of the Day for consideration on Thursday next, February 4, 1999.

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 Graham, P.C.:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, February 3, 1999 , at 1:30 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-58, An Act to amend the Railway Safety Act and to make a consequential amendment to another Act, 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 Fairbairn, P.C., that the Bill be placed on the Orders of the Day for a second reading on Thursday next, February 4, 1999.

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

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Orders No. 1 and 2 were called and postponed until the next sitting. Second reading of Bill S-23, An Act to amend the Carriage by Air Act to give effect to a Protocol to amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air and to give effect to the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier.

The Honourable Senator De Bané, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent), that the Bill be read the second time.

After debate, The Honourable Senator Roberge moved, seconded by the Honourable Senator Beaudoin, 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. Second reading of Bill S-22, An Act authorizing the United States to preclear travellers and goods in Canada for entry into the United States for the purposes of customs, immigration, public health, food inspection and plant and animal health.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Joyal, P.C., that the Bill be read the second time.

After debate, The Honourable Senator DeWare for the Honourable Senator Buchanan, P.C., moved, seconded by the Honourable Senator Robertson, that further debate on the motion 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.

Commons Public Bills

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

Reports of Committees

Resuming debate on the consideration of the Final Report of the Special Joint Committee on Child Custody and Access entitled: "For the Sake of the Children", tabled in the Senate on December 9, 1998.

After debate, The Honourable Senator Cohen moved, seconded by the Honourable Senator Robertson, that further debate on the consideration of the Report be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 2 to 6 were called and postponed until the next sitting.

Other

Orders No. 42 and 51 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Stewart calling the attention of the Senate to the Eighth Report of the Standing Senate Committee on Foreign Affairs entitled: "Crisis in Asia: Implications for the Region, Canada and the World."

After debate, Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Andreychuk. Orders No. 34, 46 (inquiries), 88 (motion), 23 and 47 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Carstairs calling the attention of the Senate to the magnitude of family violence in our society and, in particular, the need for collaborative efforts to seek solutions to the various aspects of this form of violence.

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

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

Orders No. 49 (inquiry), 45, 1 (motions), 39, 44, 15 (inquiries) and 1 (other) were called and postponed until the next sitting.

QUESTION OF PRIVILEGE

Pursuant to Rule 43(8), the Senate proceeded to the consideration of Senator Kinsella's question of privilege in respect to an item contained in the February 1999 Canadian edition of Hustler which concerns the Minister of Canadian Heritage, the Honourable Sheila Copps. P.C., M.P.

After debate, The Speaker reserved his decision.

INQUIRIES

The Honourable Senator Poy called the attention of the Senate to the history of the Chinese in Canada.

Debate concluded.

MOTIONS

The Honourable Senator Watt moved, seconded by the Honourable Senator Adams:

That the Standing Senate Committee on Aboriginal Peoples have power to sit at 4:00 p.m. on Tuesdays for the balance of the present session, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

After debate, With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:

That the Standing Senate Committee on Aboriginal Peoples have power to sit at 5:00 p.m. on Tuesdays for the balance of the present session, 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 as modified, it was adopted.

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

Report by the Minister of Canadian Heritage on Official Languages activities for the fiscal years 1996-97 and 1997-98, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 44.-Sessional Paper No. 1/36-959.

Report of Atomic Energy of Canada Limited on the administration of the Alternative Fuels Act for the fiscal year ended March 31, 1998, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.-Sessional Paper No. 1/36-960.

Actuarial Report of the Superintendent of Financial Institutions on the Canada Pension Plan as at December 31, 1997, pursuant to the Act to amend the Canada Pension Plan and the Federal Court Act, R.S.C. 1985, c. 30 (2nd Supp.), s. 58. -Sessional Paper No. 1/36-961.

Report on Crown Corporation and Other Corporate Interests of Canada for the year 1998, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 151(1). -Sessional Paper No. 1/36-962.

Report on the administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 1998, pursuant to the Members of Parliament Retiring Allowances Act, R.S.C. 1985, c. M-5, s. 41.-Sessional. Paper No. 1/36-963.

Report on the administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 1998, pursuant to the Supplementary Retirement Benefits Act, R.S.C. 1985, c. S-24, s. 12.-Sessional Paper No. 1/36-964.

Report of the Freshwater Fish Marketing Corporation, together with the Auditor General's report, for the fiscal year ended March 31, 1998, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).-Sessional Paper No. 1/36-965.

Report on the administration of the Atlantic Fisheries Restructuring Act for the fiscal year ended March 31, 1998, pursuant to the Atlantic Fisheries Restructuring Act, R.S.C. 1985, c. A-14, sbs. 8(1).-Sessional Paper No. 1/36-966.

Report of the Director of Investigation and Research on the proceedings under the Competition Act for the fiscal year ended March 31, 1998, pursuant to the Competition Act, R.S.C. 1985, c. 19 (2nd Supp.), s. 127.-Sessional Paper No. 1/36-967.

Report on the receipts and disbursements of the Office of the Auditor General for the fiscal year ended March 31, 1998, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 21(2).-Sessional Paper No. 1/36-968.

Report of the Enterprise Cape Breton Corporation on the administration of the Alternative Fuels Act for the fiscal year ended March 31, 1998, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.-Sessional Paper No. 1/36-969.

Treaty on Extradition between the Government of Canada and the Government of the Swiss Confederation, pursuant to the Extradition Act, R.S.C. 1985, c. E-23, s. 7.-Sessional Paper No. 1/36-970.

Treaty on Extradition between the Government of Canada and the Government of the Republic of Korea, pursuant to the Extradition Act, R.S.C. 1985, c. E-23, s. 7.-Sessional Paper No. 1/36-971.

Treaty on Extradition between the Government of Canada and the Government of Spain, pursuant to the Extradition Act, R.S.C. 1985, c. E-23, s. 7.-Sessional Paper No. 1/36-972.

Treaty on Extradition between the Government of Canada and the Government of the United States of America, pursuant to the Extradition Act, R.S.C. 1985, c. E-23, s. 7.-Sessional Paper No. 1/36-973.

Treaty on Extradition between the Government of Canada and the Government of Hong Kong, pursuant to the Extradition Act, R.S.C. 1985, c. E-23, s. 7.-Sessional Paper No. 1/36-974.

Treaty on Extradition between the Government of Canada and the Government of the Republic of the Philippines, pursuant to the Extradition Act, R.S.C. 1985, c. E-23, s. 7.-Sessional Paper No. 1/36-975.

Treaty on Extradition between the Government of Canada and the Government of the United Mexican States, pursuant to the Extradition Act, R.S.C. 1985, c. E-23, s. 7.-Sessional Paper No. 1/36-976.

Treaty on Extradition between the Government of Canada and the Government of the Kingdom of the Netherlands, pursuant to the Extradition Act, R.S.C. 1985, c. E-23, s. 7.-Sessional Paper No. 1/36-977.

Report on Exemptions Issued to Masters, Mates and Engineers for the year 1998, pursuant to the Canada Shipping Act, R.S.C. 1985, c. S-9, sbs. 132(2).-Sessional Paper No. 1/36-978.

Report of the Office of the Superintendent of Financial Institutions on the administration of the Pension Benefits Standards Act, 1985, for the fiscal year ended March 31, 1998, pursuant to the Pension Benefits Standards Act, R.S.C. 1985, c. 32 (2nd Supp.), s. 40.-Sessional Paper No. 1/36-979.

Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Wire Rope Industries Ltd. regarding Sisal Rope", dated January 5, 1999, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.-Sessional Paper No. 1/36-980.

Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Doubletex regarding high-twist, woven fabric of 100 percent cotton", dated December 21, 1998, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.-Sessional Paper No. 1/36-981.

Report on the administration and operation of the Canada Health Act for the fiscal year ended March 31, 1998, pursuant to the Canada Health Act, R.S.C. 1985, c. C-6, s. 23.-Sessional Paper No. 1/36-982.

Report on the administration of the Canadian Environmental Protection Act for the fiscal year ended March 31, 1997, pursuant to the Canadian Environmental Protection Act, R.S.C. 1985, c. 16 (4th Supp.), s. 138.-Sessional Paper No. 1/36-983.

Report of the Clerk of the Privy Council and Secretary to Cabinet to the Prime Minister on the Public Service of Canada, pursuant to the Public Service Employment Act, R.S.C. 1985, c. P-33, sbs. 47(2).-Sessional Paper No. 1/36-984.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Austin, 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 Social Affairs, Science and Technology

The names of the Honourable Senators Callbeck and Ruck substituted for those of the Honourable Senators Cools and Poy (December 11).

The names of the Honourable Senators Cools, Maloney and Poy substituted for those of the Honourable Senators Callbeck, Robichaud (Saint-Louis-de-Kent) and Ruck (January 5).

The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Johnstone (January 22).

The name of the Honourable Senator Johnstone substituted for that of the Honourable Senator Callbeck (January 25).

Standing Senate Committee on Banking, Trade and Commerce

The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Kroft (January 5).

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Taylor substituted for that of the Honourable Senator Kroft (January 5).

The name of the Honourable Senator Kroft substituted for that of the Honourable Senator Butts (January 20).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Mahovlich (January 5).

Committee of Selection

The name of the Honourable Senator Robichaud (L'Acadie-Acadia) added to the membership (January 5).

The name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Lewis (January 5).

Special Committee of the Senate on Transportation Safety and Security

The name of the Honourable Senator Adams substituted for that of the Honourable Senator Chalifoux (January 5).

Standing Committee on Internal Economy, Budgets and Administration

The names of the Honourable Senators Fitzpatrick and Milne substituted for those of the Honourable Senators Losier-Cool and De Bané (January 18).

The name of the Honourable Senator Bryden substituted for that of the Honourable Senator Callbeck (January 19).

The name of the Honourable Senator Carstairs and Maheu substituted for that of the Honourable Senator Maheu and Carstairs (January 21).

The names of the Honourable Senators De Bané, Losier-Cool and Callbeck substituted for those of the Honourable Senators Milne, Fitzpatrick and Bryden (January 27).

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Hervieux-Payette substituted for that of the Honourable Senator Sparrow (January 20).

Standing Senate Committee on National Finance

The name of the Honourable Senators Cook substituted for that of the Honourable Senator Sparrow (January 20).

The name of the Honourable Senator Fraser added to the membership (January 20).

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