Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 114
Tuesday, March 2, 1999
2:00 p.m.
The Honourable Fernand Robichaud, P.C., Acting Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Beaudoin, Berntson, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, De Bané, Di Nino, Eyton, Fairbairn, Ferretti Barth, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Gustafson, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kenny, Kinsella, Kirby, Lavoie-Roux, LeBreton, Lewis, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Moore, Murray, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin (Charette), Prud'homme, Rivest, Roberge, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan, Wilson,
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Beaudoin, Berntson, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, De Bané, Di Nino, Eyton, Fairbairn, Ferretti Barth, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Gustafson, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kenny, Kinsella, Kirby, *Kroft, Lavoie-Roux, LeBreton, Lewis, *Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, *Molgat, Moore, Murray, *Nolin, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin (Charette), Prud'homme, Rivest, Roberge, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan, Wilson
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 Robichaud, P.C. (Saint-Louis-de-Kent) do preside as Speaker.
Whereupon the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent) took the Chair.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
Ordered, That the Ninth Report of the Standing Senate Committee on National Finance, tabled in the Senate on February 18, 1999, be placed on the Orders of the Day for consideration later this day in the name of the Honourable Senator Stratton. The Honourable Senator Phillips informed the Senate that, pursuant to an Order adopted by the Senate on November 5, 1997, he had deposited with the Clerk of the Senate on February 25, 1999, the Sixteenth Report of the Standing Senate Committee on Social Affairs, Science and Technology entitled: "Raising the Bar: Creating a New Standard in Veterans Health Care".-Sessional Paper No. 1/36-1054S.The Honourable Senator Phillips moved, seconded by the Honourable Senator Murray, P.C., that the Report be placed on the Orders of the Day for consideration on Thursday next, March 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 Pépin:That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, March 3, 1999, at 1:30 p.m.
The question being put on the motion, it was adopted.
Presentation of Petitions
The Honourable Senator Kirby presented the following petition:Of the Certified General Accountants' Association of Canada, of the City of Montreal, in the Province of Quebec; praying for the passage of an Act respecting the Certified General Accountants' Association of Canada.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Carstairs tabled the following:Reply to Question No. 117, dated May 14, 1998, appearing on the Order Paper in the name of the Honourable Senator LeBreton, respecting the Prime Minister's visit to Cuba on April 27-28, 1998.-Sessional Paper No. 1/36-1055S.
Reply to Question No 136, dated November 17, 1998, appearing on the Order Paper in the name of the Honourable Senator LeBreton, respecting S/Sgt. Fiegenwald's retirement from the RCMP.-Sessional Paper No. 1/36-1056S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-57, An Act to amend the Nunavut Act with respect to the Nunavut Court of Justice and to amend other Acts in consequence.The Honourable Senator Pépin moved, seconded by the Honourable Senator Grafstein, that the Bill be read the third time.
After debate, The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment. Third reading of Bill C-41, An Act to amend the Royal Canadian Mint Act and the Currency Act.
The Honourable Senator Ferretti Barth moved, seconded by the Honourable Senator Maheu, that the Bill be read the third time.
After debate, The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Kelly, seconded by the Honourable Senator Beaudoin, for the adoption of the Report of the Special Committee of the Senate on Security and Intelligence, deposited with the Clerk of the Senate on January 14, 1999.After debate, In amendment, the Honourable Senator Carstairs moved, seconded by the Honourable Senator Fairbairn, P.C., that the Report be not now adopted, but that it be amended by deleting recommendation No. 33; and
That recommendation No. 33 be referred to the Standing Committee on Privileges, Standing Rules and Orders for consideration and report.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Kinsella, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted. Order No. 6 was called and postponed until the next sitting. Consideration of the Ninth Report of the Standing Senate Committee on National Finance, entitled "Retention and Compensation Issues in the Public Service", tabled in the Senate on February 18, 1999.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Cohen, that the Report be adopted.
After debate, The Honourable Senator Carstairs for the Honourable Senator Cools moved, seconded by the Honourable Senator Fairbairn, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 59, 44, 46, 39 (inquiries), 118, 45 (motions) and 50 (inquiry) 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 Callbeck 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. Orders No. 51, 34 (inquiries), 88 (motion), 23, 47 and 49 (inquiries) were 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 Kinsella moved, seconded by the Honourable Senator Forrestall, that further debate on the motion in amendment 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 on the use of electronic surveillance for the years ended December 31, 1996 and 1997, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, sbs. 195(4).-Sessional Paper No. 1/36-1045.Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Distex Inc. regarding jacquard circular weft-knit fabric", dated February 8, 1999, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.-Sessional Paper No. 1/36-1046.
Report of the National Arts Centre, together with the Auditor General's report, for the fiscal year ended March 31, 1998, pursuant to the National Arts Centre Act, R.S.C. 1985, c. N-3, sbs. 17(2).-Sessional Paper No. 1/36-1047.
Report of Atomic Energy of Canada Limited, 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. 1/36-1048.
Agreement for RCMP Policing Services made on October 1, 1996, municipality name change from Grand Centre to Cold Lake, Alberta, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 1/36-1049.
Report on the administration of the Canadian Forces Superannuation Act for the fiscal year ended March 31, 1998, pursuant to the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, ss. 57 and 72.-Sessional Paper No. 1/36-1050.
Report of the Northern Pipeline Agency, together with the Auditor General's report, for the fiscal year ended March 31, 1998, pursuant to the Northern Pipeline Act, R.S.C. 1985, c. N-26, ss. 13 and 14.-Sessional Paper No. 1/36-1051.
Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Cambridge Industries regarding netting", dated February 12, 1999, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.-Sessional Paper No. 1/36-1052.
1999-2000 Estimates, Parts I and II: The Government Expenditure Plan, and the Main Estimates.-Sessional Paper No. 1/36-1053.
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.
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional AffairsThe name of the Honourable Senator Pearson substituted for that of the Honourable Senator Joyal (March 1).
The names of the Honourable Senators Joyal and Pearson substituted for those of the Honourable Senators Pearson and Pépin (March 2).
Standing Senate Committee on National Finance
The names of the Honourable Senators Ferretti Barth and Cook substituted for those of the Honourable Senators Callbeck and Carstairs (March 2).