Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 125
Thursday, March 25, 1999
9:00 a.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Balfour, Beaudoin, Berntson, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cogger, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kroft, Lavoie-Roux, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Pitfield, Poulin, Prud'homme, Rivest, Roberge, Robichaud, (L'Acadie-Acadia) , Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, *Austin, Bacon, Balfour, Beaudoin, Berntson, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cogger, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kroft, Lavoie-Roux, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Pitfield, Poulin, Prud'homme, Rivest, Roberge, Robichaud , (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan, Wilson,
PRAYERS
Ordered, That Order No. 4 under ORDERS OF THE DAY, GOVERNMENT BUSINESS, Bills be brought forward.
COMMITTEE OF THE WHOLE
The Senate was adjourned during pleasure and put into a Committee of the Whole on the Bill C-76, An Act to provide for the resumption and continuation of government services, the Honourable Senator Stollery in the Chair.-In the Committee-
Pursuant to Rule 21, the Honourable Marcel Massé, P.C., M.P., President of the Treasury Board, together with Mr. Pierre Hamel, General Counsel, and Mr. Alain Jolicoeur, Chief Human Resources Officer, Treasury Board of Canada Secretariat, were escorted to seats in the Senate Chamber.Debate. With leave, Mr. Daryl Bean, National President, and Ms. Nycole Turmel, Public Service Alliance of Canada, were escorted to seats in the Senate Chamber.
Debate. With leave, Mr. André Bélanger, President, Local C.R.R. 10172, and Ms. Viviane Mathieu, Union of Solicitor General Employees, PSAC, were escorted to seats in the Senate Chamber.
Debate.
____________________________________
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Mercier:That the Committee rise, that the Chair report progress and ask leave to sit again.
The question being put on the motion, it was adopted.
____________________________________
The sitting of the Senate resumed.The Chair of the Committee reported that it had made some progress and asked leave to sit again. The Honourable Senator Carstairs moved, seconded by the Honourable Senator Mercier:
That the Committee have leave to sit again later this day.
The question being put on the motion, it was adopted.
The sitting was suspended. The sitting resumed.
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Milne, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Twenty-third Report (Bill C-40, An Act respecting extradition, to amend the Canada Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act and to amend and repeal other Acts in consequence) without amendment.The Honourable Senator Milne moved, seconded by the Honourable Senator Butts, that the Bill 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 on division. The Honourable Senator Stratton, Chair of the Standing Senate Committee on National Finance, presented its Fourteenth Report (Interim) (Main Estimates 1999-2000).
Ordered, That the Report be printed as an Appendix to the Journals of the Senate of this day and form part of the permanent records of this House.
With leave of the Senate, The Honourable Senator Stratton moved, seconded by the Honourable Senator Gustafson, that the Report be adopted now.
After debate, The question being put on the motion, it was adopted.
Presentation of Petitions
The Honourable Senator Perrault, P.C., presented petitions:Of Residents of Canada concerning the protection of con science in medical procedures.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-74, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2000.The Honourable Senator Carstairs moved, seconded by the Honourable Senator Maloney, that the Bill be read the third time.
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. Third reading of Bill C-35, An Act to amend the Special Import Measures Act and the Canadian International Trade Tribunal Act.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Losier-Cool, that the Bill be read the third time.
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.
COMMITTEE OF THE WHOLE
Pursuant to Order, the Senate was adjourned during pleasure and again put into a Committee of the Whole on the Bill C-76, An Act to provide for the resumption and continuation of government services, the Honourable Senator Stollery in the Chair.-In the Committee-
Debate. The title of the Bill was read and postponed.____________________________________
Clause 1, the short title of the Bill, was read and postponed.____________________________________
Clauses 2 to 6 of the Bill were read.The question of concurrence being put on Clauses 2 to 6 of the Bill, it was adopted.
____________________________________
Clause 7 of the Bill was read.After debate, The question of concurrence being put on Clause 7 of the Bill, it was adopted on the following division:
Yeas-30 Nays-26
____________________________________
Clauses 8 to 19 of the Bill were read.The question of concurrence being put on Clauses 8 to 19 of the Bill, it was adopted.
____________________________________
Clause 20 of the Bill was read.After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator Lynch-Staunton:
That the Bill be amended, in clause 20, on page 8,
(a) by replacing lines 10 to 26 with the following:"20. (1) The Governor in Council shall prescribe the terms and conditions of employment for the employees based upon the majority decision outlined in the Report of the Conciliation Board to the Chairperson of the Public Service Staff Relations Board in respect of employees of the employer in the Table 4 bargaining units, namely the Correctional (supervisory and non-supervisory) Groups.";
(b) by replacing lines 27 and 28 with the following:"(2) The terms and conditions prescribed under subsection (1) constitute a new"; and
(c) by renumbering subsections (4) to (6) as subsections (3) to (5) and any cross-references thereto accordingly.After debate, The question being put on the motion, it was negatived on the following division:
Yeas-26 Nays-35
The question of concurrence being put on Clause 20 of the Bill, it was adopted.____________________________________
Clauses 21 to 27 of the Bill were read.The question of concurrence being put on Clauses 21 to 27 of the Bill, it was adopted.
____________________________________
Schedules 1 and 2 to the Bill were read.The question of concurrence being put on Schedules 1 and 2 to the Bill, it was adopted.
____________________________________
Clause 1, the short title of the Bill, was again read.The question of concurrence being put on Clause 1, the short title of the Bill, it was adopted.
____________________________________
The title of the Bill was again read.The question of concurrence being put on the title of the Bill, it was adopted.
____________________________________
The sitting of the Senate resumed. The Chair of the Committee stated that the Committee had examined the Bill and had directed him to report the same to the Senate, without amendment.With leave of the Senate, The Honourable Senator Graham, P.C., moved, seconded by the Honourable Senator Carstairs, that the Bill be read the third time now.
After debate, In amendment, the Honourable Senator Lawson moved, seconded by the Honourable Senator Cochrane, that the Bill be not now read a third time but that it be read a third time this day three months hence.
After debate, The question being put on the motion in amendment, it was negatived on the following division:
YEAS
The Honourable Senators
Atkins, Balfour, Beaudoin, Buchanan, Carney, Cochrane, Cogger, DeWare, Di Nino, Doody, Forrestall, Keon, Kinsella, Lavoie-Roux, Lawson, LeBreton, Lynch-Staunton, Murray, Oliver, Prud'homme, Rivest, Roberge, Rossiter, St. Germain, Tkachuk, Wilson-26NAYS
The Honourable Senators
Adams, Bacon, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cook, Cools, Corbin, Ferretti Barth, Fitzpatrick, Fraser, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnstone, Joyal, Kroft, Losier-Cool, Maheu, Maloney, Mercier, Milne, Moore, Pearson, Perrault, Poulin, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Sparrow, Stewart, Stollery, Taylor, Watt-38ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Graham, P.C., seconded by the Honourable Senator Carstairs, for the third reading of Bill C-76.After debate, The question being put on the motion, it was adopted, on division.
The Bill was then read the third time and passed on division.Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
________________________________________
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.The Communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
March 25, 1999Mr. Speaker:
I have the honour to inform you that the Honourable John Major, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 25th day of March, 1999, at 5:00 p.m. for the purpose of giving Royal Assent to certain Bills.Yours sincerely,
Judith A. LaRocque
Secretary to the Governor General
The HonourableThe Speaker of the Senate
Ottawa
Bills
Orders No. 3 and 6 were called and postponed until the next sitting.Resuming debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Perrault, P.C., that Bill C-55, An Act respecting advertising services supplied by foreign periodical publishers, be referred to the Standing Senate Committee on Transport and Communications.
After debate, The question being put on the motion, it was adopted.Reports of Committees
Order No. 1 was called and postponed until the next sitting.OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.Consideration of the Thirty-second Report of the Standing Committee on Internal Economy, Budgets and Administration (Security Accreditation Policy), presented in the Senate on March 23, 1999.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the Report be adopted.After debate, The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Maheu, seconded by the Honourable Senator Ferretti Barth, for the adoption of the Ninth Report of the Standing Committee on Privileges, Standing Rules and Orders (independent Senators) presented in the Senate on March 10, 1999.After debate, Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Robertson.
Orders No. 5 to 9 were called and postponed until the next sitting.Other
Resuming debate on the motion of the Honourable Senator Roche, seconded by the Honourable Senator Lavoie-Roux:That the Senate recommend that the Government of Canada urge NATO to begin a review of its nuclear weapons policies at the Summit Meeting of NATO April 23-25, 1999.
After debate, The Honourable Senator Di Nino moved, seconded by the Honourable Senator DeWare, that further debate on the motion be adjourned until the next sitting.The question being put on the motion, it was adopted.
Orders No. 58, 59, 67, 61, 50 (inquiries), 114 (motion), 34, 39, 47, 65, 64, and 49 (inquiries) were called and postponed until the next sitting.Resuming debate on the inquiry of the Honourable Senator Cools calling the attention of the Senate:
(a) to the judgment of the Supreme Court of Canada in the sexual assault case Her Majesty the Queen v. Steve Brian Ewanchuk, delivered February 25, 1999, which judgment reversed the Alberta Court of Appeal's judgment upholding the trial court's acquittal;
(b) to the intervenors in this case, being the Attorney General of Canada, Women's Legal Education and Action Fund, Disabled Women's Network Canada and Sexual Assault Centre of Edmonton;
(c) to the Supreme Court of Canada's substitution of a conviction for the acquittals of two Alberta courts;
(d) to the lengthy concurring reasons for judgment by Supreme Court of Canada Madame Justice Claire L'Heureux-Dube, which reasons condemn the decision-making of Mr. Justice John Wesley McClung of the Alberta Court of Appeal and the decision of the majority of the Alberta Court of Appeal;
(e) to Mr. Justice John Wesley McClung's letter published in the National Post on February 26, 1999, reacting to Madame Justice L'Heureux-Dube's statements about him contained in her concurring reasons for judgement;
(f) to the nation-wide, extensive commentary and public discussion on the matter; and
(g) to the issues of judicial activism and judicial independence in Canada today.Debate.
Pursuant to Rule 135(8), the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of the Honourable the Deputy of His Excellency the Governor General.After awhile, the Honourable John Charles Major, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of His Excellency the Governor General, having come and being seated at the foot of the Throne-
The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-"It is the desire of the Honourable the Deputy of His Excellency the Governor General that they attend him immediately in the Senate Chamber."
The House of Commons being come,One of the Clerks at the table then read the titles of the Bills to be assented to as follows:
An Act to amend the Railway Safety Act and to make a consequential amendment to another Act (Bill C-58, Chapter 9, 1999)An Act to amend the War Veterans Allowance Act, the Pension Act, the Merchant Navy Veteran and Civilian War-related Benefits Act, the Department of Veterans Affairs Act, the Veterans Review and Appeal Board Act and the Halifax Relief Commission Pension Continuation Act and to amend certain other Acts in consequence thereof (Bill C-61, Chapter 10, 1999)
An Act to amend the Federal-Provincial Fiscal Arrangements Act (Bill C-65, Chapter 11, 1999)An Act to amend the Special Import Measures Act and the Canadian International Trade Tribunal Act (Bill C-35, Chapter 12, 1999)
An Act to provide for the resumption and continuation of government services (Bill C-76, Chapter 13, 1999)An Act to amend the Access to Information Act (Bill C-208, Chapter 16, 1999)
An Act to amend the Act of incorporation of the Roman Catholic Episcopal Corporation of Mackenzie (Bill S-20).To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-
"In Her Majesty's name, the Honourable the Deputy of His Excellency the Governor General doth assent to these Bills."5:15 p.m.
The Speaker of the House of Commons addressed the Honourable the Deputy of His Excellency the Governor General as follows:"May it Please Your Honour:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.In the name of the Commons, I present to Your Honour the following Bills:
An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1999 (Bill C-73, Chapter 14, 1999)An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2000 (Bill C-74, Chapter 15, 1999),
To which Bills I humbly request Your Honour's Assent."After one of the Clerks at the Table read the titles of the Bills-
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:"In Her Majesty's name, the Honourable the Deputy of His Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to these Bills."
5:17 p.m.The Commons withdrew.
After which the Honourable the Deputy of His Excellency the Governor General was pleased to retire.Other
The Senate resumed debate on the inquiry of the Honourable Senator Cools calling the attention of the Senate:(a) to the judgment of the Supreme Court of Canada in the sexual assault case Her Majesty the Queen v. Steve Brian Ewanchuk, delivered February 25, 1999, which judgment reversed the Alberta Court of Appeal's judgment upholding the trial court's acquittal;
(b) to the intervenors in this case, being the Attorney General of Canada, Women's Legal Education and Action Fund, Disabled Women's Network Canada and Sexual Assault Centre of Edmonton;
(c) to the Supreme Court of Canada's substitution of a conviction for the acquittals of two Alberta courts;
(d) to the lengthy concurring reasons for judgment by Supreme Court of Canada Madame Justice Claire L'Heureux-Dube, which reasons condemn the decision-making of Mr. Justice John Wesley McClung of the Alberta Court of Appeal and the decision of the majority of the Alberta Court of Appeal;
(e) to Mr. Justice John Wesley McClung's letter published in the National Post on February 26, 1999, reacting to Madame Justice L'Heureux-Dube's statements about him contained in her concurring reasons for judgement;
(f) to the nation-wide, extensive commentary and public discussion on the matter; and
(g) to the issues of judicial activism and judicial independence in Canada today.After debate, The Honourable Senator Kinsella for the Honourable Senator Nolin moved, seconded by the Honourable Senator Cochrane, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
_____________________________________
With leave, The Senate reverted to Notices of Motions.With leave of the Senate, The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu:
That the Standing Senate Committee on Transport and Communications be authorized for its study of Bill C-55, An Act respecting advertising services supplied by foreign periodical publishers, to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.The question being put on the motion, it was adopted.
ORDERS OF THE DAY
OTHER BUSINESS
Other
Orders No. 44 (inquiry), 1 (motion), 46 (inquiry), 118 and 45 (motions) were called and postponed until the next sitting.INQUIRIES
The Honourable Senator Cools called the attention of the Senate:(a) to the letter to the editor in the National Post, March 13, 1999, entitled "Fair Hearing", written by British Columbia Chief Justice Allan McEachern, the Chairperson of the Canadian Judicial Council's Judicial Conduct Committee, responding to the March 10, 1999 National Post's editorial "Hardly Impartial" about Mr. Justice John Wesley McClung, Madame Justice Claire L'Heureux-Dubé, and the Canadian Judicial Council;
(b) to the continuing public controversy about Alberta Court of Appeal Justice John Wesley McClung, and Supreme Court of Canada Justice Claire L'Heureux-Dubé, and the media reports of same;
(c) to the interview and the comments of Chief Justice Allan McEachern as reported in the Lawyers Weekly February 26, 1999 article "Judges Must be Cyber-Warriors";
(d) to the matter of justices' public statements in the media; and
(e) to the concept and principles of judicial independence and to Parliament's rights in these matters.After debate, The Honourable Senator Carstairs for the Honourable Senator Sparrow moved, seconded by the Honourable Senator Callbeck, 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 Cochrane called the attention of the Senate to the Fiftieth Anniversary of Newfoundland and Labrador's Confederation with Canada.Debate concluded.
MOTIONS
The Honourable Senator Kinsella for the Honourable Senator Forrestall moved, seconded by the Honourable Senator DeWare:That, notwithstanding the Order of the Senate adopted on Thursday, June 18, 1998, the date for the final report of the Special Senate Committee on Transportation Safety and Security, be extended to November 30, 1999.
After debate, In amendment, the Honourable Senator Carstairs moved, seconded by the Honourable Senator Callbeck, that the motion be amended by replacing the words "November 30" by the words "April 15".The question being put on the motion in amendment, it was adopted.
The question then being put on the motion as amended, it was adopted.____________________________________
With leave, The Senate reverted to Government Notices of Motions.With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Bacon:
That when the Senate adjourns today, it do stand adjourned until Tuesday, April 13, 1999, at 2:00 p.m.The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
1999-2000 Estimates, Reports on Plans and Priorities for the following:Agriculture and Agri-Food Canada Canadian Food Inspection Agency Canadian Heritage Canadian Radio-television and Telecommunications Commission National Archives of Canada National Battlefields Commission National Film Board National Library of Canada Parks Canada Agency Public Service Commission of Canada Status of Women Canada Citizenship and Immigration Canada Immigration and Refugee Board Environment Canada Canadian Environmental Assessment Agency Department of Finance Canada Office of the Auditor General of Canada Canadian International Trade Tribunal Office of the Superintendent of Financial Institutions Canada Fisheries and Oceans Department of Foreign Affairs and International Trade Canadian International Development Agency NAFTA Secretariat, Canadian Section Northern Pipeline Agency Canada Health Canada Hazardous Materials Information Review Commission Medical Research Council of Canada Patented Medicine Prices Review Board Human Resources Development Canada Canada Industrial Relations Board
Canadian Artists and Producers Professional Relations Tribunal Canadian Centre for Occupational Health and Safety Indian and Northern Affairs Canada and Canadian Polar Commission Treasury Board of Canada, Secretariat Industry Canada Atlantic Canada Opportunities Agency Canadian Space Agency Competition Tribunal Copyright Board Canada Economic Development of Quebec Regions National Research Council Canada Natural Sciences and Engineering Research Council of Canada Social Sciences and Humanities Research Council of Canada Statistics Canada Western Economic Diversification Canada Department of Justice Canadian Human Rights Commission Office of the Commissioner for Federal Judicial Affairs Registry of the Federal Court of Canada Canadian Human Rights Tribunal Offices of the Information and Privacy Commissioners Law Commission of Canada Supreme Court of Canada Tax Court of Canada National Defence Revenue Canada Natural Resources Canada Atomic Energy Control Board National Energy Board Privy Council Office Canadian Centre for Management Development Canadian Intergovernmental Conference Secretariat Transportation Safety Board of Canada Office of the Chief Electoral Officer Office of the Commissioner of Official Languages Millennium Bureau of Canada National Round Table on the Environment and the Economy Public Service Staff Relations Board Security Intelligence Review Committee The Leadership Network Public Works and Government Services Canada Canada Information Office Solicitor General Canada Correctional Service Canada National Parole Board Office of the Correctional Investigator Royal Canadian Mounted Police RCMP - External Review Committee RCMP - Public Complaints Commission Transport Canada Canadian Transportation Agency Civil Aviation Tribunal Veterans Affairs Canada. -Sessional Paper No. 1/36-1091.ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Bacon:That the Senate do now adjourn.
The question being put on the motion, it was adopted.