Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 129
Tuesday, April 20, 1999
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kirby, Kolber, Kroft, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Pitfield, Poulin, Poy, Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Sparrow, Spivak, Stewart, Stollery, Taylor, Tkachuk, Watt, Whelan, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kirby, Kolber, Kroft, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Pitfield, Poulin, Poy, Prud'homme, Rivest, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Sparrow, Spivak, Stewart, Stollery, Taylor, Tkachuk, Watt, 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 Kirby presented the following:TUESDAY, April 20, 1999
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
TWENTY-SECOND REPORT
Your Committee, to which was referred the Bill S-25, An Act respecting the Certified General Accountants Association of Canada, has examined the said Bill in obedience to its Order of Reference dated Tuesday, March 23, 1999, and now reports the same with the following amendments:Pages 2 to 3, clause 4:
(a) on page 2, replace lines 15 and 16 with the following:
"to promote the practice, profession and common"; and
(b) on page 3,
(i) replace lines 10 to 12 with the following:"(g) to encourage and assist certified general accountants to",
(ii) replace lines 21 to 24 with the following:"general accountants or society generally and to do all such things as are calculated to give the public a greater and more general appreciation of the profession of accountancy;".
Respectfully submitted,
MICHAEL KIRBY
Chairman
The Honourable Senator Kirby moved, seconded by the Honourable Senator Lewis, 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 Losier-Cool:That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, April 21, 1999, at 1:30 p.m.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Andreychuk presented a Bill S-28, An Act to amend the Canada Elections Act (hours of polling in Saskatchewan).The Bill was reading the first time.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, April 22, 1999.
The question being put on the motion, it was adopted.
Presentation of Petitions
The Honourable Senator Milne presented petitions:Of Residents of the Province of Alberta concerning the Statistics Act (census records).
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Bryden, seconded by the Honourable Senator Pearson, for the third reading of 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,And on the motions in amendment of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., that the Bill be not now read a third time but that it be amended:
1. in clause 44:
(a) by replacing lines 28 and 29 on page 17 with the following:
"circumstances;
(b) the conduct in respect of which the request for extradition is made is punishable by death under the laws that apply to the extradition partner; or
(c) the request for extradition is made for"; and(b) by replacing lines 1 to 6 on page 18 with the following:
"(2) Notwithstanding paragraph (1)(b), the Minister may make a surrender order where the extradition partner requesting extradition provides assurances to the Minister that the death penalty will not be imposed, or, if imposed, will not be executed, and where the Minister is satisfied with those assurances.".
2. in Clause 2 and new Part 3:
(a) by substituting the term "general extradition agreement" for "extradition agreement" wherever it appears;
(b) by substituting the term "specific extradition agreement" for "specific agreement" wherever it appears;
(c) in clause 2, on page 2
(i) by adding after line 5 the following:
""extradition" means the delivering up of a person to a state under either a general extradition agreement or a specific extradition agreement.";
(ii) by deleting lines 6 to 10;
(iii) by replacing line 11 with the following:
" "extradition partner" means a State";
(iv) by adding after line 15 the following:
" "general extradition agreement" means an agreement that is in force, to which Canada is a party and that contains a provision respecting the extradition of persons, other than a specific extradition agreement.
"general surrender agreement" means an agreement in force to which Canada is a party and that contains a provision respecting surrender to an international tribunal, other than a specific extradition agreement.";
(v) by replacing lines 20 and 21 with the following:
" "specific extradition agreement" means an agreement referred to in section 10 that is in force.
"specific surrender agreement" means an agreement referred to in section 10, as modified by section 77, that is in force.";
(vi) by replacing lines 29 to 31 with the following:
"jurisdiction of a State other than Canada; or
(d) a territory.
"surrender partner" means an international tribunal whose name appears in the schedule.
"surrender to an international tribunal" means the delivering up of a person to an international tribunal whose name appears in the schedule."(d) on page 32, by adding after line 6 the following:
"PART 3 SURRENDER TO AN INTERNATIONAL TRIBUNAL
77. Sections 4 to 43, 49 to 58 and 60 to 76 apply to this Part, with the exception of paragraph 12(a), subsection 15(2), paragraph 15(3)(c), subsections 29(5), 40(3), 40(4) and paragraph 54(b),
(a) as if the word "extradition" read "surrender to an international tribunal";
(b) as if the term "general extradition agreement" read "general surrender agreement";
(c) as if the term "extradition partner" read "surrender partner";
(d) as if the term "specific extradition agreement" read "specific surrender agreement";
(e) as if the term "State or entity" read "international tribunal";
(f) with the modifications provided for in sections 78 to 82; and
(g) with such other modifications as the circumstances require.
78. For the purposes of this Part, section 9 is deemed to read:"9. (1) The names of international tribunals that appear in the schedule are designated as surrender partners.
(2) The Minister of Foreign Affairs, with the agreement of the Minister, may, by order, add to or delete from the schedule the names of international tribunals."
79. For the purposes of this Part, subsection 15(1) is deemed to read:"15. (1) The Minister may, after receiving a request for a surrender to an international tribunal, issue an authority to proceed that authorizes the Attorney General to seek, on behalf of the surrender partner, an order of a court for the committal of the person under section 29."
80. For the purposes of this Part, subsections 29(1) and (2) are deemed to read:"29. (1) A judge shall order the committal of the person into custody to await surrender if
(a) in the case of a person sought for prosecution, the judge is satisfied that the person is the person sought by the surrender partner; and
(b) in the case of a person sought for the imposition or enforcement of a sentence, the judge is satisfied that the person is the person who was convicted.
(2) The order of committal must contain (a) the name of the person; (b) the place at which the person is to be held in custody; and (c) the name of the surrender partner."
81. For the purposes of this Part, the portion of paragraph 53(a) preceding subparagraph (i) is deemed to read:
"(a) allow the appeal, if it is of the opinion"
82. For the purposes of this Part, paragraph 58(b) is deemed to read:
"(b) describe the offence in respect of which the surrender is requested;" and
(e) by renumbering Part 3 as Part V and sections 77 to 130 as sections 83 to 136; and
(f) by renumbering all cross-references accordingly."After debate, The Honourable Senator Beaudoin moved, seconded by the Honourable Senator Comeau, that further debate on the motions in amendment be adjourned until the next sitting.
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.Private Bills
Order No. 1 was called and postponed until the next sitting.Reports of Committees
Orders No. 1 to 8 were called and postponed until the next sitting.Other
Resuming debate on the inquiry of the Honourable Senator Lynch-Staunton calling the attention of the Senate to the Budget presented by the Minister of Finance in the House of Commons on February 16, 1999.After debate, The Honourable Senator DeWare for the Honourable Senator Stratton moved, seconded by the Honourable Senator Gustafson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Ordered That Order No. 8 under Reports of Committees be again called. Resuming debate on the consideration of the Third Report of the Standing Senate Committee on Fisheries, entitled: "Privatization and Quota Licensing in Canada's Fisheries", tabled in the Senate on December 8, 1998.After debate, The Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent) moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on consideration of the Report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 47, 65 and 46 (inquiries) were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Atkins:That there be laid before this House all documents and records concerning the possible privatization of DEVCO, including:
(a) studies, analyses, reports and other policy initiatives prepared by or for the government;
(b) documents and records that disclose all consultants who have worked on the subject and the terms of reference of the contract for each, its value and whether or not it was tendered;
(c) briefing materials for Ministers, their officials, advisors, consultants and others;
(d) minutes of departmental, inter-departmental and other meetings; and
(e) exchanges between the Department of Natural Resources, the Department of Finance, the Treasury Board, the Privy Council Office and the Office of the Leader of the Government in the Senate.After debate, The Honourable Senator DeWare for the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Ordered That Order No. 1 under Private Bills be again called. Second reading of Bill S-18, An Act respecting the Alliance of Manufacturers & Exporters Canada.The Honourable Senator Kelleher, P.C., moved, seconded by the Honourable Senator DeWare, that the Bill be read the second time.
After debate, The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Kelleher, P.C., moved, seconded by the Honourable Senator DeWare, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Other
Resuming debate on the motion as modified of the Honourable Senator Meighen, seconded by the Honourable Senator Kirby:That the Senate urges the Government to propose an amendment to the Income Tax Act that would increase to 30%, by increments of 2% per year over a five-year period, the foreign property component of deferred income plans (pension plans, registered retirement savings plans and registered pension plans), as was done in the period between 1990 to 1995 when the foreign property limit of deferred income plans was increased from 10% to 20%, because:
(a) Canadians should be permitted to take advantage of potentially better investment returns in other markets, thereby increasing the value of their financial assets held for retirement, reducing the amount of income supplement that Canadians may need from government sources, and increasing government tax revenues from retirement income;
(b) Canadians should have more flexibility when investing their retirement savings, while reducing the risk of those investments through diversification;
(c) greater access to the world equity market would allow Canadians to participate in both higher growth economies and industry sectors;
(d) the current 20% limit has become artificial since both individuals with significant resources and pension plans with significant resources can by-pass the current limit through the use of, for example, strategic investment decisions and derivative products; and
(e) problems of liquidity for pension fund managers, who now find they must take substantial positions in a single company to meet the 80% Canadian holdings requirement, would be reduced.After debate, The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Atkins, that further debate on the motion as modified be adjourned until the next sitting.
The question being put on the motion, it was adopted. 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.After debate, The Honourable Senator DeWare for the Honourable Senator Nolin moved, seconded by the Honourable Senator LeBreton, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted. Orders No. 69, 58, 59, 67, 50 (inquiries), 114 (motion), 34, 39, 64, 49, 44 (inquiries) and 1 (motion) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Keon called the attention of the Senate to the present state of the Canadian health care system.After debate, The Honourable Senator DeWare moved, seconded by the Honourable Senator Atkins, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Spivak moved, seconded by the Honourable Senator Cochrane:That the Senate urge the Government of Canada to maintain Canada's current regulation of caffeine as food additive in soft drink beverages until such time as there is evidence that any proposed change will not result in a detriment to the health of Canadians and, in particular, to children and young people.
After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Cook, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted. The Honourable Senator Di Nino moved, seconded by the Honourable Senator Beaudoin:
That the Senate urge the Government of Canada to use its good offices to urge the Government of China to respect the right to self-determination and human rights of the people of Tibet and in particular to respect the Universal Declaration of Human Rights as well as resolutions of the UN General Assembly in 1960, 1961 and 1965 which affirmed these rights for the Tibetan people.
After debate, With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:
That the Senate urge the Government of Canada to use its good offices to urge the Government of China to respect the right to self-determination and human rights of the people of Tibet and in particular to respect the Universal Declaration of Human Rights as well as resolutions of the UN General Assembly in 1960, 1961 and 1965 which affirmed these rights for the Tibetan people; and further
That the Government of Canada urge the Government of China to meet with His Holiness the Dalai Lama, without preconditions and under the auspices of the United Nations, to attempt to resolve the Tibetan problem.
After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Adams, that further debate on the motion as modified 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 Department of Foreign Affairs and International Trade on the Annual Summary of Steel Import Permit Information for the year 1998, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. 13 (3rd Supp.), s. 1.-Sessional Paper No. 1/36-1116.Report on Operations under the Bretton Woods and Related Agreements Act for the year 1998, pursuant to the Act to amend the Bretton Woods Agreements Act and to amend certain other Acts in consequence thereof, S.C. 1993, c. 34, s. 11.-Sessional Paper No. 1/36-1117.
Report on Operations under the European Bank for Reconstruction and Development Agreement Act for the year 1998, pursuant to the European Bank for Reconstruction and Development Agreement Act, S.C. 1993, c. 34, s. 66.-Sessional Paper No. 1/36-1118.
Report of the Canada Development Investment Corporation (including Canada Hibernia Holding Corporation and Theratronics International Limited), together with the Auditor General's report, for the year ended December 31, 1998, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).-Sessional Paper No. 1/36-1119.
Report on the Implementation Committee of the Nunavut Land Claims Agreement for the fiscal year ended March 31, 1998, pursuant to the article 37.3.3(h)(ii) of the Nunavut Land Claims Agreement, as ratified by the Nunavut Land Claims Agreement Act, S.C. 1993, c. 29.-Sessional Paper No. 1/36-1120.
Document entitled "Nuclear Disarmament and Non-proliferation: Advancing Canadian Objectives".-Sessional Paper No. 1/36-1121.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Mahovlich: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 Agriculture and ForestryThe name of the Honourable Senator Stratton substituted for that of the Honourable Senator Tkachuk (April 16).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Rompkey substituted for that of the Honourable Senator Perrault (April 19).