Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 130
Wednesday, April 21, 1999
1:30 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, 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, Stratton, Taylor, Tkachuk, Watt, Whelan, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, *Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, 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, Stratton, Taylor, Tkachuk, Watt, Whelan, Wilson,
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-27, An Act to amend the Coastal Fisheries Protection Act and the Canada Shipping Act to enable Canada to implement the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and other international fisheries treaties or arrangements, 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 Corbin, that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, April 27, 1999.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Bacon, for the third reading of Bill C-43, An Act to establish the Canada Customs and Revenue Agency and to amend and repeal other Acts as a consequence,And on the motion in amendment of the Honourable Senator Bolduc, seconded by the Honourable Senator Beaudoin, that the Bill be not now read a third time but that it be amended:
(a) in clause 53, on page 17, by replacing line 7 with the following:"(2) Appointments under subsection (1) to or from within the Agency shall be based on selection according to merit as determined by competition or by such other process of personnel selection designed to establish the merit of candidates as the Agency considers is in the best interests of the Agency.
(3) The Commissioner must exercise the"; and
(b) by renumbering all cross-references accordingly.The question being put on the motion in amendment, it was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk , Atkins, Beaudoin, Bolduc, Buchanan, Carney, Cochrane, Cohen, Comeau, DeWare, Di Nino, Doody, Forrestall, Ghitter, Gustafson, Johnson, Kelleher, Kelly, Keon, Kinsella, Lavoie-Roux , LeBreton, Lynch-Staunton, Murray, Nolin, Oliver, Roberge, Roche, Rossiter, Spivak, Stratton, Tkachuk-32NAYS
The Honourable Senators
Adams, Austin, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cools, Corbin, De Bané, Ferretti Barth, Fitzpatrick, Fraser, Gill, Graham, Hays, Hervieux-Payette, Johnstone, Joyal, Kenny, Kroft, Lewis, Losier-Cool, Maheu, Mahovlich, Maloney, Mercier, Milne, Moore, Pearson, Pépin, Poulin, Poy, Prud'homme, Robichaud, (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Ruck, Sparrow, Stewart, Stollery, Taylor, Watt, Whelan, Wilson-45ABSTENTIONS
The Honourable Senators
Nil
The Honourable Senator Stratton moved, seconded by the Honourable Senator Gustafson, that further debate on the motion for the third reading of Bill C-43 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 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 Joyal, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motions in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Ordered, That all remaining Orders be postponed until the next sitting.REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Auditor General of Canada to the House of Commons (Volume I-April 1999), pursuant to the Act to amend the Auditor General Act (reports), S.C. 1994, c. 32, s. 2. -Sessional Paper No. 1/36-1122.ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):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 Aboriginal PeoplesThe name of the Honourable Senator Ghitter substituted for that of the Honourable Senator Cochrane (April 20).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Bacon (April 20).
Standing Committee on Privileges, Standing Rules and Orders
The names of the Honourable Senators Kroft, Butts, Lewis, Adams, Kroft, Maloney and Andreychuk substituted for those of the Honourable Senators Sparrow, Bacon, Cook, Stollery, Grafstein, Kenny and Kinsella (April 21).