Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 131
Thursday, April 22, 1999
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Beaudoin, Berntson, Bolduc, Bryden, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, Doody, Fairbairn, Forrestall, Fraser, Gauthier, Gill, Graham, Gustafson, Hays, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kroft, LeBreton, Lewis, Lynch-Staunton, Maheu, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Poulin, Poy, Prud'homme, Rivest, Roberge, 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, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cools, Corbin, De Bané, DeWare, Doody, Fairbairn, Forrestall, Fraser, Gauthier, Gill, *Grafstein, Graham, Gustafson, Hays, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, *Kirby, Kroft, LeBreton, Lewis, Lynch-Staunton, Maheu, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Poulin, Poy, Prud'homme, Rivest, Roberge, 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.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.After debate, In amendment, the Honourable Senator Stratton moved, seconded by the Honourable Senator Cohen, that the Bill be not now read a third time but that it be amended, in clause 54, on page 17,
(a) by replacing line 10 with the following:"54. The Agency must develop a program"; and
(b) by deleting lines 13 and 14.The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Gustafson, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was negatived on division.
The question was put on the motion in amendment of the Honourable Senator Stratton, seconded by the Honourable Senator Cohen, to the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Bacon, for the third reading of Bill C-43.
Pursuant to Rule 67(2), a recorded division was deferred until the next sitting at 5:30 p.m. 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 Cools moved, seconded by the Honourable Senator Chalifoux, 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 5 were called and postponed until the next sitting.Reports of Committees
Order No. 1 was called and postponed until the next sitting.Consideration of the Twenty-second Report of the Standing Senate Committee on Banking, Trade and Commerce (Bill S-25, An Act respecting the Certified General Accountants Association of Canada, with amendments) presented in the Senate on April 20, 1999.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Keon, that the Report be adopted.
The question being put on the motion, it was adopted.
With leave of the Senate, The Honourable Senator Oliver moved, seconded by the Honourable Senator Keon, that the Bill as amended be read the third time now.
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 to which they desire their concurrence. Orders No. 3 and 4 were called and postponed until the next sitting. Resuming debate on the consideration of the Eighth Report (Interim) of the Standing Senate Committee on Agriculture and Forestry entitled: "rBST and the Drug Approval Process", tabled in the Senate on March 11, 1999.
After debate, Further debate on the consideration of the Report was adjourned until the next sitting in the name of the Honourable Senator Milne. Orders No. 6 and 7 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 Cochrane, for the adoption of the Fifteenth Report of Standing Senate Committee on Social Affairs, Science and Technology (Bill S-10, An Act to amend the Excise Tax Act, with an amendment) presented in the Senate on December 9, 1998.
After debate, The Honourable Senator DeWare moved, seconded by the Honourable Senator Cohen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted. Order No. 9 was called and postponed until the next sitting.
Other
Orders No. 61 (inquiry), 118, 45 (motions) 63, 73 (inquiries), 125, 127 (motions), 47, 65, 46, 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.MOTIONS
The Honourable Senator Hays moved, seconded by the Honourable Senator Cohen:That May 20, 1999 be recognized as a day of compassion for Canadian citizens suffering a loss of autonomy.
After debate, The question being put on the motion, it was adopted.
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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 Graham, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday next, April 27, 1999, at 2:00 p.m.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Kenny: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 Robichaud (Saint-Louis-de-Kent) substituted for that of the Honourable Senator Pépin (April 21).
Standing Committee on Privileges, Standing Rules and Orders
The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Andreychuk (April 22).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Moore and Robichaud (Saint-Louis-de-Kent) substituted for those of the Honourable Senators Fitzpatrick and Maheu (April 22).