Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 132
Tuesday, April 27, 1999
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, 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, Kolber, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Mahovlich, Maloney, Meighen, Mercier, Molgat, Moore, Murray, Nolin, Pearson, Pépin, Perrault, Poulin (Charette), Prud'homme, Rivest, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Watt, Whelan, Wilson, ,
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, *Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, *Kirby, Kolber, *Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Mahovlich, Maloney, Meighen, Mercier, *Milne, Molgat, Moore, Murray, Nolin, Pearson, Pépin, Perrault, Poulin (Charette), Prud'homme, Rivest, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, 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 Meighen, Acting Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Twenty-third Report (supplementary budget-study on financial system in Canada).(The Report is printed as an Appendix)
With leave of the Senate, The Honourable Senator Meighen moved, seconded by the Honourable Senator Cohen, that the Report be adopted now.
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 Whelan, P.C.:That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, April 28, 1999, at 1:30 p.m.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Losier-Cool tabled the following:Report of the Canadian Section of the Assemblée parlementaire de la Francophonie, respecting its participation at the APF Education, Communications and Cultural Affairs Committee meeting, held in Niamey, Niger, on February 15 and 16, 1999.-Sessional Paper No. 1/36-1128.
Notices of Motions
With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Stewart:That the Standing Senate Committee on Foreign Affairs have power to sit at 2:45 p.m. today even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
The Honourable Senator Graham, P.C., tabled the following:
Notes for an Address by Prime Minister Jean Chrétien during a House of Commons debate on Kosovo, dated April 27, 1999. -Sessional Paper No. 1/36-1129S.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Carstairs tabled the following:Reply to Question No 142, dated February 2, 1999, appearing on the Order Paper in the name of the Honourable Senator Gauthier, respecting the Sommet de la Francophonie in Moncton.-Sessional Paper No. 1/36-1130S.
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A Point of Order was raised concerning participation by non-members in committee meetings (Rule 91).After debate, The Speaker reserved his decision.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
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 Pearson moved, seconded by the Honourable Senator Maloney, that further debate on the motions in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted. Second reading of 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.
The Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent) moved, seconded by the Honourable Senator Hervieux-Payette, P.C., 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 Robichaud, P.C. (Saint-Louis-de-Kent) moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the Bill be referred to the Standing Senate Committee on Fisheries.
The question being put on the motion, it was adopted.
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The sitting was suspended.The sitting resumed.
DEFERRED DIVISIONS
At 5:45 p.m., with leave, the Senate proceeded to the taking of the deferred recorded division on the motion in amendment of the Honourable Senator Stratton to 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.The question was put on the motion in amendment of the Honourable Senator Stratton, 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 motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk , Balfour, Beaudoin, Bolduc, Cochrane, Cohen, Comeau, DeWare, Di Nino, Doody, Forrestall, Ghitter, Gustafson, Johnson, Kelleher, Kelly, Keon, Kinsella, Lavoie-Roux, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Rivest, Roberge, Robertson, Rossiter, St. Germain, Simard, Stratton-31NAYS
The Honourable Senators
Adams, Bryden, Callbeck, Carstairs, Chalifoux, Cook, Cools, Corbin, De Bané, Ferretti Barth, Fitzpatrick, Fraser, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Johnstone, Joyal, Kenny, Kolber, Lawson, Lewis, Losier-Cool, Mahovlich, Maloney, Mercier, Moore, Pearson, Pépin, Perrault, Poulin, Prud'homme, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Ruck, Sparrow, Stewart, Stollery, Taylor, Watt, Whelan, Wilson-45ABSTENTIONS
The Honourable Senators
Nil
The question then being put 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, 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.Reports of Committees
Resuming debate on the motion of the Honourable Senator Stewart, seconded by the Honourable Senator Adams, for the adoption of the Tenth Report of the Standing Senate Committee on Foreign Affairs (Bill S-22, An Act authorizing the United States to preclear travellers and goods in Canada for entry into the United States for the purposes of customs, immigration, public health, food inspection and plant and animal health, with amendments), presented in the Senate on March 24, 1999.After debate, In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator DeWare, that the Report be not now adopted but that it be amended after amendment No. 4 by adding the following:
5. Page 12, new Clause 39:(a) by adding after line 11 the following:
"FIVE-YEAR REVIEW
39. Five years after this Act comes into force, the Minister shall cause an independent review of the Act and its administration and operation to be conducted, and shall cause a report on the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the review is completed."; and(b) by renumbering clause 39 as clause 40 and any cross-references thereto accordingly.After debate, The question being put on the motion in amendment, it was adopted.
The question then being put on the motion of the Honourable Senator Stewart, seconded by the Honourable Senator Adams, for the adoption of the Tenth Report, as amended, of the Standing Senate Committee on Foreign Affairs (Bill S-22), it was adopted.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), that the Bill, as amended, 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.
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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 Marine Atlantic Inc., together with the Auditor General's report, for the year 1998, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional Paper No. 1/36-1123.Report of the Atlantic Pilotage Authority, together with the Auditor General's report, for the year 1998, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional Paper No. 1/36-1124.
Report of the Laurentian Pilotage Authority, together with the Auditor General's report, for the year 1998, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional Paper No. 1/36-1125.Report of the Great Lakes Pilotage Authority, together with the Auditor General's report, for the year 1998, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional Paper No. 1/36-1126.
Report of the Pacific Pilotage Authority, together with the Auditor General's report, for the year 1998, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional Paper No. 1/36-1127.ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool:That the Senate do now adjourn.
The question being put on the motion, it was adopted._______________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal PeoplesThe name of the Honourable Senator Robertson removed from the membership (March 22).
The name of the Honourable Senator Cochrane substituted for that of the Honourable Senator Ghitter (April 23).Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Balfour substituted for that of the Honourable Senator Phillips (April 23).Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Fitzpatrick substituted for that of the Honourable Senator Moore (April 26).Standing Joint Committee on the Library of Parliament
The name of the Honourable Senator Corbin removed from the membership (April 27).