Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 134
Thursday, April 29, 1999
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Balfour, Beaudoin, Berntson, Bolduc, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cogger, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Johnson, Johnstone, Joyal, Keon, Kinsella, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Mahovlich, Maloney, Mercier, Molgat, Moore, Murray, Nolin, Pearson, Pépin, Perrault, Poulin (Charette), Prud'homme, Rivest, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stratton, Taylor, Watt, Whelan, Wilson, ,
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, *Angus, Atkins, Balfour, Beaudoin, Berntson, Bolduc, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cogger, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, *Grimard, Gustafson, *Hervieux-Payette, Johnson, Johnstone, Joyal, *Kelleher, *Kenny, Keon, Kinsella, *Kirby, *Kroft, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Mahovlich, Maloney, *Meighen, Mercier, *Milne, Molgat, Moore, Murray, Nolin, *Oliver, Pearson, Pépin, Perrault, Poulin (Charette), Prud'homme, Rivest, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stratton, Taylor, Watt, Whelan, Wilson, ,
PRAYERS
Ordered, That the Address of His Excellency Václav Havel, President of the Czech Republic, delivered to Members of both Houses of Parliament earlier this day, together with the introductory speech by the Right Honourable Prime Minister of Canada and the speeches delivered by the Speaker of the Senate and the Speaker of the House of Commons, be printed as an Appendix to the Debates of the Senate of this day.
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Introduction and First Reading of Senate Public Bills
The Honourable Senator Lavoie-Roux presented a Bill S-29, An Act to amend the Criminal Code (Protection of Patients and Health Care Providers).The Bill was read the first time.
The Honourable Senator Lavoie-Roux moved, seconded by the Honourable Senator Butts, that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, May 4, 1999.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Grafstein tabled the following:Report of the Canadian Delegation of the Canada-Europe Parliamentary Association on its participation at the Meeting of the Bureau of the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA) and the Council of Europe Parliamentary Assembly, held in Paris, France, on March 5, 1999.-Sessional Paper No. 1/36-1138.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return Bill S-25, An Act respecting the Certified General Accountants Association of Canada,And to acquaint the Senate that the Commons have passed this Bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Beaudoin, seconded by the Honourable Senator Bolduc, for the second reading of Bill S-24, An Act to provide for judicial preauthorization of requests to be made to a foreign or international authority or organization for a search or seizure outside Canada.After debate, The Honourable Senator Carstairs for the Honourable Senator Grafstein moved, seconded by the Honourable Senator Mercier, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted. Order No. 5 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 6 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Stratton, seconded by the Honourable Senator Cohen, for the adoption of the Ninth Report of the Standing Senate Committee on National Finance, entitled "Retention and Compensation Issues in the Public Service", tabled in the Senate on February 18, 1999.After debate, The question being put on the motion, it was adopted. Resuming debate on the consideration of the Seventeenth Report (Interim) of the Standing Senate Committee on Banking, Trade and Commerce entitled: "A Blueprint for Change" (Volumes I, II and III), tabled in the Senate on December 2, 1998.
After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator DeWare, that further debate on consideration of the Report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 9 and 10 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 Lynch-Staunton moved, seconded by the Honourable Senator DeWare, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted. Orders No. 118, 45 (motions) 63 and 73 (inquiries) were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Spivak, 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 Perrault, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted. Orders No. 127 (motion), 47 and 65 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Kinsella calling the attention of the Senate to the Responses to the Supplementary Questions emitted by the United Nations Committee on Economic, Social and Cultural Rights on Canada's Third Report on the International Covenant on Economic, Social and Cultural Rights.
After debate, Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Andreychuk. Orders No. 69, 58, 59, 67, 50 (inquiries), 114 (motion) and 34 (inquiry) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Losier-Cool, calling the attention of the Senate to population, education and health, particularly for young girls and women in many developing countries.
After debate, The Honourable Senator Corbin moved, seconded by the Honourable Senator Ferretti Barth, 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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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
April 29, 1999Mr. Speaker:
I have the honour to inform you that the Honourable Peter deC. Cory, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 29th day of April, 1999, at 4:30 p.m. for the purpose of giving Royal Assent to certain Bills.
Yours sincerely,
Judith A. LaRocque
Secretary to the Governor General
The Honourable The Speaker of the Senate Ottawa_____________________________________
Order No. 64 (inquiry) was called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Forrestall calling the attention of the Senate to the Liberal cancellation of EH-101, and the state of Canada's Labrador and Sea King helicopter fleets.After debate, The Honourable Senator Di Nino moved, seconded by the Honourable Senator Doody, that further debate on the inquiry 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 Milne calling the attention of the Senate to the lack of access to the 1906 and all subsequent censuses caused by an Act of Parliament adopted in 1906 under the Government of Sir Wilfrid Laurier.
After debate, Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Johnson. Resuming debate on the motion of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Berntson:
That a Special Committee of the Senate be appointed to examine and report on the manner in which the chain of command of the Canadian Forces both in-theatre and at National Defence Headquarters, responded to the operational, disciplinary, decision-making and administrative problems encountered during the Somalia deployment to the extent that these matters have not been examined by the Commission of Inquiry into the Deployment of Canadian Forces to Somalia;
That the Committee in examining these issues may call witnesses from whom it believes it may obtain evidence relevant to these matters including but not limited to:
1. former Ministers of National Defence;
2. the then Deputy Minister of National Defence;
3. the then Acting Chief of Staff of the Minister of National Defence;
4. the then special advisor to the Minister of National Defence (M. Campbell);
5. the then special advisor to the Minister of National Defence (J. Dixon);
6. the persons occupying the position of Judge Advocate General during the relevant period;
7. the then Deputy Judge Advocate General (litigation); and
8. the then Chief of Defence Staff and Deputy Chief of Defence Staff.
That seven Senators, nominated by the Committee of Selection act as members of the Special Committee, and that three members constitute a quorum;
That the Committee have power to send for persons, papers and records, to examine witnesses under oath, to report from time to time and to print such papers and evidence from day to day as may be ordered by the Committee;
That the Committee have power to authorize television and radio broadcasting, as it deems appropriate, of any or all of its proceedings;
That the Committee have the power to engage the services of such counsel and other professional, technical, clerical and other personnel as may be necessary for the purposes of its examination;
That the political parties represented on the Special Committee be granted allocations for expert assistance with the work of the Committee;
That it be empowered to adjourn from place to place within and outside Canada;
That the Committee have the power to sit during sittings and adjournments of the Senate;
That the Committee submit its report not later than one year from the date of it being constituted, provided that if the Senate is not sitting, the report will be deemed submitted on the day such report is deposited with the Clerk of the Senate; and
That the Special Committee include in its report, its findings and recommendations regarding the structure, functioning and operational effectiveness of National Defence Headquarters, the relationship between the military and civilian components of NDHQ, and the relationship among the Deputy Minister of Defence, the Chief of Defence Staff and the Minister of National Defence,
And on the motion in amendment of the Honourable Senator Forrestall, seconded by the Honourable Senator Beaudoin, that the motion be amended by adding in paragraph 2 the following:
"9. the present Minister of National Defence.".After debate, The Honourable Senator Kinsella for the Honourable Senator Meighen moved, seconded by the Honourable Senator Keon, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Ordered, That Orders No. 10 and 9 under Reports of Committees be again called. Consideration of the Ninth Report of the Standing Senate Committee on Agriculture and Forestry (supplementary budget-study on forestry in Canada) presented in the Senate on April 28, 1999.The Honourable Senator Taylor moved, seconded by the Honourable Senator Maloney, that the Report be adopted.
The question being put on the motion, it was adopted. Consideration of the Eighth Report of the Standing Senate Committee on Aboriginal Peoples (supplementary budget-study on Aboriginal governance) presented in the Senate on April 28, 1999.
The Honourable Senator Watt moved, seconded by the Honourable Senator Chalifoux, that the Report be adopted.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Taylor moved, seconded by the Honourable Senator Maloney:That the papers and evidence received and taken on the subject of the harvest of the boreal forest during the Second Session of the Thirty-fifth Parliament be referred to the Subcommittee on the Boreal Forest of the Standing Senate Committee on Agriculture and Forestry.
The question being put on the motion, it was adopted.
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 Peter deC. Cory, 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 establish the Canada Customs and Revenue Agency and to amend and repeal other Acts as a consequence (Bill C-43, Chapter 17, 1999)
An Act respecting the Certified General Accountants Association of Canada (Bill S-25)
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."
4:45 p.m. The Commons withdrew.
After which the Honourable the Deputy of His Excellency the Governor General was pleased to retire.
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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 Fairbairn, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday next, May 4 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):
Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Caulfeild Apparel Group Ltd. regarding a certain cotton fabric", dated March 31, 1999, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.-Sessional Paper No. 1/36-1132.Report of the Canadian International Trade Tribunal entitled "Requests for Tariff Relief by Ladcal Investments Ltd. O/A Pintar Manufacturing, Nour Trading House Inc. and T.S. Simms and Company Limited regarding woven cut pile fabrics", dated April 14, 1999, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54. -Sessional Paper No. 1/36-1133.
Report of the Chicken Farms of Canada, together with the Auditor's report, for the year ended December 31, 1998, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.-Sessional Paper No. 1/36-1134.
Report of the Canadian Egg Marketing Agency, together with the Auditors' report, for the year ended December 31, 1998, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.-Sessional Paper No. 1/36-1135.
Report of the Canadian Turkey Marketing Agency, together with the Auditors' report, for the year ended December 31, 1998, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.-Sessional Paper No. 1/36-1136.
Report of the Canadian Broiler Hatching Egg Marketing Agency for the year ending December 31, 1998, pursuant to the Farm Products Marketing Agencies Act, R.S.C. 1985, c. F-4, s. 30.-Sessional Paper No. 1/36-1137.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Mercier: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 Pépin substituted for that of the Honourable Senator Robichaud (Saint-Louis-de-Kent) (April 28).