Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 135
Tuesday, May 4, 1999
2:00 p.m.
The Honourable Fernand Robichaud, P.C., Acting Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Hays, Johnson, Johnstone, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Pitfield, Poulin (Charette), Prud'homme, Rivest, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Spivak, Stewart, Stollery, Stratton, 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, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Hays, Johnson, Johnstone, Joyal, Kelleher, 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, Perrault, Pitfield, Poulin (Charette), Prud'homme, Rivest, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan, Wilson,
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent.
The Honourable Senator Graham, P.C., moved, seconded by the Honourable Senator Lynch-Staunton:
That during the absence of the Honourable the Speaker, the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent) do preside as Speaker.
Whereupon the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent) took the Chair.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Acting Speaker tabled the following:Annual Report of the Commissioner of Official Languages for the calendar year 1998, pursuant to the Official Languages Act, R.S.C. 1985 (4th Supp.), c. 31, s. 66.-Sessional Paper No. 1/36-1144.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kirby, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Twenty-fourth Report (Bill S-18, An Act respecting the Alliance of Manufacturers & Exporters Canada) without amendment.The Honourable Senator Kirby moved, seconded by the Honourable Senator Poulin, that the Bill 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. The Honourable Senator Stewart, Chair of the Standing Senate Committee on Foreign Affairs, presented its Eleventh Report (budget-study on Canada's relation with NATO).
(The Report is printed as Appendix "A")
The Honourable Senator Stewart moved, seconded by the Honourable Senator Whelan, P.C., 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.
The Honourable Senator Stewart, Chair of the Standing Senate Committee on Foreign Affairs, presented its Twelfth Report (budget-study on the European Monetary Union).
(The Report is printed as Appendix " B")
The Honourable Senator Stewart moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), 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 Pépin:That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, May 5, 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 De Bané, P.C., tabled the following:Report of the Canadian Section of the Assemblée parlementaire de la Francophonie respecting its participation at the APF Political Committee meeting, held in Cairo, Egypt, on February 23 and 24, 1999.-Sessional Paper No. 1/36-1145.
Presentation of Petitions
The Honourable Senator Milne presented petitions:Of Members of the Ottawa Branch of the Ontario Genealogical Society concerning the Statistics Act (census records).
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 Wilson moved, seconded by the Honourable Senator Beaudoin, that further debate on the motions in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting. Second reading of Bill S-29, An Act to amend the Criminal Code (Protection of Patients and Health Care Providers).The Honourable Senator Lavoie-Roux moved, seconded by the Honourable Senator Butts, that the Bill be read the second time.
After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Pépin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted. Orders No. 3 to 6 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 7 were called and postponed until the next sitting.Other
Orders No. 61 (inquiry), 125 (motion), 46, 39, 49, 44 (inquiries), 1, 118, 45 (motions) and 63 (inquiry) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Keon calling 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 Kinsella, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted. Orders No. 127 (motion), 47, 65, 69, 58, 59, 67, 50 (inquiries), 114 (motion), 34 and 64 (inquiries) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Bank of Canada required by the Access to Information Act and the Privacy Act for the period ended December 31, 1998, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).-Sessional Paper No. 1/36-1139.Reports concerning permits issued by the Minister of Citizenship and Immigration for the year 1998, pursuant to the Immigration Act, R.S.C. 1985, c. I-2, sbs. 37(7).-Sessional Paper No. 1/36-1140.
Report of the Canada Mortgage and Housing Corporation, together with the auditors' 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. 1/36-1141.
Report of the Canadian Human Rights Tribunal for the year 1998, pursuant to the Canadian Human Rights Act, S.C. 1998, c. 9, s. 61(4).-Sessional Paper No. 1/36-1142.
Report of Petro-Canada 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. 1/36-1143.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Callbeck: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 Kinsella substituted for that of the Honourable Senator Gustafson (May 3).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Mahovlich removed from the membership (May 3).
Standing Committee on Privileges, Standing Rules and Orders
The name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Kroft (May 4).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Maheu and Johnstone substituted for those of the Honourable Senators Robichaud (Saint-Louis-de-Kent) and Joyal (May 4).