48 Elizabeth II, A.D. 1999, Canada

Journals of the Senate

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Issue 136

Wednesday, May 5, 1999
1:30 p.m.

The Honourable Fernand Robichaud, P.C., Acting Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Cochrane, Comeau, Cook, Corbin, De Bané, DeWare, Di Nino, Doody, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kroft, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Poulin (Charette), Poy, 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, Comeau, Cook, *Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kroft, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, *Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Poulin (Charette), Poy, 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,

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Notices of Motions

With leave of the Senate, The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:

That the Standing Senate Committee on Fisheries be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.

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 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 Kinsella moved, seconded by the Honourable Senator DeWare, 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

Resuming debate on the motion of the Honourable Senator Lavoie-Roux, seconded by the Honourable Senator Butts, for the second reading of Bill S-29, An Act to amend the Criminal Code (Protection of Patients and Health Care Providers).

After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Hays, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 2 to 5 were called and postponed until the next sitting.

Second reading of Bill S-28, An Act to amend the Canada Elections Act (hours of polling in Saskatchewan).

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Rossiter, 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.

Private Bills

Third reading of Bill S-18, An Act respecting the Alliance of Manufacturers & Exporters Canada.

The Honourable Senator Kelleher, P.C., moved, seconded by the Honourable Senator Robertson, that the Bill be read the third time.

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.

Reports of Committees

Consideration of the Eleventh Report of the Standing Senate Committee on Foreign Affairs (budget-study on Canada's relation with NATO) presented in the Senate on May 4, 1999.

The Honourable Senator Stewart moved, seconded by the Honourable Senator Pearson, that the Report be adopted.

The question being put on the motion, it was adopted. Consideration of the Twelfth Report of the Standing Senate Committee on Foreign Affairs (budget-study on the European Monetary Union) presented in the Senate on May 4, 1999.

The Honourable Senator Stewart moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), that the Report be adopted.

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 Stewart moved, seconded by the Honourable Senator Lewis, that further debate on consideration of the Report be adjourned until the next sitting.

The question being put on the motion, it was adopted.

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.

Debate concluded. Orders No. 5 to 9 were called and postponed until the next sitting.

Other

Orders No. 73, 61 (inquiries), 125 (motion), 46, 39, 49, 44 (inquiries), 1, 118, 45 (motions), 63 (inquiry), 127 (motion), 47, 65, 69, 58, 59, 67, 50 (inquiries), 114 (motion), 34 and 64 (inquiries) were called and postponed until the next sitting.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Corbin:

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 Transport and Communications

The name of the Honourable Senator Maloney substituted for that of the Honourable Senator Adams (May 4).

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Poy substituted for that of the Honourable Senator Ruck (May 5).

Standing Committee on Privileges, Standing Rules and Orders

The names of the Honourable Senators Bacon, Kenny, Cook Stollery, Lewis and Bryden substituted for those of the Honourable Senators Butts, Maloney, Lewis, Adams, Sparrow and Cools (May 5).

The name of the Honourable Senator Kenny removed from the membership (May 5).

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