Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 137
Thursday, May 6, 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, Comeau, Cook, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelly, 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, Roberge, 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, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelly, 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, Roberge, 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
Presentation of Reports from Standing or Special Committees
The Honourable Senator Rompkey, P.C., presented the following:THURSDAY, May 6, 1999
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
THIRTY-THIRD REPORT
Your Committee recommends that the Senators Travel Policy be amended as follows:1. While travelling on Senate or public business a Senator and an alternate may claim living expenses within the maximum limits as determined by the Internal Economy Committee from time to time.
2. Senators travelling in their region on Senate or public business may claim expenses for kilometres driven at the rate approved by Treasury Board, provided that a quarter (1/4) point is deducted.
3. Treasury Board rates for private accommodation will apply to Senators while travelling on Senate or public business.
Respectfully submitted,
WILLIAM ROMPKEY
Chair
The Honourable Senator Rompkey, P.C. moved, seconded by the Honourable Senator Johnstone, 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 Murray, P.C., Chairman of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Nineteenth Report (budget-study on social cohesion).
(The Report is printed as an Appendix)
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Balfour, 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 Maheu presented the following:
THURSDAY, May 6, 1999
The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its
TENTH REPORT
Your Committee, in accordance with Rule 108, and upon the request of its sponsor, the Honourable Senator Taylor, recommends the suspension of Rule 106 in connection with a proposed private bill intituled: "An Act to amend the Act of incorporation of the Board of Elders of the Canadian District of the Moravian Church in America".Respectfully submitted,
SHIRLEY MAHEU
Chair
The Honourable Senator Maheu moved, seconded by the Honourable Senator Fitzpatrick, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Rompkey, P.C., tabled the following:Ninth Report of the Canadian NATO Parliamentary Association respecting its participation at the Meeting of the Standing Committee and the Secretaries of National Delegations of the NATO Parliamentary Assembly, held in Dresden, Germany, from March 26 to 28, 1999.-Sessional Paper No. 1/36-1146. The Honourable Senator Austin, P.C., tabled the following:
Second Report of the Canada-China Legislative Association respecting the Co-Chairs' visit in China from March 26 to April 9, 1999.-Sessional Paper No. 1/36-1147.
Notices of Motions
With leave of the Senate, The Honourable Senator Whelan P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):That the Standing Senate Committee on Agriculture and Forestry have power to sit at 3:30 p.m. on Tuesday next, May 11, 1999, 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.
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The Honourable Senator Graham, P.C., tabled the following:Statement by the Chairman on the conclusion of the meeting of the G-8 Foreign Ministers on the Petersberg, May 6, 1999. -Sessional Paper No. 1/36-1148S.
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, In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator DeWare, that the bill be not now read the third time, but that it be referred back to the Standing Senate Committee on Legal and Constitutional Affairs, together with the proposed amendments, for further consideration.
After debate, The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Atkins, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 6 were called and postponed until the next sitting.Reports of Committees
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 Carstairs for the Honourable Senator Stewart moved, seconded by the Honourable Senator Pépin, 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. 2 to 6 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.INQUIRIES
The Honourable Senator Forrestall called the attention of the Senate to the federal government's lack of a national shipbuilding policy to support this industry with a view towards maintaining and advancing the degree of excellence and the technologies for which Canadians are historically renowned and in jeopardy of losing.After debate, The Honourable Senator DeWare for the Honourable Senator Bolduc moved, seconded by the Honourable Senator Tkachuk, 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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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 Robichaud, P.C. (L'Acadie-Acadia):
That when the Senate adjourns today, it do stand adjourned until Tuesday next, May 11, 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 Pépin: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 National FinanceThe name of the Honourable Senator Lavoie-Roux substituted for that of the Honourable Senator Bolduc (May 5).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Adams and Joyal substituted for those of the Honourable Senators Maloney and Johnstone (May 6).