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Debates of the Senate (Hansard)

48 Elizabeth II, A.D. 1999, Canada

Journals of the Senate

Issue 139

Wednesday, May 12, 1999
1:30 p.m.

The Honourable Gildas L. Molgat, Speaker

The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cogger, Comeau, Cook, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kolber, Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Perrault, Pitfield, Poulin, Poy, Prud'homme, Rivest, Roberge, Robichaud, (L'Acadie-Acadia) , Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Taylor, Tkachuk, Watt, Whelan, Wilson, ,

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cogger, Comeau, Cook, *Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, 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, Maheu, Mahovlich, Maloney, *Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Perrault, Pitfield, Poulin, Poy, Prud'homme, Rivest, Roberge, Robichaud, (L'Acadie-Acadia) , Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Taylor, Tkachuk, Watt, Whelan, Wilson

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Petitions

The Honourable Senator Taylor presented the following petition:

Of the Board of Elders of the Canadian District of the Moravian Church in America, of the City of Edmonton in the Province of Alberta; praying for the passage of an Act to amend the Act of incorporation of the Board of Elders of the Canadian District of the Moravian Church in America.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Maheu, for the second reading of Bill C-71, An Act to implement certain provisions of the budget tabled in Parliament on February 16, 1999.

Debate.

DEFERRED DIVISION

At 3:00 p.m. and pursuant to Rule 66(3), the Senate proceeded to the taking of the deferred division on the motion in amendment of the Honourable Senator Kinsella to 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.

The question was put on the motion in amendment of the Honourable Senator Kinsella, 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.

The motion in amendment was negatived on the following division.

YEAS

The Honourable Senators

Andreychuk, Atkins, Balfour, Beaudoin, Berntson, Bolduc, Buchanan, Cochrane, Cogger, Comeau, DeWare, Di Nino, Doody, Eyton, Forrestall, Ghitter, Grimard, Gustafson, Johnson, Kelleher, Kelly, Keon, Kinsella, Lavoie-Roux , LeBreton, Lynch-Staunton, Murray, Nolin, Oliver, Pitfield, Prud'homme, Rivest, Roberge, Rossiter, Simard, Spivak, Tkachuk-37

NAYS

The Honourable Senators

Adams, Austin, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cook, Corbin, De Bané, Fairbairn, Ferretti Barth, Fraser, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Johnstone, Joyal, Kenny, Kolber, Kroft, Lawson, Lewis, Losier-Cool, Maheu, Mahovlich, Maloney, Mercier, Milne, Moore, Pearson, Perrault, Poulin, Poy, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Ruck, Sparrow, Stewart, Stollery, Taylor, Watt, Whelan, Wilson-47

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed 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.

The question was put on the motion 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 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.".

The motion in amendment was negatived on the following division:

YEAS

The Honourable Senators

Grafstein, Joyal, Kinsella, Pitfield, Prud'homme, Rivest, Wilson-7

NAYS

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Balfour, Beaudoin, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cogger, Comeau, Cook, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Forrestall, Fraser, Ghitter, Gill, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Kelleher, Kelly, Kenny, Keon, Kolber, Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Mercier, Milne, Moore, Murray, Nolin, Oliver, Pearson, Perrault, Poulin, Poy, Roberge, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Taylor, Tkachuk, Watt-75,

ABSTENTIONS

The Honourable Senators

Eyton, Whelan-2

The question was then put on the motion 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 in Clause 2:

(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;

(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.",

The motion in amendment was negatived on the following division.

YEAS

The Honourable Senators

Di Nino, Ghitter, Grafstein, Joyal, Lynch-Staunton, Pitfield, Prud'homme, Rivest, Wilson-9

NAYS

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Balfour, Beaudoin, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cogger, Comeau, Cook, Corbin, De Bané, DeWare, Doody, Fairbairn, Ferretti Barth, Forrestall, Fraser, Gill, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Johnstone, Kelleher, Kelly, Kenny, Keon, Kinsella, Kolber, Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Maheu, Mahovlich, Maloney, Mercier, Milne, Moore, Murray, Nolin, Oliver, Pearson, Perrault, Poulin, Poy, Roberge, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Taylor, Tkachuk, Watt-72

ABSTENTIONS

The Honourable Senators

Eyton, Gustafson, Whelan-3

After debate, The question being put on the motion, it was adopted on the following division:

YEAS

The Honourable Senators

Andreychuk, Atkins, Austin, Balfour, Beaudoin, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Comeau, Cook, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Forrestall, Fraser, Ghitter, Gill, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Johnstone, Kelleher, Kelly, Kenny, Keon, Kolber, Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Mercier, Milne, Moore, Murray, Nolin, Pearson, Perrault, Poulin, Roberge, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Sparrow, Spivak, Stewart, Stollery, Taylor, Watt-67, ,

NAYS

The Honourable Senators

Grafstein, Gustafson, Joyal, Kinsella, Oliver, Prud'homme, Rivest, Wilson-8

ABSTENTIONS

The Honourable Senators

Pitfield, Whelan-2

Accordingly, the Bill was 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, without amendment.

____________________________________________

Ordered, That all Committees have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.

Bills

The Senate resumed debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Maheu, for the second reading of Bill C-71, An Act to implement certain provisions of the budget tabled in Parliament on February 16, 1999.

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

The Bill was then read the second time.

The Honourable Senator Moore moved, seconded by the Honourable Senator Maheu, that the Bill be referred to the Standing Senate Committee on National Finance.