Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 140
Thursday, May 13, 1999
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Comeau, Cook, Corbin, De Bané, DeWare, Doody, Eyton, Fairbairn, Forrestall, Gauthier, 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, Pépin, Perrault, Poulin, 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, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Comeau, Cook, *Cools, Corbin, De Bané, DeWare, Doody, Eyton, Fairbairn, Forrestall, Gauthier, 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, Pépin, Perrault, Poulin, 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
Reading of Petitions for Private Bills
The Fourth Report of the Examiner of Petitions for Private Bills was tabled (Sessional Paper No. 1/36-1158S) and reads as follows:-THURSDAY, May 13, 1999
Pursuant to Rule 107(2), the Examiner of Petitions for Private Bills has the honour to present his
FOURTH REPORT
Your Examiner has duly examined the following petition and finds that the requirements of the Rules of the Senate have been complied with in all material respects:-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.
On Thursday, May 6, 1999, the Standing Committee on Privileges, Standing Rules and Orders, in accordance with Rule 108, recommended 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".
This recommendation was agreed to by the Senate on Tuesday, May 11, 1999.
Respectfully submitted,
GARY W. O'BRIEN
Examiner of Petitions for Private Bills
The following petition was read and received:-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.
Introduction and First Reading of Private Bills
The Honourable Senator Taylor presented a Bill S-30, An Act to amend the Act of incorporation of the Board of Elders of the Canadian District of the Moravian Church in America.The Bill was read the first time.
The Honourable Senator Taylor moved, seconded by the Honourable Senator Maloney, that the Bill be placed on the Orders of the Day for a second reading on Monday, May 31, 1999.
The question being put on the motion, it was adopted.
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With leave, The Senate reverted to Presentation of Reports From Standing or Special Committees. The Honourable Senator Comeau presented the following:THURSDAY, May 13, 1999
The Standing Senate Committee on Fisheries has the honour to present its
FOURTH REPORT
Your Committee, to which was referred Bill C-27, An Act to amend the Coastal Fisheries Protection Act and the Canada Shipping Act to enable Canada to implement the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and other international fisheries treaties or arrangements, has, in obedience to the Order of Reference of Tuesday, April 27, 1999, examined the said Bill and now reports the same without amendment.Observation:
Your Committee notes that it instructed the Law Clerk and Parliamentary Counsel to correct a printing error in the parchment by adding the following words in the English version of the bill, on page 6, in clause 4, after the last word on line 18: "pursuit that began while the vessel was in Canadian fisheries waters.".
Respectfully submitted,
GERALD J. COMEAU
Chair
With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Graham, P.C., that the Bill be placed on the Orders of the Day for a third reading later this day.The question being put on the motion, it was adopted. The Honourable Senator Milne, Chair of the Standing Senate Committee on Legal and Constitutional Affairs presented its Twenty-fourth Report (Proposals for a Miscellaneous Statute Law Amendment Act, 1998).
(The Report is printed as Appendix "A")
With leave of the Senate, The Honourable Senator Milne moved, seconded by the Honourable Senator Austin, P.C., that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted. The Honourable Senator Hervieux-Payette, P.C., Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, presented its Fifth (A) Report (budget).
(The Report is printed as Appendix "B")
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Grafstein, 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 Watt presented the following:
THURSDAY, May 13, 1999
The Standing Senate Committee on Aboriginal Peoples has the honour to present its
NINTH REPORT
Your Committee, to which was referred Bill C-49, An Act providing for the ratification and the bringing into effect of the Framework Agreement on First Nation Land Management, has, in obedience to the Order of Reference of Tuesday, April 13, 1999, examined the said Bill and now reports the same with the following amendments and observations:Clause 28, page 15:
1. In the English version, replace line 25 with the following:
"other first nation community purposes.".
2. Replace lines 42 and 43 with the following:
"first nation shall apply the rules set out in the Expropriation Act, with such modifications as the circumstances require.".Your Committee is highly sensitive to the vital importance of the Bill C-49 land management initiative to the economic, social and political development of the participating First Nations, and urges that the bill be proceeded with expeditiously.
Your Committee acknowledges receipt of the May 12 letter from the Minister of Indian Affairs and Northern Development sharing the Committee's concern for the pressing need to address Aboriginal women's rights issues, including the division of matrimonial property. In light of existing constitutional guarantees, your Committee endorses the Minister's invitation to assist her by studying these issues in a formal way, and undertakes to pursue the requested study in the fall 1999 session.
Respectfully submitted,
CHARLIE WATT
Chair
With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Pépin, that the Report be placed on the Orders of the Day for consideration later this day.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 Callbeck, seconded by the Honourable Senator Cook, for the second reading of Bill C-72, An Act to amend the Income Tax Act, to implement measures that are consequential on changes to the Canada-U.S. Tax Convention (1980) and to amend the Income Tax Conventions Interpretation Act, the Old Age Security Act, the War Veterans Allowance Act and certain Acts related to the Income Tax Act.After debate, The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Grafstein, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the Ninth Report of the Standing Senate Committee on Aboriginal Peoples (Bill C-49, An Act providing for the ratification and the bringing into effect of the Framework Agreement on First Nation Land Management, with amendments and observations) presented in the Senate earlier this day.The Honourable Senator Watt moved, seconded by the Honourable Senator Chalifoux, that the Report be adopted.
After debate, The question being put on the motion, it was adopted.
With leave of the Senate, The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Watt, that the Bill, as amended, be now read the third time.
After debate, The question being put on the motion, it was adopted.
The Bill, as amended, 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, with certain amendments, to which they desire their concurrence.
Bills
Third reading of Bill C-27, An Act to amend the Coastal Fisheries Protection Act and the Canada Shipping Act to enable Canada to implement the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and other international fisheries treaties or arrangements.The Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent) moved, seconded by the Honourable Senator Stewart, 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, without amendment.
Reports of Committees
Consideration of the Twenty-fourth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Proposals for a Miscellaneous Statute Law Amendment Act, 1998), presented in the Senate earlier this day.After debate, The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella, that further debate on consideration of the Report 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 Butts, 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 and 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 moved, seconded by the Honourable Senator Grafstein, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on division. Orders No. 5 and 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.Debate concluded. Orders No. 2 to 6 were called and postponed until the next sitting.
Other
Orders No. 39, 64, 78, 77, 73, 61 (inquiries), 125 (motion), 46, 49, 44 (inquiries), 1, 118, 45 (motions), 63 (inquiry), 127 (motion), 47, 65, 69, 58, 59 and 67 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Stewart calling the attention of the Senate to the Eighth Report of the Standing Senate Committee on Foreign Affairs entitled: "Crisis in Asia: Implications for the Region, Canada and the World."After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator Keon, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted. Order No. 114 (motion) was called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Simard calling the attention of the Senate to the current situation with regard to the application of the Official Languages Act, its progressive deterioration, the abdication of responsibility by a succession of governments over the past ten years and the loss of access to services in French for francophones outside Quebec.
After debate, The Honourable Senator Carstairs for the Honourable Senator Gauthier moved, seconded by the Honourable Senator Mercier, 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. (Saint-Louis-de-Kent):
That when the Senate adjourns today, it do stand adjourned until Monday, May 31, 1999, at 8:00 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):
List of various international agreements which entered into force for Canada in 1995 (together with copies of the Agreements).-Sessional Paper No. 1/36-1155.Reports of Canada Mortgage and Housing Corporation required by the Access to Information Act and the Privacy Act for the period ended March 31, 1999, 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. 1/36-1156.
Reports of the Copyright Board required by the Access to Information Act and the Privacy Act for the period ended March 31, 1999, 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. 1/36-1157.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Stewart: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 Aboriginal PeoplesThe names of the Honourable Senators Maheu and Tkachuk substituted for those of the Honourable Senators Pépin and Robertson (May 12).
The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Maheu (May 13).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Robichaud (Saint-Louis-de-Kent) substituted for that of the Honourable Senator Pépin (May 12).
The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Robichaud (Saint-Louis-de-Kent) (May 13).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Johnstone substituted for that of the Honourable Senator Fitzpatrick (May 12).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Johnson and Robichaud (L'Acadie-Acadia) substituted for those of the Honourable Senators Kinsella and Callbeck (May 13).