48 Elizabeth II, A.D. 1999, Canada

Journals of the Senate

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Issue 142

Tuesday, June 1, 1999
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cohen, Comeau, Cook, Cools, Corbin, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Johnstone, Joyal, Kelleher, Kelly, Kenny, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Oliver, Pearson, Pépin, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rossiter, Ruck, St. Germain, 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, Chalifoux, *Cochrane, Cohen, Comeau, Cook, Cools, Corbin, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, *Hays, Johnstone, Joyal, Kelleher, Kelly, Kenny, 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, Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, *Rompkey, Rossiter, Ruck, St. Germain, Simard, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan, Wilson

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Government Notices of Motions

With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Callbeck:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, June 2, 1999, at 1:30 p.m.

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

MESSAGES FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons to return Bill S-18, An Act respecting the Alliance of Manufacturers & Exporters Canada,

And to acquaint the Senate that the Commons have passed this Bill, without amendment.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third 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.

The Honourable Senator Callbeck moved, seconded by the Honourable Senator Cook, that the Bill be read the third time.

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

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

Reports of Committees

Resuming debate on 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 on May 13, 1999.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Stewart, 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 Transport and Communications (Bill C-55, An Act respecting advertising services supplied by foreign periodical publishers, with amendments) presented in the Senate on May 31, 1999.

A Point of Order was raised as to the acceptability of the amendments contained in the Report.

After debate, The Speaker reserved his decision.

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 Corbin moved, seconded by the Honourable Senator Fitzpatrick, that further debate on the motion 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 Notices of Motions.

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

That the Subcommittee on Canada's Emergency and Disaster Preparedness of the Standing Senate Committee on National Finance have power to sit at 5:00 p.m. today, 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.

ORDERS OF THE DAY

OTHER BUSINESS

Senate Public Bills

Orders No. 2 and 3 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Rossiter, for the second reading of Bill S-28, An Act to amend the Canada Elections Act (hours of polling in Saskatchewan).

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

The question being put on the motion, it was adopted. Order No. 5 was called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Grimard, for the second reading of Bill S-27, An Act to amend the Canada Elections Act (hours of polling at by-elections).

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

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

Private Bills

Order No. 1 was called and postponed until the next sitting.

Reports of Committees

Resuming debate on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Cochrane, for the adoption of the Fifteenth Report of Standing Senate Committee on Social Affairs, Science and Technology (Bill S-10, An Act to amend the Excise Tax Act, with an amendment) presented in the Senate on December 9, 1998.

After debate, Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Carstairs. Resuming debate on the motion of the Honourable Senator Kelly, seconded by the Honourable Senator Beaudoin, for the adoption of the Report of the Special Committee of the Senate on Security and Intelligence, deposited with the Clerk of the Senate on January 14, 1999;

And on the motion in amendment of the Honourable Senator Carstairs, seconded by the Honourable Senator Fairbairn, P.C., that the Report be not now adopted, but that it be amended by deleting recommendation No. 33; and

That recommendation No. 33 be referred to the Standing Committee on Privileges, Standing Rules and Orders for consideration and report.

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

The Senate resumed debate on the motion of the Honourable Senator Kelly, seconded by the Honourable Senator Beaudoin, for the adoption of the Report, as amended, of the Special Committee of the Senate on Security and Intelligence, deposited with the Clerk of the Senate on January 14, 1999.

After debate, The question being put on the motion, it was adopted. Orders No. 3 to 6 were called and postponed until the next sitting.

Other

Resuming debate on the motion of the Honourable Senator Kinsella, seconded by the Honourable Senator DeWare:

That a Special Committee of the Senate be appointed to examine and report upon the conduct of the Prime Minister, the Prime Minister's Office, the Minister of Foreign Affairs, the Solicitor General and the Privy Council Office in the security arrangements for the Asia-Pacific Economic Cooperation Conference held in Vancouver in November 1997, and any issues subsequently arising therefrom. In particular, the allegations that political motivations rather than security considerations were used unlawfully which resulted in the violation of the constitutional right to freedom of expression, freedom assembly and freedom of association of certain Canadian citizens and the suppression of legitimate protest.

That seven Senators, nominated by the Committee of Selection act as members of the Special Committee, and that three members constitute a quorum;

That the Committee have power to send for persons, papers and records, to examine witnesses under oath, to report from time to time and to print such papers and evidence from day to day as may be ordered by the Committee;

That the Committee have power to authorize television and radio broadcasting, as it deems appropriate, of any or all of its proceedings;

That the Committee have the power to engage the services of such counsel and other professional, technical, clerical and other personnel as may be necessary for the purposes of its examination;

That the political parties represented on the Special Committee be granted allocations for expert assistance with the work of the Committee;

That it be empowered to adjourn from place to place within and outside Canada;

That the Committee have the power to sit during sittings and adjournments of the Senate;

That the Committee submit its report not later than one year from the date of it being constituted, provided that if the Senate is not sitting, the report shall be deemed submitted on the day such report is deposited with the Clerk of the Senate.

After debate, Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Carstairs. Orders No. 50, 34, 39 and 64 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Carstairs calling the attention of the Senate to the status of palliative care in Canada, in recognition of National Palliative Care Week.

After debate, The Honourable Senator Corbin moved, seconded by the Honourable Senator Lewis, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 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.

INQUIRIES

The Honourable Senator Corbin called the attention of the Senate to his observations and thoughts arising from 16 days spent in Africa with Their Excellencies the Governor General of Canada the Right Honourable Roméo LeBlanc and his wife Diana Fowler LeBlanc, who were carrying out the first Canadian state visit to the Ivory Coast, Tanzania, Mali and Morocco.

After debate, The Honourable Senator Comeau moved, seconded by the Honourable Senator DeWare, that further debate on the inquiry be adjourned until the next sitting.

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

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Reports of the Northern Pipeline Agency 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. 1/36-1175.

Summaries of the Corporate Plan for 1999-2000 to 2003-04 and of the Operating and Capital Budgets for 1999-2000 of the Canada Deposit Insurance Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). -Sessional Paper No. 1/36-1176.

Report of the Canada Deposit Insurance Corporation on the administration of the Alternative Fuels Act for the year ended March 31, 1999, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.-Sessional Paper No. 1/36-1177.

ADJOURNMENT

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

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 Fairbairn substituted for that of the Honourable Senator Moore (May 31).

Standing Senate Committee on Aboriginal Peoples

The name of the Honourable Senator Pépin removed from the membership (June 1).

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