Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 149
Monday, June 14, 1999
4:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Keon, Kinsella, Kirby, Kroft, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pitfield, Poulin, Prud'homme, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Spivak, Stewart, Stratton, Tkachuk, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Keon, Kinsella, Kirby, Kroft, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pitfield, Poulin, Prud'homme, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Spivak, Stewart, Stratton, Tkachuk, Wilson
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Tabling of Documents
With leave of the Senate, The Honourable Senator Kinsella tabled the following:French version of Resolution 1244 (1999), adopted by the Security Council of the United Nations at its 4011th meeting on June 10, 1999.-Sessional Paper No. 1/36-1200S.
Notices of Motions
With leave of the Senate, The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Balfour:That the Standing Senate Committee on Social Affairs, Science and Technology have power to sit at 6:00 p.m. today even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
After debate, 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 C-49, An Act providing for the ratification and the bringing into effect of the Framework Agreement on First Nation Land Management,And to acquaint the Senate that the Commons have agreed to the amendments made by the Senate to this Bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
The Order was called to resume debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Kroft, for the third reading of Bill C-71, An Act to implement certain provisions of the budget tabled in Parliament on February 16, 1999.With leave of the Senate, a recorded division was deferred until 5:00 p.m. today.
Third reading of Bill C-79, An Act to amend the Criminal Code (victims of crime) and another Act in consequence.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool, that the Bill be read the third time.
After debate, 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. Third reading of Bill C-66, An Act to amend the National Housing Act and the Canada Mortgage and Housing Corporation Act and to make a consequential amendment to another Act.
The Honourable Senator Gill moved, seconded by the Honourable Senator Ruck, that the Bill be read the third time.
Debate.
DEFERRED DIVISIONS
At 5:00 p.m., and pursuant to Rule 66(3), the Senate proceeded to the taking of the deferred recorded division on the motion in amendment of the Honourable Senator Bolduc, to the motion of the Honourable Senator Moore, seconded by the Honourable Senator Kroft, for the third reading of Bill C-71, An Act to implement certain provisions of the budget tabled in Parliament on February 16, 1999.The question was put on the motion in amendment of the Honourable Senator Bolduc, seconded by the Honourable Senator Beaudoin, that the Bill be not now read a third time but that it be amended:
(a) on pages 10 to 12, by deleting Part 3; and
(b) by renumbering Parts 4 to 9 and clauses 20 to 50 and any cross-references thereto accordingly.The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk , Atkins, Balfour, Beaudoin, Berntson, Bolduc, Buchanan, Cochrane, Cohen, Comeau, DeWare, Di Nino, Doody, Forrestall, Grimard, Johnson, Keon, Kinsella, LeBreton, Lynch-Staunton, Murray, Oliver, Pitfield, Robertson, Roche, Simard, Spivak, Stratton, Tkachuk-29NAYS
The Honourable Senators
Adams, Austin, Bryden, Butts, Carstairs, Chalifoux, Cook, Cools, Corbin, Fairbairn, Ferretti Barth, Fraser, Gauthier, Gill, Grafstein, Graham, Joyal, Kirby, Kroft, Lewis, Losier-Cool, Maheu, Mahovlich, Maloney, Mercier, Milne, Moore, Pearson, Poulin, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Ruck, Stewart, Wilson-35,ABSTENTIONS
The Honourable Senators
Nil
The question being put on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Kroft, for the third reading of Bill C-71, An Act to implement certain provisions of the budget tabled in Parliament on February 16, 1999, it was adopted on division.The Bill was then read the third time and passed on division.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.The Senate then proceeded to the taking of the deferred recorded division on the motion of the Honourable Senator Forrestall, seconded by the Honourable Senator Atkins, for the second reading of Bill S-19, An Act to give further recognition to the war-time service of Canadian merchant navy veterans and to provide for their fair and equitable treatment.
The question being put on the motion, it was negatived on the following division:YEAS
The Honourable Senators
Andreychuk, Atkins, Balfour, Beaudoin, Berntson, Bolduc, Buchanan, Cochrane, Cohen, Comeau, DeWare, Di Nino, Doody, Forrestall, Grimard, Johnson, Keon, Kinsella, LeBreton, Lynch-Staunton, Murray, Oliver, Prud'homme, Robertson, Roche, Simard, Stratton, Tkachuk-28NAYS
The Honourable Senators
Adams, Austin, Bryden, Butts, Carstairs, Chalifoux, Cook, Cools, Corbin, Fairbairn, Ferretti Barth, Fraser, Gauthier, Gill, Grafstein, Graham, Hervieux-Payette, Joyal, Kirby, Kroft, Lewis, Losier-Cool, Maheu, Mahovlich, Maloney, Mercier, Milne, Moore, Pearson, Pitfield, Poulin, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Ruck, Stewart, Wilson-37, ,ABSTENTIONS
The Honourable Senators
Nil
Bills
The Senate resumed debate on the motion of the Honourable Senator Gill, seconded by the Honourable Senator Ruck, for the third reading of Bill C-66, An Act to amend the National Housing Act and the Canada Mortgage and Housing Corporation Act and to make a consequential amendment to another Act.After debate, 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.
Third reading of Bill C-67, An Act to amend the Bank Act, the Winding-up and Restructuring Act and other Acts relating to financial institutions and to make consequential amendments to other Acts.The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Chalifoux, 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.Third reading of Bill C-64, An Act to establish an indemnification program for travelling exhibitions.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Mercier, 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 Sixteenth Report (Interim) of the Standing Senate Committee on National Finance (Estimates 1999-2000), presented in the Senate on June 10, 1999.The Honourable Senator Stratton moved, seconded by the Honourable Senator Cohen, that the Report be adopted.
After debate, The question being put on the motion, it was adopted.Bills
Second reading of Bill C-86, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial years ending March 31, 2000 and March 31, 2001.The Honourable Senator Cools moved, seconded by the Honourable Senator Chalifoux, that the Bill be read the second time.
After debate, The question being put on the motion, it was adopted.The Bill was then read the second time.
The Honourable Senator Cools moved, seconded by the Honourable Senator Chalifoux, that the Bill be placed on the Orders of the Day for a third reading at the next sitting.The question being put on the motion, it was adopted.
Second reading of Bill C-84, An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain Acts that have ceased to have effect.The Honourable Senator Milne moved, seconded by the Honourable Senator Butts, that the Bill be read the second time.
After debate, The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Robertson, that further debate on the motion be adjourned until the next sitting.The question being put on the motion, it was adopted.
Second reading of Bill C-82, An Act to amend the Criminal Code (impaired driving and related matters).The Honourable Senator Carstairs moved, seconded by the Honourable Senator Mahovlich, that the Bill be read the second time.
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 LeBreton, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.Commons Public Bills
Order No. 1 was called and postponed until the next sitting.Private Bills
Order No. 1 was called and postponed until the next sitting.Reports of Committees
Orders No. 1 to 6 were called and postponed until the next sitting.Other
Order No. 65 (inquiry) was called and postponed until the next sitting.Resuming debate on the inquiry of the Honourable Senator Grafstein calling the attention of the Senate to the question of international law: Canada and the NATO action in the Federal Republic of Yugoslavia.
After debate, The Honourable Senator Roche moved, seconded by the Honourable Senator Kinsella, that further debate on the inquiry be adjourned until the next sitting.The question being put on the motion, it was adopted.
Orders No. 76, 79, 82 (inquiries), 143, 127 (motions), 49, 81 (inquiries), 114 (motion), 78, 68, 50, 34, 39, 64, 73, 61, 46 (inquiries) 1, 118 (motions), 63 and 47 (inquiries) were called and postponed until the next sitting.INQUIRIES
The Honourable Senator Milne called the attention of the Senate to the report of the Canada-Europe Parliamentary Association Delegation to the Second Part of the 1999 Session of the Parliamentary Assembly of the Council of Europe, held from April 26 to 30, 1999, in Strasbourg, France.Debate concluded.
MOTIONS
The Honourable Senator Nolin moved, seconded by the Honourable Senator LeBreton:That a Special Committee of the Senate be appointed to reassess Canada's anti-drug legislation and policies, to carry out a broad consultation of the Canadian public to determine the specifics needs of various regions of the country, where social problems associated with the trafficking and use of illegal drugs is more in evidence, to develop proposals to disseminate information about Canada's anti-drug policy and, finally, to make recommendations for of an anti-drug strategy developed by and for Canadians under which all levels of government to work closely together to reduce the harm associated with the use of illegal drugs.
That, without being limited in its mandate by the following, the Committee be authorized to:- review the federal government's policy to reduce the use of illegal drugs in Canada, its effectiveness, and the extent to which it is fairly enforced;
- develop a national harm reduction policy in order to lessen the negative impact of illegal drug use in Canada, and make recommendations regarding the enforcement of this policy, specifically the possibility of focusing on use and abuse of drugs as a social and health problem;- study harm reduction models adopted by other countries (treatment programs and parallel programs aimed at illegal drug users) and determine if there is a need to implement them wholly or partially in Canada;
- examine Canada's international role and obligations under United Nations conventions on narcotics and the Universal Declaration of Human Rights in order to determine whether these conventions authorize it to take action other than laying criminal charges;- explore the effects of cannabis on health and examine the issue of whether decriminalizing cannabis would lead to increased use and abuse in the short and long term.
- examine the possibility of the government using its regulatory power under the Contraventions Act as an additional means of implementing a harm reduction policy, as is commonly done in certain European countries;- examine any other issue respecting Canada's anti-drug policy that the Committee considers appropriate to the completion of its mandate.
That the Special Committee be composed of eight Senators and that four members constitute a quorum;That the Committee have the power to send for persons, papers and records, to examine witnesses, to report from time to time and to print such papers, briefs and evidence from day to day as may be ordered by the Committee;
That the briefs received and testimony heard during consideration of Bill C-8, an Act respecting the control of certain drugs, their precursors and other substances, by the Standing Senate Committee on Legal and Constitutional Affairs during the second session of the thirty-fifth Parliament be referred to the Committee;That the Committee have the power to authorize television, radio and electronic broadcasting, as it deems appropriate, of any or all of its proceedings;
That the Committee be granted leave to sit when the Senate has been adjourned pursuant to subsection 95 (2) of Senate rules;That the Committee submit its final report not later than two years from the date of it being constituted; and
That the Committee be empowered to continue to exist after the date on which it is to conclude its work in order to inform members of the Senate and the House of Commons, the Canadian public and any other person or association interested in its work, to disseminate the Committee's conclusions and recommendations by means of press releases, press conferences, information sessions or any other activity members of the Committee deem appropriate at a particular time.After debate, The Honourable Senator Carstairs for the Honourable Senator Kenny moved, seconded by the Honourable Senator Joyal, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.The Honourable Senator Poulin moved, seconded by the Honourable Senator Butts:
That the Senate Standing Committee on Transport and Communications be authorized to examine and report upon the information, arts and entertainment provided by the traditional and modern media to Canadians, given the changing nature of mass communications and technological innovation;That the Committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings; and
That the Committee present its final report no later than June 15, 2000.After debate, The Honourable Senator Kinsella for the Honourable Senator Forrestall moved, seconded by the Honourable Senator DeWare, that further debate on the motion 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):
Lists of various international agreements which entered into force for Canada in 1993 (together with copies of the Agreements).-Sessional Paper No. 1/36-1201.Report of the International Centre for Human Rights and Democratic Development, five year review covering the period from September 1993 to September 1998, pursuant to the International Centre for Human Rights and Democratic Development Act, S.C. 1988, c. 64, sbs. 31(3).-Sessional Paper No. 1/36-1202.
Reports of Status of Women Canada 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. 1/36-1203.Report of the Royal Canadian Mounted Police External Review Committee for the fiscal year ended March 31, 1999, pursuant to the Act to amend the Royal Canadian Mounted Police Act and other Acts in consequence thereof, R.S.C. 1985, c. 8 (2nd Supp.), s. 30.-Sessional Paper No. 1/36-1204.
Report of the Canadian International Trade Tribunal for the fiscal year ended March 31, 1999, pursuant to the Canadian International Trade Tribunal Act, R.S.C. 1985, c. 47 (4th Supp.), s. 42.-Sessional Paper No. 1/36-1205.Report of the Farm Credit Corporation, together with the Auditor General's report, for the fiscal year ended March 31, 1999, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).-Sessional Paper No. 1/36-1206.
Reports of the Farm Credit 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. 1/36-1207.Summaries of the Corporate Plan for the period 1999-2000 to 2003-04 and of the Operating and Capital Budgets for 1999-2000 of the Farm Credit Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). -Sessional Paper No. 1/36-1208.
Reports of the Department of National Defence 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. 1/36-1209.Reports of the Medical Research Council of Canada 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. 1/36-1210.
Report of the Patented Medicine Prices Review Board for the year ended December 31, 1998, pursuant to the Act to amend the Patent Act and to provide for certain matters in relation thereto, S.C. 1993, c. 2, s. 7.-Sessional Paper No. 1/36-1211.ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Fairbairn, P.C.:That the Senate do now adjourn.
The question being put on the motion, it was adopted._______________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and CommerceThe name of the Honourable Senator Di Nino substituted for that of the Honourable Senator Kelleher (June 10).
Standing Senate Committee on Legal and Constitutional AffairsThe name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Lewis (June 11).
Standing Senate Committee on Social Affairs, Science and TechnologyThe name of the Honourable Senator Maloney substituted for that of the Honourable Senator Pépin (June 11).
Standing Senate Committee on Energy, the Environment and Natural ResourcesThe name of the Honourable Senator Fitzpatrick substituted for that of the Honourable Senator Johnstone (June 11).