48 Elizabeth II, A.D. 1999, Canada

Journals of the Senate

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Issue 151

Wednesday, June 16, 1999
1:30 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

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

The Members in attendance to business were:

The Honourable Senators

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

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Milne, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Twenty-sixth Report (Bill C-82, An Act to amend the Criminal Code (impaired driving and related matters)) without amendment.

The Honourable Senator Milne moved, seconded by the Honourable Senator Butts, 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.

Notices of Motions

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

That the Subcommittee on Canada's Emergency and Disaster Preparedness of the Standing Senate Committee on National Finance have power to sit at 5:30 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

GOVERNMENT BUSINESS

Bills

Third 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 Carstairs moved, seconded by the Honourable Senator Maloney, 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-78, An Act to establish the Public Sector Pension Investment Board, to amend the Public Service Superannuation Act, the Canadian Forces Superannuation Act, the Royal Canadian Mounted Police Superannuation Act, the Defence Services Pension Continuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Members of Parliament Retiring Allowances Act and the Canada Post Corporation Act and to make a consequential amendment to another Act.

The Honourable Senator Kirby moved, seconded by the Honourable Senator Butts, that the Bill be read the third time.

After debate, In amendment, the Honourable Senator Stratton moved, seconded by the Honourable Senator Lynch-Staunton, that the Bill be not now read the third time but that it be referred back to the Standing Senate Committee on Banking, Trade and Commerce so that the Committee may monitor discussions between Treasury Board and affected unions over matters contained in the letter of the President of the Treasury Board referred to in the Report of the Standing Senate Committee on Banking, Trade and Commerce on Bill C-78; and

That the Committee report back to the Senate no later than September 7, 1999.

The question was put on the motion in amendment. With leave of the Senate, a recorded division was deferred until 3:45 p.m. tomorrow.

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With leave, The Senate reverted to Presentation of Reports From Standing or Special Committees. The Honourable Senator Maheu presented the following:

WEDNESDAY, June 16, 1999

The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its

TWELFTH REPORT

On Thursday, June 10, 1999 the Senate adopted the following motion:

That the issue of the rights of all Senators to be able to participate in the standing votes in the Senate that have been requested in accordance with Rule 65(3), and the procedures followed on June 9, 1999, regarding the vote to adjourn the debate on the Eleventh Report of the Privileges, Standing Rules and Orders Committee, be referred to the Standing Committee on Privileges, Standing Rules and Orders.

On Wednesday, June 16, 1999, your Committee heard from Senator Murray, P.C.

Your Committee will continue its study of whether or not a question of privilege has been established. However, as an interim measure, your Committee makes the following recommendation:

That the Whips be advised that notwithstanding any Rule of the Senate, the bells to call in the Senators for a standing vote that has been requested in accordance with Rule 65(3), shall be sounded for not less than 20 minutes.

This recommendation would not apply where a standing vote immediately follows another standing vote.

Respectfully submitted,

SHIRLEY MAHEU

Chair

The Honourable Senator Maheu moved, seconded by the Honourable Senator Kroft, 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.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 3 were called and postponed until the next sitting.

Commons Public Bills

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

Private Bills

Resuming debate on the motion of the Honourable Senator Taylor, seconded by the Honourable Senator Chalifoux, for the second reading of 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.

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

The Bill was then read the second time.

The Honourable Senator Taylor moved, seconded by the Honourable Senator Chalifoux, that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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

Reports of Committees

Orders No. 1 and 2 were called and postponed until the next sitting.

Consideration of the Sixth (A) Report of the Standing Joint Committee for the Scrutiny of Regulations (approval of funds to attend the biennial conference on delegated legislation in Sydney, Australia), presented in the Senate on June 15, 1999.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Maloney, that the Report be adopted.

The question being put on the motion, it was adopted. Orders No. 4 to 6 were called and postponed until the next sitting. Resuming debate on the consideration of the Third Report of the Standing Senate Committee on Fisheries, entitled: "Privatization and Quota Licensing in Canada's Fisheries", tabled in the Senate on December 8, 1998.

After debate, The Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent) moved, seconded by the Honourable Senator Butts, that the Report be adopted.

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

Other

Order No. 74 (inquiry) 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 Prud'homme, P.C., moved, seconded by the Honourable Senator Bolduc, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 47 (inquiry), 145, 153 (motions) and 65 (inquiry) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Cohen calling the attention of the Senate to a report by the National Council of Welfare entitled, Preschool Children: Promises to Keep.

After debate, The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Prud'homme, P.C., that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 79, 82 (inquiries), 143, 127 (motions), 49, 81 (inquiries) and 114 (motion) 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 DeWare moved, seconded by the Honourable Senator Beaudoin, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 68 and 50 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Losier-Cool, calling the attention of the Senate to population, education and health, particularly for young girls and women in many developing countries.

Debate concluded. Order No. 64 (inquiry) was called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Keon calling the attention of the Senate to the present state of the Canadian health care system.

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

The question being put on the motion, it was adopted. Orders No. 61, 46 (inquiries) and 1 (motion) were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Atkins:

That there be laid before this House all documents and records concerning the possible privatization of DEVCO, including:

(a) studies, analyses, reports and other policy initiatives prepared by or for the government;

(b) documents and records that disclose all consultants who have worked on the subject and the terms of reference of the contract for each, its value and whether or not it was tendered;

(c) briefing materials for Ministers, their officials, advisors, consultants and others;

(d) minutes of departmental, inter-departmental and other meetings; and

(e) exchanges between the Department of Natural Resources, the Department of Finance, the Treasury Board, the Privy Council Office and the Office of the Leader of the Government in the Senate.

After debate, The Honourable Senator Kinsella 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. Resuming debate on the inquiry of the Honourable Senator Cools calling the attention of the Senate:

(a) to the judgment of the Supreme Court of Canada in the sexual assault case Her Majesty the Queen v. Steve Brian Ewanchuk, delivered February 25, 1999, which judgment reversed the Alberta Court of Appeal's judgment upholding the trial court's acquittal;

(b) to the intervenors in this case, being the Attorney General of Canada, Women's Legal Education and Action Fund, Disabled Women's Network Canada and Sexual Assault Centre of Edmonton;

(c) to the Supreme Court of Canada's substitution of a conviction for the acquittals of two Alberta courts;

(d) to the lengthy concurring reasons for judgment by Supreme Court of Canada Madame Justice Claire L'Heureux-Dubé, which reasons condemn the decision-making of Mr. Justice John Wesley McClung of the Alberta Court of Appeal and the decision of the majority of the Alberta Court of Appeal;

(e) to Mr. Justice John Wesley McClung's letter published in the National Post on February 26, 1999, reacting to Madame Justice L'Heureux-Dubé's statements about him contained in her concurring reasons for judgement;

(f) to the nation-wide, extensive commentary and public discussion on the matter; and

(g) to the issues of judicial activism and judicial independence in Canada today.

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

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

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.

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Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Pearson substituted for that of the Honourable Senator Watt (June 15).

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Chalifoux substituted for that of the Honourable Senator Fitzpatrick (June 16).

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