48 Elizabeth II, A.D. 1999, Canada

Journals of the Senate

2nd Session, 36th Parliament

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Issue 17

Tuesday, December 7, 1999
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Bacon, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rossiter, Ruck, St. Germain, Sparrow, Spivak, Stollery, Taylor, Tkachuk, Watt, Wilson

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Atkins, Bacon, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rossiter, Ruck, St. Germain, Sparrow, Spivak, Stollery, 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 Hervieux-Payette, P.C., a member of the Standing Senate Committee on Banking, Trade and Commerce, presented its Second Report (Bill S-3, An Act to implement an agreement, conventions and protocols between Canada and Kyrgyzstan, Lebanon, Algeria, Bulgaria, Portugal, Uzbekistan, Jordan, Japan and Luxembourg for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income) without amendment.

Pursuant to the Order adopted by the Senate on November 24, 1999, and notwithstanding Rule 97(4), the Bill was referred to the Standing Senate Committee on Foreign Affairs. The Honourable Senator Kirby presented the following:

TUESDAY, December 7, 1999

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

FOURTH REPORT

Your Committee, to which was referred Bill C-6, an Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act, in obedience to the Order of Reference of Monday, December 6, 1999, has examined the said Bill and now reports the same with the following amendments:

1. Page 3, Clause 2: Add the following after line 2:

""Personal health information", with respect to an individual, whether living or deceased means:

(a) information concerning the physical or mental health of the individual;

(b) information concerning any health service provided to the individual;

(c) information concerning the donation by the individual of any body part or any bodily substance of the individual or information derived from the testing or examination of a body part or bodily substance of the individual;

(d) information that is collected in the course of providing health services to the individual; or

(e) information that is collected incidentally to the provision of health services to the individual.".

2. Page 23, Clause 30:

(a) Add the following after line 4:

"(1.1) This Part does not apply to any organization in respect of personal health information that it collects, uses or discloses"; and

(b) Add the following after line 7:

"(2.1) Subsection (1.1) ceases to have effect one year after the day on which this section comes into force.".

Respectfully submitted,

MICHAEL KIRBY

Chairman

With leave of the Senate, The Honourable Senator Kirby moved, seconded by the Honourable Senator Poy, 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.

Government Notices of Motions

With leave of the Senate, The Honourable Senator Hays moved, seconded by the Honourable Senator Gauthier:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, December 8, 1999, at 1:30 p.m.;

That at 3:30 p.m. tomorrow, if the business of the Senate has not been completed, the Speaker shall interrupt the proceedings to adjourn the Senate; and

That all matters on the Orders of the Day and on the Notice Paper, which have not been reached, shall retain their position.

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

Presentation of Reports from Inter-Parliamentary Delegations

The Honourable Senator Grafstein tabled the following:

Report of the Canadian Section of the Canada-United States Inter-Parliamentary Group, respecting its participation at the Fall Conference of the Can/Am Border Trade Alliance, held in Washington, D.C., from September 12 to 14, 1999.-Sessional Paper No. 2/36-190.

Notices of Motions

With leave of the Senate, The Honourable Senator Boudreau, P.C., moved, seconded by the Honourable Senator Lynch-Staunton:

That the Senate desires to record their deep appreciation of the distinguished service rendered by Mr. Richard G. Greene as Deputy Clerk and Principal Clerk, Legislative Services of the Senate; and

That in acknowledgement of the dignity, dedication and profound learning with which he has graced the office, he be designated an Honorary Officer of this House with an entrée to the Senate and a seat at the Table on occasions of ceremony.

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

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A Point of Order was raised as to the acceptability of the presentation of the Second Report of Standing Senate Committee on Banking, Trade and Commerce (Bill S-3) and of the intervention of the Speaker concerning the referral of the Bill to the Standing Senate Committee on Foreign Affairs.

After debate, The Speaker reserved his decision.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Reports of Committees

Consideration of the Fourth Report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill C-6, An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act, with amendments) presented earlier today.

The Honourable Senator Kirby moved, seconded by the Honourable Senator Christensen, that the Report be adopted.

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

The Honourable Senator Kirby moved, seconded by the Honourable Senator Carstairs, that the Bill, as amended, 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.

Motions

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

Reports of Committees

Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Chalifoux, for the adoption of the Second Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-7, An Act to amend the Criminal Records Act and to amend another Act in consequence, with amendments) presented in the Senate on November 30, 1999.

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

The Honourable Senator Fraser moved, seconded by the Honourable Senator Ruck, that the Bill, as amended, 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. Order No. 2 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 9 were called and postponed until the next sitting.

Commons Public Bills

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

Private Bills

Second reading of Bill S-14, An Act to amend the Act of incorporation of the Board of Elders of the Canadian District of the Moravian Church in America.

The Honourable Senator Taylor moved, seconded by the Honourable Senator Poy, 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 Taylor moved, seconded by the Honourable Senator Poy, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

After debate, In amendment, the Honourable Senator Corbin moved, seconded by the Honourable Senator Ferretti Barth, that the Bill be not sent to Committee but that it be placed on the Orders of the Day for a third reading at the next sitting.

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

Reports of Committees

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

Other

Orders No. 22 (motion), 9 (inquiry), 33 and 5 (motions) were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Spivak, seconded by the Honourable Senator Cochrane:

That the Standing Senate Committee on Energy, the Environment, and Natural Resources have power to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it; and

That the Committee have power to adjourn from place to place within and outside Canada for the purpose of such studies.

After debate, With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:

That the Standing Senate Committee on Energy, the Environment, and Natural Resources have power to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it; and

That the Committee have power to adjourn from place to place within Canada for the purpose of such studies.

The question being put on the motion, as modified, it was adopted. Orders No. 8, 7, 6, and 2 (inquiries) were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Nolin moved, seconded by the Honourable Senator Cohen:

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 specific needs of various regions of the country, where social problems associated with the trafficking and use of illegal drugs are more in evidence, to develop proposals to disseminate information about Canada's anti-drug policy and, finally, to make recommendations for 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 on 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 drugs 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 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 and other related treaties in order to determine whether these treaties authorize it to take action other than laying criminal charges and imposing sentences at the international level;

- explore the effects of cannabis on health and examine whether alternative policy on cannabis would lead to increased harm 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 done in other jurisdictions;

- 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 five Senators and that three 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 the Senate Rules; and

That the Committee submit its final report not later than three years from the date of its being constituted.

After debate, The Honourable Senator Kenny moved, seconded by the Honourable Senator Bacon, 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 Comeau moved, seconded by the Honourable Senator Lynch-Staunton:

That the Standing Senate Committee on Fisheries be authorized to examine and report upon the matters relating to the fishing industry;

That the Committee report no later than December 12, 2000; and

That the Committee be permitted, notwithstanding usual practices, to deposit its report with the Clerk of the Senate, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Chamber.

After debate, The question being put on the motion, it was adopted. The Honourable Senator Comeau moved, seconded by the Honourable Senator Bolduc:

That the Standing Senate Committee on Fisheries be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.

The question being put on the motion, it was adopted. The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin:

That the Standing Senate Committee on Fisheries have power to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.

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

The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu:

That the Standing Senate Committee on Transport and Communications be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.

After debate, The question being put on the motion, it was adopted. The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu:

That the Standing Senate Committee on Transport and Communications have power to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.

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

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

Report of the Columbia River Treaty Permanent Engineering Board to the Governments of the United States and Canada, dated September 30, 1997.-Sessional Paper No. 2/36-185.

Report of operations under the Export and Import Permits Act for the year 1998, pursuant to the Act, R.S.C. 1985, c. E-19, s. 27.-Sessional Paper No. 2/36-186.

Reports of the Department of Human Resources Development 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. 2/36-187.

Report of the Canada Millennium Scholarship Foundation, together with the Auditors' Report, for the year 1998, pursuant to the Budget Implementation Act 1998, S.C. 1998, c. 21, sbs. 38(2).-Sessional Paper No. 2/36-188.

Report of the Canada Pension Plan, together with the Auditor General's Report, for the fiscal year ended March 31, 1998, pursuant to the Act to amend the Canada Pension Plan, R.S.C. 1985, c. C-8, s. 117.-Sessional Paper No. 2/36-189.

ADJOURNMENT

The Honourable Senator Hays 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 Social Affairs, Science and Tech nology

The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Poulin (December 6).

The names of the Honourable Senators Callbeck and Carstairs substituted for those of the Honourable Senators Carstairs and Finestone (December 7).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Fairbairn (December 6).

Standing Senate Committee on Foreign Affairs

The names of the Honourable Senators Finnerty and Perry (Poirier) substituted for those of the Honourable Senators De Bané and Losier-Cool (December 7).

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