Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
2nd Session, 36th Parliament
Issue 23
Thursday, December 16, 1999
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Boudreau, Buchanan, Carstairs, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kinsella, Kirby, Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perry (Poirier), Poulin (Charette), Poy, Prud'homme, Rivest, Roberge, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Sibbeston, Sparrow, Spivak, Stollery, Stratton, Taylor, Tkachuk, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Boudreau, Buchanan, Carstairs, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kinsella, Kirby, Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perry (Poirier), Poulin (Charette), Poy, Prud'homme, Rivest, Roberge, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Sibbeston, Sparrow, Spivak, Stollery, Stratton, Taylor, Tkachuk, Watt, *Wilson,
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Hays tabled the following:The Government's Response to the Report of the Special Senate Committee on Security and Intelligence (1999). -Sessional Paper No. 2/36-215S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kolber presented the following:THURSDAY, December 16, 1999
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
THIRD REPORT
Your Committee, which was authorized by the Senate on Tuesday, November 23, 1999, to examine and report upon the present state of the domestic and international financial system and to present its final report no later than December 31, 2000, respectfully requests that it be empowered to engage the services of such counsel and technical, clerical and other personnel as may be necessary, and to adjourn from place to place within and outside Canada for the purpose of its examination.The budget was considered by the Standing Senate Committee on Internal Economy, Budgets and Administration on December 16, 1999. In its Second Report, the Committee noted that it is undertaking a review of the budgetary situation pertaining to Senate Committees, and recommended that no more than 6/12 of the funds be released until February 10, 2000. The report was adopted by the Senate on Tuesday, December 14, 1999.
Respectfully submitted,
E. LEO KOLBER
Chairman
The Honourable Senator Kolber moved, seconded by the Honourable Senator Fitzpatrick, 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 Rompkey, P.C., Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its Third Report (appointment of Gary O'Brien as Deputy Clerk and Principal Clerk, Legislative Services).-Sessional Paper No. 2/36-216S. The Honourable Senator Milne presented the following:
THURSDAY December 16, 1999
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
THIRD REPORT
Your Committee, to which was referred Bill S-10, An Act to amend the National Defence Act, the DNA Identification Act and the Criminal Code, has, in obedience to the Order of Reference of Thursday, November 18, 1999, examined the said Bill and now reports the same with the following amendments:1. Page 9, Clause 1: add after line 19 the following:
"(3) A peace officer, or any person acting under a peace officer's direction, who is authorized to take samples of bodily substances from a person by an order under section 196.14 or 196.15 or an authorization under section 196.24 may take fingerprints from the person for the purpose of the DNA Identification Act."
2. Clause 9, page 18:
"19. (1) The portion of subsection 487.06(1) of"; and(a) Replace line 26 with the following:
"(2) Section 487.06 of the Act is amended by adding the following after subsection (2):(b) Add after line 38, the following:
(3) A peace officer, or any person acting under a peace officer's direction, who is authorized to take samples of bodily substances from a person by an order under section 487.051 or 487.052 or an authorization under section 487.055 or 487.091 may take fingerprints from the person for the purpose of the DNA Identification Act."
Respectfully submitted,
LORNA MILNE
Chair
The Honourable Senator Milne moved, seconded by the Honourable Senator Cools, 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Milne presented a Bill S-15, An Act to amend the Statistics Act and the National Archives of Canada Act (census records).The Bill was read the first time.
The Honourable Senator Milne moved, seconded by the Honourable Senator LeBreton, that the Bill be placed on the Orders of the Day for a second reading on Tuesday, February 8, 2000.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Finestone, P.C., tabled the following:Report of the Canadian Group of the Inter- Parliamentary Union respecting its participation at the 102nd Inter-Parliamentary Conference, held in Berlin, Germany, from October 9 to 16, 1999.-Sessional Paper No. 2/36-217.
Report of the Canadian Group of the Inter-Parliamentary Union respecting its participation at the 54th Session of the United Nations General Assembly, held in New York, from October 25 to 27, 1999.-Sessional Paper No. 2/36-218. The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Organization for Security and Cooperation in Europe Parliamentary Assembly Second Parliamentary Conference: "Subregional Economic Cooperation Processes in Europe faced with the new challenges", held in Nantes, France, from October 13 to 15, 1999.-Sessional Paper No. 2/36-219. The Honourable Senator Beaudoin tabled the following:
Report of the Canadian Section of the Canada-France Inter-Parliamentary Association respecting its participation at the 29th Annual Meeting, held in Montreal, Laval, Ottawa, Vancouver and Victoria, from September 8 to 15, 1999. -Sessional Paper No. 2/36-220.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-21, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2000.The Honourable Senator Cools moved, seconded by the Honourable Senator Milne, 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. Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Gauthier, for the third reading of 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.
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 to which they desire their concurrence. Second reading of Bill C-9, An Act to give effect to the Nisga'a Final Agreement.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., that the Bill be read the second time.
After debate, The Honourable Senator Kinsella for the Honourable Senator St. Germain, P.C., 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.
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The Communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
December 16, 1999Mr. Speaker:
I have the honour to inform you that the Right Honourable Antonio Lamer, Chief Justice of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 16th day of December, 1999, at 5:00 p.m. for the purpose of giving Royal Assent to certain Bills.
Yours sincerely,
Judith A. LaRocque
Secretary to the Governor General
The HonourableThe Speaker of the Senate
Ottawa
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Callbeck, for the second reading of Bill S-5, An Act to amend the Parliament of Canada Act (Parliamentary Poet Laureate).After debate, The Honourable Senator Kinsella for the Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted. Order No. 4 was called and postponed until the next sitting in the name of the Honourable Senator Grafstein. Orders No. 5 to 9 were called and postponed until the next sitting.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.Reports of Committees
Order No. 1 was called and postponed until the next sitting. Consideration of the Second Report of the Standing Joint Committee on Official Languages (bilingual nature of Canada's Capital) presented in the Senate on December 14, 1999.The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Ferretti Barth, that the Report be adopted.
After debate, The question being put on the motion, it was adopted. Consideration of the First Report of the Standing Joint Committee for the Scrutiny of Regulations (permanent order of reference), presented in the Senate on December 9, 1999.
The Honourable Senator Hervieux-Payette, P.C. moved, seconded by the Honourable Senator Gauthier, that the Report be adopted.
The question being put on the motion, it was adopted. Order No. 4 was called and postponed until the next sitting. Consideration of the Third Report of Standing Senate Committee on Transport and Communications (power to hire staff) presented in the Senate on December 15, 1999.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Fairbairn, P.C., that the Report be adopted.
The question being put on the motion, it was adopted. Orders No. 6 and 7 were called and postponed until the next sitting.
Other
Order No. 1 (inquiry) was called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Poulin calling the attention of the Senate to the decision of the Ontario Government not to adopt a recommendation to declare the proposed restructured City of Ottawa a bilingual region.Debate.
Pursuant to Rule 135(8), the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of the Right Honourable the Deputy of Her Excellency the Governor General. After awhile, the Right Honourable Antonio Lamer, Chief Justice of the Supreme Court of Canada, in his capacity as Deputy of Her Excellency the Governor General, having come and being seated at the foot of the Throne-The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-
"It is the desire of the Right Honourable the Deputy of Her Excellency the Governor General that they attend him immediately in the Senate Chamber." The House of Commons being come, The Honourable the Speaker of the Senate said-
"Honourable Members of the Senate: Members of the House of Commons:
I have the honour to inform you that Her Excellency the Governor General has been pleased to cause Letters Patent to be issued under Her Sign Manual and Signet constituting the Right Honourable Antonio Lamer, Chief Justice of the Supreme Court of Canada, her Deputy, to do in Her Excellency's name all acts on her part necessary to be done during Her Excellency's pleasure."
The said Commission was then read by one of the Clerks at the Table as follows:-
CANADA
Adrienne Clarkson (L.S.)BY HER EXCELLENCY the Right Honourable Adrienne Clarkson, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Governor General and Commander-in-Chief of Canada.
TO THE RIGHT HONOURABLE ANTONIO LAMER, Chief Justice of the Supreme Court of Canada.
GREETING:
KNOW YOU that being well assured of your loyalty, fidelity and capacity, I, the Right Honourable Adrienne Clarkson, Governor General of Canada, under and by virtue of and in pursuance of the power and authority vested in me by the Commission of Her Majesty Queen Elizabeth II, under the Great Seal of Canada, dated the twenty-eighth day of September in the year of Our Lord one thousand nine hundred and ninety-nine, constituting and appointing me to be Governor General of Canada do hereby nominate, constitute and appoint you, Antonio Lamer, to be my Deputy within Canada and in that capacity to exercise, subject to any limitations or directions from time to time expressed or given by Her Majesty, all the powers, authorities and functions vested in and of right exercisable by me as Governor General, saving and excepting the power of dissolving the Parliament of Canada.
PROVIDED ALWAYS that the appointment of my Deputy shall not affect the exercise of any such power, authority or function by me, the Right Honourable Adrienne Clarkson, in person.
AND PROVIDED ALWAYS, that you, Antonio Lamer, shall, during your continuance as my Deputy, obey all such orders and instructions as you shall from time to time receive from me.
GIVEN under my hand and seal at Ottawa, this seventh day of October in the year of Our Lord one thousand nine hundred and ninety-nine and in the forty-eighth year of Her Majesty's Reign.
BY COMMAND,
DICK SHAW
Deputy Registrar General of Canada.One of the Clerks at the table then read the title of the Bill to be assented to as follows:
An Act to implement the Agreement among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning Cooperation on the Civil International Space Station and to make related amendments to other Acts (Bill C-4, Chapter 35, 1999).
To this Bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:-
"In Her Majesty's name, the Right Honourable the Deputy of Her Excellency the Governor General doth assent to this Bill."
5:15 p.m. The Speaker of the House of Commons addressed the Right Honourable the Deputy of Her Excellency the Governor General as follows:
"May it Please Your Honour:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Honour the following Bill:
An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2000 (Bill C-21, Chapter 36, 1999),
To which Bill I humbly request Your Honour's Assent."
After one of the Clerks at the Table read the title of the Bill-
To this Bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, the Right Honourable the Deputy of Her Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to this Bill."
5:17 p.m. The Commons withdrew. After which the Right Honourable the Deputy of Her Excellency the Governor General was pleased to retire.
Other
The Senate resumed debate on the inquiry of the Honourable Senator Poulin calling the attention of the Senate to the decision of the Ontario Government not to adopt a recommendation to declare the proposed restructured City of Ottawa a bilingual region.After debate, The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Nolin, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That Order No. 7 under Reports of Committees be again called. Consideration of the Second Report of the Standing Senate Committee on Aboriginal Peoples (power to hire staff) presented in the Senate on December 15, 1999.
The Honourable Senator Hays for the Honourable Senator Watt moved, seconded by the Honourable Senator Mercier, that the Report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 4 (motion), 9 and 11 (inquiries) were called and postponed until the next sitting.Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Mercier:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report upon the state of the health care system in Canada. In particular, the Committee shall be authorized to examine:
(a) The fundamental principles on which Canada's publicly funded health care system is based;
(b) The historical development of Canada's health care system;
(c) Publicly funded health care systems in foreign jurisdictions;
(d) The pressures on and constraints of Canada's health care system; and
(e) The role of the federal government in Canada's health care system;That the Committee submit its final report no later than December 14, 2001; and
That the Committee be permitted, notwithstanding usual practices, to deposit any 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. Orders No. 5 (motion), 8, 7 and 6 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Stollery moved, seconded by the Honourable Senator Pearson:That, notwithstanding the Orders of the Senate adopted on Thursday October 14, 1999, and on Wednesday November 17, 1999, the Standing Senate Committee on Foreign Affairs which was authorized to examine and report upon the ramifications to Canada: 1. of the changed mandate of the North Atlantic Treaty Organization (NATO) and Canada's role in NATO since the demise of the Warsaw Pact, the end of the Cold War and the recent addition to membership in NATO of Hungary, Poland and the Czech Republic; and 2. of peacekeeping, with particular reference to Canada's ability to participate in it under the auspices of any international body of which Canada is a member, be empowered to present its final report no later than March 10, 2000; and
That the Committee retain all powers necessary to publicize the findings of the Committee contained in the final report until March 31, 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.
The question being put on the motion, it was adopted. The Honourable Senator Pearson for the Honourable Senator Watt moved, seconded by the Honourable Senator Mahovlich:
That, notwithstanding the Order of the Senate adopted on Wednesday, November 24, 1999, the Standing Senate Committee on Aboriginal Peoples be authorized to examine and report on the recommendations of the Royal Commission Report on Aboriginal Peoples (Sessional Paper 2/35-508.) respecting Aboriginal governance and, in particular, seek the comments of Aboriginal Peoples and of other interested parties on:
1. the new structural relationships required between Aborig inal Peoples and the federal, provincial and municipal levels of government and between the various Aboriginal communities themselves;
2. the mechanisms of implementing such new structural relationships; and
3. the models of Aboriginal self-government required to respond to the needs of Aboriginal Peoples and to complement these new structural relationships;
That the Committee be empowered to submit its final report no later than February 16, 2000, and that the Committee retain all powers necessary to publicize the findings of the Committee contained in the final report until February 29, 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.
The question being put on the motion, it was adopted. The Honourable Senator Gauthier moved, seconded by the Honourable Senator Kinsella:
That, in the opinion of the Senate of Canada, Ottawa, Canada's capital city, should be officially bilingual.
After debate, 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 Hays moved, seconded by the Honourable Senator Fairbairn, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, February 8, 2000, at 2:00 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):
Document entitled "Export of Military Goods from Canada", for the year 1998.-Sessional Paper No. 2/36-212.Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the year 1997, pursuant to the Act, S.C. 1992, c. 52, s. 28.-Sessional Paper No. 2/36-213.
Report of the National Arts Centre, together with the Auditor General's report, for the fiscal year ended March 31, 1999, pursuant to the National Arts Centre Act, R.S.C. 1985, c. N-3, sbs. 17(2).-Sessional Paper No. 2/36-214.
ADJOURNMENT
The Honourable Senator Hays moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):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 Committee on Internal Economy, Budgets and AdministrationThe name of the Honourable Senator Taylor substituted for that of the Honourable Senator Poulin (December 16).