49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament

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Issue 24

Tuesday, February 8, 2000
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, Bacon, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fraser, Furey, Gauthier, Ghitter, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Joyal, Kelleher, Kelly, Keon, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Roberge, Robertson, Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Sibbeston, Simard, Sparrow, Spivak, Stollery, Stratton, Taylor, Tkachuk, Watt

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, *Eyton, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fraser, Furey, Gauthier, Ghitter, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Joyal, Kelleher, Kelly, *Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Roberge, Robertson, Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Sibbeston, Simard, 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 Nisga'a Final Agreement and related Appendices. -Sessional Paper No. 2/36-252.

The Nisga'a Nation Taxation Agreement.-Sessional Paper No. 2/36-253.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Comeau presented the following:

TUESDAY, February 8, 2000

The Standing Senate Committee on Fisheries has the honour to present its

SECOND REPORT

Your Committee, which was authorized by the Senate on December 7, 1999, to examine and report upon the matters relating to the fishing industry and to present its report no later than December 12, 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 Canada for the purpose of its examination.

The budget was considered by the Standing Senate Committee on Internal Economy, Budgets and Administration on Thursday, December 9, 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,

GERALD J COMEAU

Chair

The Honourable Senator Comeau moved, seconded by the Honourable Senator Beaudoin, 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.

Government Notices of Motions

With leave of the Senate, The Honourable Senator Hays moved, seconded by the Honourable Senator Joyal, P.C.:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, February 9, 2000, 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;

That should a division be deferred until 5:30 p.m. tomorrow, the Speaker shall interrupt the proceedings at 3:30 p.m. to suspend the sitting until 5:30 p.m. for the taking of the deferred division; 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.

First Reading of Commons Public Bills

A Message was brought from the House of Commons with a Bill C-202, An Act to amend the Criminal Code (flight), to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Hays moved, seconded by the Honourable Senator Gauthier, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, February 10, 2000.

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

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the second reading of Bill C-9, An Act to give effect to the Nisga'a Final Agreement.

After debate, The Honourable Senator Kinsella for the Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Lynch-Staunton, 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

Consideration of the Third Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-10, An Act to amend the National Defence Act, the DNA Identification Act and the Criminal Code, with amendments) presented in the Senate on December 16, 1999.

The Honourable Senator Milne moved, seconded by the Honourable Senator Finnerty, that the Report be adopted.

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

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

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 3 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Kinsella, for the second reading of Bill S-7, An Act respecting the declaration of Royal Assent by the Governor General in the Queen's name to bills passed by the Houses of Parliament.

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

The question being put on the motion, it was adopted. Orders No. 5 to 8 were called and postponed until the next sitting. Second reading of Bill S-9, An Act to amend the Criminal Code (abuse of process).

The Honourable Senator Cools moved, seconded by the Honourable Senator Milne, that the Bill be read the second time.

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

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

Order No. 10 (Bill S-11) was called and pursuant to Rule 27(3) was dropped from the Order Paper.

Commons Public Bills

Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Watt, for the second reading of Bill C-247, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (cumulative sentences).

After debate, The Honourable Senator Di Nino moved, seconded by the Honourable Senator Keon, 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

Orders No. 1 to 4 were called and postponed until the next sitting.

Other

Orders No. 12, 1 (inquiries) and 4 (motion) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Wilson calling the attention of the Senate to religious freedom in China, in relation to the UN international covenants.

After debate, The Honourable Senator Kinsella for the Honourable Senator Andreychuk 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. Orders No. 11 (inquiry), 5 (motion), 8 and 7 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Cools calling the attention of the Senate:

(a) to persons of Canadian birth who sat as members of the House of Commons of the United Kingdom, including Ontario-born Edward Blake, Liberal Minister of Justice of Canada 1875-1877 also Leader of the Liberal Party of Canada 1880-1887, and New-Brunswick born the Right Honourable Bonar Law, Prime Minister of the United Kingdom 1922-1923, and Ontario-born Sir Bryant Irvine, Deputy Speaker of the House of Commons of the United Kingdom 1976-1982;

(b) to persons of Canadian birth who sat as members of the House of Lords of the United Kingdom, including the Right Honourable Richard B. Bennett, Prime Minster of Canada 1930-1935, and Lord Beaverbrook, Cabinet Minister in the United Kingdom in 1918 and 1940-1942;

(c) to persons of British birth born in the United Kingdom or the Dominions and Colonies who have served in the Senate and the House of Commons of Canada including the Right Honourable John Turner, Prime Minister of Canada 1984 also Liberal Leader of the Opposition l984-1990 and myself, a sitting black female Senator born in the British West Indies;

(d) to persons of Canadian citizenship who were members of the Privy Council of the United Kingdom including the Prime Ministers of Canada, the Supreme Court of Canada Chief Justices, and some Cabinet Ministers of Canada including the Leader of the Government in the Senate 1921-1930 and 1935-1942 the Right Honourable Senator Raoul Dandurand appointed to the United Kingdom Privy Council in 1941;

(e) to the 1919 Nickle Resolution, a motion of only the House of Commons of Canada for an address to His Majesty King George V and to Prime Minister R.B. Bennett's 1934 words in the House of Commons characterizing this Resolution, that:

"That was as ineffective in law as it is possible for any group of words to be. It was not only ineffective, but I am sorry to say, it was an affront to the sovereign himself. Every constitutional lawyer, or anyone who has taken the trouble to study this matter realizes that that is what was done.";

(f) to the words of Prime Minister R.B. Bennett in a 1934 letter to J.R. MacNicol, MP that:

"So long as I remain a citizen of the British Empire and a loyal subject of the King, I do not propose to do otherwise than assume the prerogative rights of the Sovereign to recognize the services of his subjects." ;

(g) to the many distinguished Canadians who have received honours since 1919 from the King or Queen of Canada including the knighting in 1934 of Sir Lyman Duff, Supreme Court of Canada Chief Justice, and in 1935 of Sir Ernest MacMillan, musician, and in 1986 of Sir Bryant Irvine, parliamentarian, and in 1994 of Sir Neil Shaw, industrialist, and in 1994 of Sir Conrad Swan, advisor to Prime Minister Lester Pearson on the National Flag of Canada;

(h) to the many distinguished Canadians who have received 646 orders and distinctions from foreign non-British, non-Canadian sovereigns between 1919 and February 1929;

(i) to the legal and constitutional position of persons of Canadian birth and citizenship, in respect of their ability and disability for their membership in the United Kingdom House of Lords and House of Commons, particularly Canadians domiciled in the United Kingdom holding dual citizenship of Canada and of the United Kingdom;

(j) to the legal and constitutional position of Canadians at home and abroad in respect of entitlement to receive honours and distinctions from their own Sovereign, Queen Elizabeth II of Canada, and to the position in respect of their entitlement to receive honours and distinctions from sovereigns other than their own, including from the sovereign of France the honour, the Ordre Royale de la Légion d'Honneur;

(k) to those honours, distinctions, and awards that are not hereditary in character such as life peerages, knighthoods, military and chivalrous orders; and

(l) to the recommendation by the United Kingdom Prime Minister Tony Blair to Her Majesty Queen Elizabeth II for the appointment to the House of Lords as a non-hereditary peer and lord of Mr. Conrad Black a distinguished Canadian, publisher, entrepreneur and also the Honorary Colonel of the Governor General's Foot Guards of Canada.

After debate, The Honourable Senator LeBreton 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.

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

Report on the Employment Equity Act (Labour) for the year 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, s. 20.-Sessional Paper No. 2/36-221.

Report on Crown Corporations and Other Corporate Interests of Canada for the year 1999, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 151(1). -Sessional Paper No. 2/36-222.

Report on the administration of the Royal Canadian Mounted Police Superannuation Account (Parts I and III) for the fiscal year ended March 31, 1999, pursuant to the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, s. 31. -Sessional Paper No. 2/36-223.

Report of the Auditor General on the examination of the Financial Statement of the Royal Canadian Mounted Police (Dependants) Pension Fund for the fiscal year ended March 31, 1999, pursuant to the Royal Canadian Mounted Police Pension Continuation Act, R.S.C., 1970, c. R-10, sbs. 55(4).-Sessional Paper No. 2/36-224.

Report of the Canadian Dairy Commission, together with the Auditor General's report, for the year ended July 31, 1999, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).-Sessional Paper No. 2/36-225.

Summaries of the Corporate Plan for 1998-99 to 2002-03 and of the Capital and Operating Budgets for 1998-99 of the Enterprise Cape Breton Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). -Sessional Paper No. 2/36-226.

Report of VIA Rail Canada Inc. for the fiscal year ended March 31, 1999, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.-Sessional Paper No. 2/36-227.

Summaries of the Corporate Plan for 1999-2000 to 2003-04 and of the Operating and Capital Budgets for 1999-2000 of the Atomic Energy of Canada Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). -Sessional Paper No. 2/36-228.

Report of the Canadian International Trade Tribunal entitled "Request for tariff relief by Albany International Canada Inc. regarding perlon monofilaments", dated December 8, 1999, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.-Sessional Paper No. 2/36-229.

Report on the administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 1999, pursuant to the Act, S.C. 1992, c. 46, s. 67.-Sessional Paper No. 2/36-230.

Report on the administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 1999, pursuant to the Act, R.S.C. 1985, c. S-24, s. 12.-Sessional Paper No. 2/36-231.

Report on Employment Equity in the Federal Public Service for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(1).-Sessional Paper No. 2/36-232.

Report on Employment Equity of the Office of the Superintendent of Financial Institutions Canada for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 2/36-233.

Report on Employment Equity of the Office of the Auditor General of Canada for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 2/36-234.

Report on Employment Equity of the Social Sciences and Humanities Research Council for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 2/36-235.

Report on Employment Equity of the Atomic Energy Control Board for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 2/36-236.

Report on Employment Equity of the National Research Council of Canada for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 2/36-237.

Report on Employment Equity of the National Energy Board for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 2/36-238.

Report on Employment Equity of the National Film Board of Canada for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 2/36-239.

Report on Employment Equity of the Statistical Survey Operations for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3). -Sessional Paper No. 2/36-240.

Report on Employment Equity of the Canadian Security Intelligence Service for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 2/36-241.

Report on Employment Equity of the Natural Sciences and Engineering Research Council of Canada for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 2/36-242.

Report on Employment Equity of the Canadian Forces Personnel Support Agency for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 2/36-243.

Report on Employment Equity of the Canadian Food Inspection Agency for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 2/36-244.

Report on Employment Equity of the Communications Security Establishment for the fiscal year ended March 31, 1999, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 2/36-245.

Report of the President of the Medical Research Council of Canada, together with the Auditor General's report, for the fiscal year ended March 31, 1999, pursuant to the Medical Research Council Act, R.S.C. 1985, c. M-4, sbs. 17(2).-Sessional Paper No. 2/36-246.

Report of the Pension Appeals Board required by the Access to Information Act for the period ended March 31, 1999, pursuant to the Act, R.S.C. 1985, c. A-1, sbs. 72(2).-Sessional Paper No. 2/36-247.

Report of the Canada Pension Plan, together with the Auditor General's report, for the fiscal year ended March 31, 1999, pursuant to the Act to amend the Canada Pension Plan, R.S.C. 1985, c. C-8, s. 117.-Sessional Paper No. 2/36-248.

Report of the Office of the Superintendent of Financial Institutions on the administration of the Pension Benefits Standards Act, 1985, for the fiscal year ended March 31, 1999, pursuant to the Act, R.S.C. 1985, c. 32 (2nd Supp.), s. 40. -Sessional Paper No. 2/36-249.

Reports of the Yukon Territory Water Board 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. 2/36-250.

Reports of the Office of the Interim Commissioner of Nunavut 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. 2/36-251.

ADJOURNMENT

The Honourable Senator Hays moved, seconded by the Honourable Senator Boudreau, 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 Social Affairs, Science and Technology

The names of the Honourable Senators Robichaud (Saint-Louis-de-Kent) and Beaudoin substituted for those of the Honourable Senators Kirby and Robertson (February 7).

The name of the Honourable Senator Robertson substituted for that of the Honourable Senator Beaudoin (February 8).

Standing Committee on Internal Economy, Budgets and Administration

The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Taylor (February 8).

Standing Committee on Privileges, Standing Rules and Orders

The name of the Honourable Senator Carstairs removed from the membership (February 8).

Committee of Selection

The name of the Honourable Senator Fairbairn substituted for that of the Honourable Senator Milne (February 8).

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