Journals of the Senate
49 Elizabeth II, A.D. 2000, Canada
Journals of the Senate
2nd Session, 36th Parliament
Issue 46
Monday, April 10, 2000
4:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Banks, Beaudoin, Berntson, Bolduc, Boudreau, Buchanan, Callbeck, Carstairs, Chalifoux, Cogger, Cohen, Comeau, Cook, Cools, Corbin, DeWare, Doody, Fairbairn, Finestone, Finnerty, Fraser, Furey, Gauthier, Graham, Grimard, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Pépin, Perry (Poirier), Pitfield, Rivest, Robertson, Robichaud, (L'Acadie-Acadia), Roche, Rossiter, Sibbeston, Spivak, Stratton, Taylor, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, *Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Berntson, Bolduc, Boudreau, Buchanan, Callbeck, Carstairs, Chalifoux, Cogger, Cohen, Comeau, Cook, Cools, Corbin, *De Bané, DeWare, Doody, Fairbairn, Finestone, Finnerty, Fraser, Furey, Gauthier, *Grafstein, Graham, Grimard, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, *Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Pépin, Perry (Poirier), Pitfield, *Prud'homme, Rivest, Robertson, Robichaud, (L'Acadie-Acadia), Roche, Rossiter, Sibbeston, Spivak, Stratton, Taylor, Watt, Wiebe, *Wilson
PRAYERS
INTRODUCTION OF SENATORS
The Honourable the Speaker informed the Senate that the Clerk of the Senate had received Certificates from the Registrar General of Canada showing that:-The Honourable John Edward Neil Wiebe and
Thomas Benjamin Banks,
respectively, had been summoned to the Senate. The Honourable the Speaker informed the Senate that there were Senators without waiting to be introduced. The Honourable Senator Wiebe was introduced between the Honourable Senator Boudreau, P.C., and the Honourable Senator Fairbairn, P.C., and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-
CANADA
Charles Gonthier (G.S.)ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
The Honourable
JOHN EDWARD NEIL WIEBE
of Swift Current, in the Province of Saskatchewan,
GREETING:KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
AT Ottawa, this seventh day of April, in the year of Our Lord two thousand and in the forty-ninth year of Our Reign.The Honourable Charles Joseph Doherty Gonthier, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Adrienne Clarkson, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.
BY COMMAND,
JOHN MANLEY
Registrar General of Canada
The Honourable Senator Wiebe came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate. The Honourable Senator Banks was introduced between the Honourable Senator Boudreau, P.C., and the Honourable Senator Taylor, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-
CANADA
Charles Gonthier (G.S.)ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
THOMAS BENJAMIN BANKS
An Officer of Our Order of Canada, of Edmonton, in the Province of Alberta,
GREETING:KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
AT Ottawa, this seventh day of April in the year of Our Lord two thousand and in the forty-ninth year of Our Reign.The Honourable Charles Joseph Doherty Gonthier, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Adrienne Clarkson, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.
BY COMMAND,
JOHN MANLEY
Registrar General of Canada
The Honourable Senator Banks came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate. The Honourable the Speaker informed the Senate that the Honourable Senators introduced today had made and subscribed the Declaration of Property Qualification required of them by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Nolin presented the following:MONDAY, April 10, 2000
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
EIGHTH REPORT
Your Committee wishes to inform the Senate that an action plan on Accessibility for Persons with Disabilities has been adopted. This action plan, which was established in close cooperation with representatives of the disabled community, includes the following achievements to date:i) On December 2nd, 1999, a Senator's Guide to Disability was tabled in the Senate;
ii) A draft Trainer's Guide was developed aimed at complimenting the Senator's Guide to Disability;
iii) A Co-ordination Office was created to implement the action plan and to ensure the continuity of this project;
iv) On February 24th, 2000, the Honourable Senator Carstairs and the Honourable Senator Robertson presented to the Committee on Internal Economy, Budgets and Administration the Senate Action Plan on Accessibility for Persons with Disabilities, which was subsequently approved by the Committee;
v) On March 30th, 2000, an Information Kit was released which included not only the Senator's Guide to Disability but also the 12 point and 16 point printed versions of the Senate Action Plan plus an audio tape and CD versions of this action plan; and
vi) Your Committee is in the process of developing a Braille version, which will be available by mid-April 2000 and will be included in the Information Kit.
Your Committee is proposing the following initiatives be implemented during the fiscal year 2000-2001:
vii) A Disability Information Kit will be finalized and sent at large by the Speaker to provincial Legislative Assemblies in addition to all our Commonwealth counterparts, inviting them to highlight their respective initiatives taken towards disabled persons;
viii) A Senate Disability Guide for staff will be developed;
ix) A series of training sessions on disability issues for managers and staff will be developed and conducted;
x) A proactive access to the Senate Internet will be also developed; and
xi) Accessibility issues will be incorporated with the Senate Intranet.
Your Committee wishes to thank Senators Carstairs and Robertson for their work on this project and recommends the adoption of this Report by the Senate.
Respectfully submitted,
PIERRE CLAUDE NOLIN
Deputy Chair
The Honourable Senator Nolin moved, seconded by the Honourable Senator Cohen, 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.
First Reading of Commons Public Bills
A Message was brought from the House of Commons with a Bill C-473, An Act to change the names of certain electoral districts, to which they desire the concurrence of the Senate.The Bill was read the first time.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Wiebe, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, April 12, 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 Gill, for the third reading of Bill C-9, An Act to give effect to the Nisga'a Final Agreement;And on the motion in amendment of the Honourable Senator St. Germain, P.C., seconded by the Honourable Senator Andreychuk, that the Bill be not now read a third time, but that it be read a third time this day six months hence.
After debate, The Honourable Senator Carstairs for the Honourable Senator Christensen moved, seconded by the Honourable Senator Wiebe, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted. Third reading of Bill C-13, An Act to establish the Canadian Institutes of Health Research, to repeal the Medical Research Council Act and to make consequential amendments to other Acts.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Banks, 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.
Resuming debate on the motion of the Honourable Senator Boudreau, P.C., seconded by the Honourable Senator Hays, for the second reading of Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference.
After debate, The Honourable Senator Carstairs for the Honourable Senator Pitfield, P.C., moved, seconded by the Honourable Senator Banks, 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 motion of the Honourable Senator Moore, seconded by the Honourable Senator Kenny, for the second reading of Bill C-10, An Act to amend the Municipal Grants Act.
After debate, The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Moore moved, seconded by the Honourable Senator Kroft, that the Bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 8 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 (A) Report of the Standing Joint Committee for the Scrutiny of Regulations (budget 2000-2001) presented in the Senate on April 7, 2000.The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Finestone, P.C. , that the Report be adopted.
The question being put on the motion, it was adopted. Orders No. 3 to 5 were called and postponed until the next sitting.
Other
Orders No. 19, 12, 14, 9, 18, 17 (inquiries), 5 (motion), 16, 13 (inquiries) and 7 (motion) 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.";
"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." ;(f) to the words of Prime Minister R.B. Bennett in a 1934 letter to J.R. MacNicol, MP that:
(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 Cools moved, seconded by the Honourable Senator Taylor, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted. Order No. 4 (motion) was called and postponed until the next sitting.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Banks: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 Transport and CommunicationsThe name of the Honourable Senator LeBreton removed from the membership (April 7).