Journals of the Senate
49 Elizabeth II, A.D. 2000, Canada
Journals of the Senate
2nd Session, 36th Parliament
Issue 47
Tuesday, April 11, 2000
2:00 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, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, DeWare, Doody, Fairbairn, Finnerty, Fraser, Furey, Gauthier, Gill, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pépin, Perrault, Perry (Poirier), Poulin (Charette), Poy, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, St. Germain, Simard, Sparrow, Spivak, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe,
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, *Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, *De Bané, DeWare, Doody, Fairbairn, Finnerty, Fraser, Furey, Gauthier, Gill, *Grafstein, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, *Kirby, *Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pépin, Perrault, Perry (Poirier), Poulin (Charette), Poy, *Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, St. Germain, Simard, Sparrow, Spivak, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe, *Wilson,
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.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 Andreychuk moved, seconded by the Honourable Senator LeBreton, that further debate on the motion in amendment 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 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 Kinsella for the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
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
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 Taylor 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.
Reports of Committees
Consideration of the Eighth Report of the Standing Committee on Internal Economy, Budgets and Administration (Accessibility for Persons with Disabilities) presented in the Senate on April 10, 2000.The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent), that the Report be adopted.
After debate, The Honourable Senator Hays for the Honourable Senator Carstairs moved, seconded by the Honourable Senator Callbeck, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted. Orders No. 2 to 5 were called and postponed until the next sitting.
Other
Orders No. 6, 19 and 12 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Atkins calling the attention of the Senate to the financing of post-secondary education in Canada and particularly that portion of the financing that is borne by students, with a view to developing policies that will address and alleviate the debt load which post-secondary students are being burdened with in Canada.After debate, The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Cochrane, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted. Orders No. 9 and 18 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Lynch-Staunton calling the attention of the Senate to the Budget presented by the Minister of Finance in the House of Commons on February 28, 2000.
After debate, The Honourable Senator DeWare moved, seconded by the Honourable Senator Cohen, that further debate on the inquiry 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 Spivak, seconded by the Honourable Senator Andreychuk:
That the Standing Senate Committee on Energy, the Environment and Natural Resources begin immediately a review of the Canadian Environmental Protection Act as unanimously recommended in the Committee's Seventh Report dated September 8, 1999, and tabled in the Senate the following day.
After debate, With leave of the Senate and pursuant to Rule 30, the motion was withdrawn. Orders No. 16, 13 (inquiries) and 7 (motion) were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Nolin, 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 question being put on the motion, it was adopted. Ordered, That Order No. 7 (motion) be again called.
Resuming debate on the motion of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Kinsella:
That a Special Committee of the Senate be appointed to examine and report on two significant matters which involve the conduct of chain of command of the Canadian Forces, both in-theatre and at National Defence Headquarters and its response to operational, decision making and administrative problems encountered during the Somalia deployment to the extent that these matters have not been examined by the Commission of Inquiry into the Deployment of Canadian Forces to Somalia and allegations that Canadian soldiers were exposed to toxic substances in Croatia between 1993 and 1995, and the alleged destruction of medical records of personnel serving in Croatia;
That the Committee in examining these issues may call witnesses from whom it believes it may obtain evidence relevant to these matters including but not limited to :
1. The present Minister of Defence in relation to both matters;
2. Former Ministers of National Defence in relation to both matters;
3. The then Deputy Minister of National Defence in relation to both matters;
4. The then Acting Chief of Staff of the Minister of National Defence in relation to the Somalia occurrence;
5. The then special advisor to the Minister of National Defence (M. Campbell) in relation to the Somalia occurrence;
6. The then special advisor to the Minister of National Defence (J. Dixon) in relation to the Somalia occurrence;
7. The persons occupying the position of Judge Advocate General during the relevant period in relation to the Somalia occurrence;
8. The then Deputy Judge Advocate General (litigation) in relation to the Somalia occurrence; and
9. The then Chief of Defence Staff and Deputy Chief of Defence Staff in relation to both occurrences.
That seven Senators, nominated by the Committee of Selection act as members of the Special Committee, and that three members constitute a quorum;
That the Committee have power to send for persons, papers and records, to examine witnesses under oath, to report from time to time and to print such papers and evidence from day to day as may be ordered by the Committee;
That the Committee have power to authorize television and radio broadcasting, as it deems appropriate, of any or all of its proceedings;
That the Committee have the power to engage the services of such counsel and other professional, technical, clerical and other personnel as may be necessary for the purposes of its examination;
That the political parties represented on the Special Committee be granted allocations for expert assistance with the work of the Committee;
That it be empowered to adjourn from place to place within and outside Canada;
That the Committee have the power to sit during sittings and adjournments of the Senate;
That the Committee submit its report not later than one year from the date of it being constituted, provided that, if the Senate is not sitting, the report will be deemed submitted on the day such report is deposited with the Clerk of 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.
MOTIONS
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella:That upon committal of Bill C-20 to committee, the committee be instructed to amend Bill C-20 to rank the Senate of Canada as an equal partner with the House of Commons, and report back accordingly.
A Point of Order was raised as to the acceptability of the motion.
After debate, The Speaker reserved his decision.
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Pursuant to Rule 38, the Honourable Senator Hays moved, seconded by the Honourable Senator Kinsella:That, in relation to Bill C-9, An Act to give effect to the Nisga'a Final Agreement, no later than 3:15 p.m. Thursday, April 13, 2000, any proceedings before the Senate shall be interrupted and all questions necessary to dispose of third reading of the Bill shall be put forthwith without further debate or amendment, and that any votes on any of those questions be not further deferred; and
That if a standing vote is requested, the bells to call in the Senators be sounded for fifteen minutes, so that the vote takes place at 3:30 p.m.
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 Robichaud, P.C. (Saint-Louis-de-Kent):
That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, April 12, 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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Royal Canadian Mint, together with the Auditor General's report, for the year 1999, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional Paper No. 2/36-321.Report on the James Bay and Northern Quebec Agreement and on the Northeastern Quebec Agreement "Cree-Inuit-Naskapi" for the year 1998, pursuant to the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32, s. 10.-Sessional Paper No. 2/36-322.
ADJOURNMENT
The Honourable Senator Hays moved, seconded by the Honourable Senator Bacon: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 Joint Committee on Official LanguagesThe name of the Honourable Senator Maheu substituted for that of the Honourable Senator Fraser (April 4).
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Maheu (April 10).
The name of the Honourable Senator Perry (Poirier) substituted for that of the Honourable Senator Fraser (April 11).
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Milne, Corbin, Gill and Pépin substituted for those of the Honourable Senators Pépin, Gill, Mahovlich and Robichaud (Saint-Louis-de-Kent) (April 10).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Furey and Maheu substituted for those of the Honourable Senators Kirby and Finestone (April 10).
The name of the Honourable Senator Maheu substituted for that of the Honourable Senator Hervieux-Payette (April 11).