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Journals of the Senate

49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament


Issue 48

Wednesday, April 12, 2000
1:30 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, Eyton, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Perry (Poirier), Poulin (Charette), Poy, 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, 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, Eyton, Fairbairn, Finnerty, Forrestall, 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, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Perry (Poirier), Poulin (Charette), Poy, *Prud'homme, 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.

DAILY ROUTINE OF BUSINESS

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-23, An Act to modernize the Statutes of Canada in relation to benefits and obligations, 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 Banks, that the Bill be placed on the Orders of the Day for a second reading on Friday next, April 14, 2000.

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

Introduction and First Reading of Senate Public Bills

The Honourable Senator Forrestall presented a Bill S-21, An Act to protect heritage lighthouses.

The Bill was read the first time.

The Honourable Senator Forrestall moved, seconded by the Honourable Senator Roberge, that the Bill be placed on the Orders of the Day for a second reading on Tuesday, May 2, 2000.

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

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Rompkey, P.C., tabled the following:

Fifth Report of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meetings of the NATO Parliamentary Assembly Defence and Security Committee, the Economic Committee and the Political Committee, held in Brussels, Belgium, and Paris, France, from February 20 to 23, 2000.-Sessional Paper No. 2/36-325.

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, With leave of the Senate, In amendment, the Honourable Senator Sparrow moved, seconded by the Honourable Senator DeWare, that Section 3 of the Bill be amended by adding the word "not" following the word "is".

The amended Section 3 will therefore read:

"3. The Nisga'a Final Agreement is not a treaty and a land claims agreement within the meaning of Sections 25 and 35 of the Constitution Act, 1982."

After debate, With leave of the Senate, In amendment, the Honourable Senator Sparrow moved, seconded by the Honourable Senator DeWare, that Section 27 of the Bill be amended by adding the following:

"which day shall not be earlier than the date upon which the Supreme Court of Canada pronounces on the validity of the Nisga'a Agreement."
The amended Section 27 will therefore read:
"The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council, which day shall not be earlier than the date upon which the Supreme Court of Canada pronounces on the validity of the Nisga'a Agreement."
Debate.

 _____________________________________________

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

That all Senate Committees scheduled to sit at 3:30 p.m. today have power to sit while the Senate is sitting, and that Rule 95(4) be suspended in relation thereto.

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

The Senate resumed the 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 motions in amendment of the Honourable Senators St. Germain, P.C., and Sparrow.

After debate, The Honourable Senator Kinsella for the Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator DeWare, that further debate on the motions in amendment 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 of the Auditor General of Canada to the House of Commons (Volume I-April 2000), pursuant to the Act to amend the Auditor General Act (reports), S.C. 1994, c. 32, s. 2. -Sessional Paper No. 2/36-323.

Report on Corporations for the year 1997, pursuant to An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts, S.C. 1998, c. 26, s. 68. -Sessional Paper No. 2/36-324.

ADJOURNMENT

Pursuant to the Order adopted by the Senate yesterday, the Senate adjourned.

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