49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament

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Issue 49

Thursday, April 13, 2000
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Banks, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, DeWare, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, 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, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin (Charette), Poy, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Sibbeston, Simard, Sparrow, Spivak, Stollery, Stratton, Taylor, 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, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, *De Bané, DeWare, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, *Grafstein, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, *Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin (Charette), Poy, *Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Sibbeston, Simard, Sparrow, Spivak, Stollery, Stratton, Taylor, Watt, Wiebe, *Wilson, ,

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Austin, P.C., Chair of the Standing Committee on Privileges, Standing Rules and Orders, presented its Fourth Report (Questions of Privilege of Honourable Senators Andreychuk and Bacon).

(The Report is printed as Appendix "A")

The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Perry (Poirier), 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 Austin, P.C., Chair of the Standing Committee on Privileges, Standing Rules and Orders, presented its Fifth Report (Question of Privilege of Honourable Senator Kinsella).

(The Report is printed as Appendix "B")

The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Ruck, 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 Milne, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Fifth Report (Bill C-2, An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts) without amendment.

The Honourable Senator Milne moved, seconded by the Honourable Senator Furey, that the Bill 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.

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;

And on the motion in amendment of the Honourable Senator Sparrow, 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.",

And on the motion in amendment of the Honourable Senator Sparrow, 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."

After debate, Pursuant to the Order adopted on April 11, 2000, the question being put 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, it was negatived on the following division:

YEAS

The Honourable Senators

Andreychuk , Atkins, Beaudoin, Berntson, Bolduc, Buchanan, Carney, Cochrane, Cogger, Cohen, Comeau, DeWare, Doody, Forrestall, Grimard, Johnson, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Roberge, Robertson, Rossiter, St. Germain, Simard, Sparrow, Spivak, Stratton-32

NAYS

The Honourable Senators

Adams, Austin, Bacon, Banks, Boudreau, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hervieux-Payette, Joyal, Kenny, Kroft, Losier-Cool, Maheu, Mahovlich, Mercier, Milne, Pearson, Pépin, Perrault, Perry (Poirier), Poulin, Poy, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Ruck, Sibbeston, Stollery, Taylor, Watt, Wiebe-47, ,

ABSTENTIONS

The Honourable Senators

Pitfield, Rivest-2

The question was put on the motion in amendment of the Honourable Senator Sparrow, 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."

The motion in amendment was negatived on the following division:

YEAS

The Honourable Senators

Simard, Sparrow-2

NAYS

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Banks, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cohen, Comeau, Cook, Cools, Corbin, Doody, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Murray, Nolin, Pearson, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin, Poy, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey , Rossiter, Ruck, St. Germain, Sibbeston, Spivak, Stollery, Stratton, Taylor, Watt, Wiebe-74,

ABSTENTIONS

The Honourable Senators

Cogger, DeWare, Rivest, Roberge-4

The question was put on the motion in amendment of the Honourable Senator Sparrow, 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."

The motion in amendment was negatived on the following division:

YEAS

The Honourable Senators

Atkins, Buchanan, Carney, Cogger, Cohen, Comeau, DeWare, Doody, Forrestall, Grimard, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Roberge, Robertson, Rossiter, Simard, Sparrow, Stratton-24

NAYS

The Honourable Senators

Adams, Andreychuk, Austin, Bacon, Banks, Beaudoin, Bolduc, Boudreau, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hervieux-Payette, Johnson, Kenny, Kroft, Losier-Cool, Maheu, Mahovlich, Mercier, Milne, Pearson, Pépin, Perrault, Perry (Poirier), Poulin, Poy, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Ruck, Sibbeston, Spivak, Stollery, Taylor, Watt, Wiebe-51,

ABSTENTIONS

The Honourable Senators

Berntson, Joyal, Pitfield, Rivest, St. Germain-5

The question then being put 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, it was adopted on the following division:

YEAS

The Honourable Senators

Adams, Austin, Bacon, Banks, Boudreau, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hervieux-Payette, Johnson, Joyal, Kenny, Kroft, LeBreton, Losier-Cool, Maheu, Mahovlich, Mercier, Milne, Pearson, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin, Poy, Rivest, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Ruck, Sibbeston, Spivak, Stollery, Taylor, Watt, Wiebe-52

NAYS

The Honourable Senators

Atkins, Berntson, Buchanan, Cogger, Comeau, DeWare, Forrestall, Grimard, Keon, Kinsella, Lynch-Staunton, Robertson, Rossiter, Simard, Sparrow-15

ABSTENTIONS

The Honourable Senators

Andreychuk, Beaudoin, Bolduc, Carney, Cohen, Doody, Kelleher, Meighen, Murray, Nolin, Roberge, St. Germain, Stratton-13

Accordingly, the Bill was 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.

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

April 13, 2000

Mr. Speaker:

I have the honour to inform you that the Right Honourable Adrienne Clarkson, Governor General of Canada, will proceed to the Senate Chamber today, the 13th day of April, 2000, at 6:00 p.m. for the purpose of giving Royal Assent to certain bills of law (C-6, C-9 and C-13).

Yours sincerely,

Judith A. LaRocque

Secretary to the Governor General

The Honourable The Speaker of the Senate Ottawa

Bills

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 Hays for the Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), 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 5 were called and postponed until the next sitting.

Second reading of Bill S-11, An Act to amend the Criminal Code to prohibit coercion in medical procedures that offend a person's religion or belief that human life is inviolable.

The Honourable Senator Perrault, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., that the Bill be read the second time.

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

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

Orders No. 7 and 8 were called and postponed until the next sitting.

Commons Public Bills

Order No. 1 was called and postponed until the next sitting.

Order No. 2 was called and postponed until the next sitting in the name of the Honourable Senator Rompkey, P.C.

Reports of Committees

Resuming debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent), for the adoption 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.

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

Resuming debate on the consideration of the Fourth Report of the Standing Senate Committee on Foreign Affairs entitled: "Europe Revisited: Consequences of Increased European Integration For Canada", tabled in the Senate on November 17, 1999.

Debate concluded.

Orders No. 3 to 5 were called and postponed until the next sitting.

Other

Orders No. 14, 17 (inquiries), 7, 61 (motions), 6, 19, 12, 9, 18, 16 and 13 (inquiries) were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Forrestall called the attention of the Senate to the need for Canada to join the United States in National Missile Defense.

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

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 Bacon:

That when the Senate adjourns today, it do stand adjourned until Tuesday, May 2, 2000, at 2:00 p.m.

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

ROYAL ASSENT

The Senate adjourned during pleasure to await the arrival of Her Excellency the Governor General.

After awhile, Her Excellency the Governor General, having come and being seated on 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 pleasure of Her Excellency the Governor General that they attend her immediately in the Senate Chamber."

The House of Commons being come,

One of the Clerks at the Table then read the titles of the Bills to be assented to as follows:

An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act (Bill C-6, Chapter 5, 2000)

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 (Bill C-13, Chapter 6, 2000)

An Act to give effect to the Nisga'a Final Agreement (Bill C-9, Chapter 7, 2000).

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-

"In Her Majesty's name, Her Excellency the Governor General doth assent to these Bills."

6:12 p.m.

The Commons withdrew.

After which Her Excellency the Governor General was pleased to retire.

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

Lists of various international agreements which entered into force for Canada during 1998 (together with copies of the Agreements).-Sessional Paper No. 2/36-326.

Report concerning permits issued by the Minister of Citizenship and Immigration for the year 1999, pursuant to the Immigration Act, R.S.C. 1985, c. I-2, sbs. 37(7).-Sessional Paper No. 2/36-327.

Report of the Military Police Complaints Commission for the period December 1 to 31, 1999, pursuant to the Act to amend the National Defence Act and to make consequential amendments to other Acts, S.C. 1998, c. 35, sbs. 250.17(2).-Sessional Paper No. 2/36-328.

Report of the Aboriginal Healing Foundation for the year 1999.-Sessional Paper No. 2/36-329.

Document entitled "Yukon Land Claims Agreement: Annual Review" for 1996-97.-Sessional Paper No. 2/36-330.

Document entitled "Yukon Land Claims Agreement: Annual Review" for 1997-98.-Sessional Paper No. 2/36-331.

Report of the Implementation Committee on the Sahtu Dene and Metis Comprehensive Land Claim Agreement for the fiscal year ended March 31, 1999.-Sessional Paper No. 2/36-332.

ADJOURNMENT

The Honourable Senator Hays moved, seconded by the Honourable Senator Austin, 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 Legal and Constitutional Affairs

The names of the Honourable Senators Banks, Pépin and Christensen substituted for those of the Honourable Senators Poy, Banks and Pépin (April 12).

The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Christensen (April 13).

Standing Senate Committee on Agriculture and Forestry

The names of the Honourable Senators Banks and Wiebe substituted for those of the Honourable Senators Fitzpatrick and Ferretti Barth (April 13).

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