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Journals of the Senate

49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament


Issue 69

Tuesday, June 20, 2000
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Austin, Bacon, Beaudoin, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kennedy, 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, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Setlakwe, Sibbeston, Simard, Spivak, Squires, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Austin, Bacon, Beaudoin, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kennedy, 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, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Setlakwe, Sibbeston, Simard, Spivak, Squires, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe, *Wilson,

PRAYERS

INTRODUCTION OF SENATORS

The Honourable Speaker informed the Senate that the Clerk of the Senate had received Certificates from the Registrar General of Canada showing that:-

Betty Kennedy and

Raymond C. Setlakwe,

respectively, had been summoned to the Senate. The Honourable Speaker informed the Senate that there were Senators without waiting to be introduced. The Honourable Senator Kennedy was introduced between the Honourable Senator Boudreau, P.C., and the Honourable Senator Pearson, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-

CANADA

Adrienne Clarkson (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

BETTY KENNEDY

An Officer of Our Order of Canada Of Milton, in the Province of Ontario,

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:

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.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this twentieth day of June, in the year of Our Lord two thousand and in the forty-ninth year of Our Reign.

BY COMMAND,

JOHN MANLEY

Registrar General of Canada

The Honourable Senator Kennedy 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 her seat as a Member of the Senate. The Honourable Senator Setlakwe was introduced between the Honourable Senator Boudreau, P.C., and the Honourable Senator Bacon, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-

CANADA

Adrienne Clarkson (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

RAYMOND C. SETLAKWE

Of Thetford Mines in the Province of Quebec,

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 appoint you for the Division of The Laurentides in Our Province of Quebec.

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:

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.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this twentieth day of June in the year of Our Lord two thousand and in the forty-ninth year of Our Reign.

BY COMMAND,

JOHN MANLEY

Registrar General of Canada

The Honourable Senator Setlakwe 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 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.

 _________________________________________

Tribute was paid to the Honourable Senator Kelly, who will retire from the Senate on July 21, 2000.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Murray, P.C., Chair of the Standing Senate Committee on National Finance, presented its Eighth Report (Interim) (Main Estimates 2000-2001).

(The Report is printed as an Appendix)

The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Oliver, 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.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

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

The Honourable Senator Hays moved, seconded by the Honourable Senator Graham, P.C., that the Bill be read the third time.

A Point of Order was raised as to the acceptability of the Bill.

After debate, The Speaker reserved his decision.

With leave, The Senate proceeded to the debate on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Graham, P.C., for the third reading of Bill C-20.

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

The question being put on the motion, it was adopted. Third reading of Bill C-26, An Act to amend the Canada Transportation Act, the Competition Act, the Competition Tribunal Act and the Air Canada Public Participation Act and to amend another Act in consequence.

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

After debate, 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. Orders No. 4 to 8 were called and postponed until the next sitting.

Second reading of Bill C-5, An Act to establish the Canadian Tourism Commission.

The Honourable Senator Callbeck moved, seconded by the Honourable Senator Cook, that the Bill be read the second time.

After debate, The Honourable Senator Kinsella for the Honourable Senator LeBreton 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. Second reading of Bill C-24, An Act to amend the Excise Tax Act, a related Act, the Bankruptcy and Insolvency Act, the Budget Implementation Act, 1997, the Budget Implementation Act, 1998, the Budget Implementation Act, 1999, the Canada Pension Plan, the Companies' Creditors Arrangement Act, the Cultural Property Export and Import Act, the Customs Act, the Customs Tariff, the Employment Insurance Act, the Excise Act, the Income Tax Act, the Tax Court of Canada Act and the Unemployment Insurance Act.

The Honourable Senator Kolber moved, seconded by the Honourable Senator Bacon, that the Bill be read the second time.

After debate, The Honourable Senator Kinsella for the Honourable Senator Stratton moved, seconded by the Honourable Senator Bolduc, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. Second reading of Bill C-19, An Act respecting genocide, crimes against humanity and war crimes and to implement the Rome Statute of the International Criminal Court, and to make consequential amendments to other Acts.

The Honourable Senator Stollery moved, seconded by the Honourable Senator Carstairs, that the Bill be read the second time.

After debate, The Honourable Senator Kinsella for the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Bolduc, 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 Hays moved, seconded by the Honourable Senator Perry (Poirier):

That the Report of the Judicial Compensation and Benefits Commission, dated May 31, 2000, tabled in the Senate on June 15, 2000, be referred to the Standing Senate Committee on Legal and Constitutional Affairs, pursuant to sub-section 26(6.1) of the Judges Act.

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

 _________________________________________

Ordered, That all remaining Orders be postponed until the next sitting.

 _________________________________________

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 Setlakwe:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, June 21, 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):

Reports of the Canada Customs and Revenue Agency required by the Access to Information Act and the Privacy Act for the period ended March 31, 2000, 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. 2/36-430.

Document entitled "Canadian Security Intelligence Service- 1999 Public Report".-Sessional Paper No. 2/36-431.

ADJOURNMENT

The Honourable Senator Hays moved, seconded by the Honourable Senator Moore:

That the Senate do now adjourn.

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

 _________________________________________

Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Murray substituted for that of the Honourable Senator Eyton (June 19).

The names of the Honourable Senators Corbin, Banks and Graham substituted for those of the Honourable Senators Banks, Corbin and Banks (June 20).

Standing Senate Committee on Foreign Affairs

The name of the Honourable Senator Austin substituted for that of the Honourable Senator Pearson (June 19).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Rompkey substituted for that of the Honourable Senator Finestone (June 19).

Special Committee of the Senate on Bill C-20

The names of the Honourable Senators Lynch-Staunton and Cordy substituted for those of the Honourable Senators Rivest and Furey (June 19).

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Ferretti Barth substituted for that of the Honourable Senator Chalifoux (June 20).


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