49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament

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Issue 82

Wednesday, October 18, 2000
1:30 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kennedy, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Nolin, Pearson, Pépin, Poy, Prud'homme, Rivest, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Sparrow, Spivak, Squires, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe, Wilson, ,

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, *Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, *Cordy, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, *Finestone, Finnerty, Fitzpatrick, Forrestall, *Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kennedy, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Nolin, *Oliver, Pearson, Pépin, Poy, Prud'homme, Rivest, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Sparrow, Spivak, Squires, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe, Wilson

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker informed the Senate that the Clerk of the Senate had tabled the following:

Statement of the Clerks Receipts and Disbursements for the fiscal year 1999-2000, pursuant to Rule 133.-Sessional Paper No. 2/36-616S.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Chalifoux, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its Sixth Report (Bill C-14, An Act respecting an agreement with the Norway House Cree Nation for the settlement of matters arising from the flooding of land, and respecting the establishment of certain reserves in the province of Manitoba) without amendment.

The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Carstairs, 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.

Government Notices of Motions

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

That the Clerk's Accounts be referred to the Standing Committee on Internal Economy, Budgets and Administration.

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

MESSAGES FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons to return Bill S-25, An Act to amend the Defence Production Act,

And to acquaint the Senate that the Commons have passed this Bill, without amendment.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Chalifoux, for the third reading of Bill C-27, An Act respecting the national parks of Canada,

And on the motion in amendment of the Honourable Senator Rossiter, seconded by the Honourable Senator Tkachuk, that the Bill, in Clause 34, be amended by deleting lines 7 to 10, sub-section 3 inclusive, on page 24 and that the further sub-sections of Clause 34 be re-numbered accordingly.

After debate, The question was put on the motion in amendment. With leave of the Senate, it was agreed that the motion adopted yesterday with respect to the adjournment of the Senate be rescinded, and that a recorded division on the motion in amendment be deferred until 3:45 p.m. today. Order No. 2 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 and 2 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Chalifoux, for the second reading of Bill S-12, An Act to amend the Divorce Act (child of the marriage).

After debate, The Honourable Senator Hays for the Honourable Senator Sparrow moved, seconded by the Honourable Senator Gauthier, that further debate on the motion be adjourned until the next sitting.

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

Private Bills

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

Reports of Committees

Orders No. 1 to 4 were called and postponed until the next sitting.

Other

Orders No. 28, 17, 6 (inquiries) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Taylor, seconded by the Honourable Senator Watt:

That the Senate of Canada views with grave concern the increasingly frequent practice of the House of Commons to debate and pass legislation which ignores the constitutional role of the Senate, the rights of our aboriginal peoples and official minority language groups;

That the Senate will continue to maintain its legitimate constitutional status by amending any bill that fails to recognize the constitutional roles enjoyed by both Houses of Parliament; and

That a Message be sent to the House of Commons to acquaint that House accordingly.

Debate.

DEFERRED DIVISION

At 3:45 p.m., pursuant to the Order adopted earlier this day, the Senate proceeded to the taking of the deferred recorded division on the motion in amendment of the Honourable Senator Rossiter to the motion of the Honourable Senator Banks, seconded by the Honourable Senator Chalifoux, for the third reading of Bill C-27, An Act respecting the national parks of Canada.

The question was put on the motion in amendment of the Honourable Senator Rossiter, seconded by the Honourable Senator Tkachuk, that the Bill, in Clause 34, be amended by deleting lines 7 to 10, sub-section 3 inclusive, on page 24 and that the further sub-sections of Clause 34 be re-numbered accordingly.

The motion in amendment was negatived on the following division:

YEAS

The Honourable Senators

Andreychuk , Beaudoin, Buchanan, Cochrane, Cohen, Comeau, DeWare, Forrestall, Gustafson, Kinsella, LeBreton, Lynch-Staunton, Meighen, Nolin, Rossiter, Stratton, Tkachuk-17

NAYS

The Honourable Senators

Adams, Bacon, Banks, Boudreau, Bryden, Callbeck, Carstairs, Chalifoux, Christensen, Cook, Cools, Corbin, DeBané, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Gauthier, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Johnson, Joyal, Kennedy, Kenny, Kirby, Kolber, Kroft, Lawson, Maheu, Mahovlich, Mercier, Milne, Moore, Pearson, Pépin, Poy, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Setlakwe, Sibbeston, Sparrow, Spivak, Squires, Taylor, Watt, Wiebe, Wilson-51

ABSTENTIONS

The Honourable Senators

Prud'homme-1

The question then being put on the motion of the Honourable Senator Banks seconded by the Honourable Senator Chalifoux, for the third reading of Bill C-27, An Act respecting the national parks of Canada, it was adopted on division.

The Bill was then read the third time and passed, on division.

Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.

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With leave, The Senate reverted to Tabling of Reports from Inter-Parliamentary Delegations.

The Honourable Senator Grafstein tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Ninth Annual Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA), held in Bucharest, Romania, from July 6 to 10, 2000.-Sessional Paper No. 2/36-617.

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

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 II-October 2000), pursuant to the Act to amend the Auditor General Act (reports), S.C. 1994, c. 32, s. 2. -Sessional Paper No. 2/36-597.

Reports of the National Film Board 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. 2/36-598.

Reports of the Canadian Museum of Nature 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. 2/36-599.

Reports of the National Gallery of Canada 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. 2/36-600.

Reports of the Historic Sites and Monuments Board of Canada 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. 2/36-601.

Reports of the National Battlefields Commission 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. 2/36-602.

Reports of the National Museum of Science and Technology 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. 2/36-603.

Reports of the Canadian Museum of Civilization 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. 2/36-604.

Reports of the Public Service Commission of Canada 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. 2/36-605.

Reports of the Canadian Cultural Property Export Review Board 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. 2/36-606.

Reports of the Canadian Radio-Television and Telecommunications Commission (CRTC) 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. 2/36-607.

Reports of the National Archives of Canada 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. 2/36-608.

Report of Telefilm Canada required by the Access to Information Act for the period ended March 31, 2000, pursuant to the Act, R.S.C. 1985, c. A-1, sbs. 72(2).-Sessional Paper No. 2/36-609.

Reports of the National Capital Commission 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. 2/36-610.

Reports of the Canada Council 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. 2/36-611.

Reports of the National Library of Canada 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. 2/36-612.

Summary of the amendments to the 2000 Capital Budget for Loans and Investments of the Canada Mortgage and Housing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 2/36-613.

Reports of the Millennium Bureau of Canada 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. 2/36-614.

Reports of the Canadian Forces Grievance Board 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. 2/36-615.

ADJOURNMENT

The Honourable Senator Hays moved, seconded by the Honourable Senator Fairbairn, P.C.:

That the Senate do now adjourn.

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

(Accordingly, at 3:55 p.m. the Senate was continued until 2:00 p.m. tomorrow.)

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

Standing Senate Committee on Social Affairs, Science and Technology

The names of the Honourable Senators Meighen and Wiebe substituted for those of the Honourable Senators Beaudoin and Fairbairn (October 17).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Gill (October 18).

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