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The Honourable Senators
Adams Anderson Andreychuk Atkins Austin Bacon Beaudoin Berntson Bonnell Bryden Buchanan Carstairs Charbonneau Cochrane Cogger Cools Corbin De Bané DeWare Di Nino Doody Doyle Fairbairn Forest Forrestall Ghitter Gigantès Grafstein Graham Grimard Haidasz Hays Hébert Hervieux-Payette Jessiman Johnson Kelleher Kelly Kenny Keon Kinsella Kirby Kolber Landry Lavoie-Roux Lawson LeBreton Lewis Losier-Cool Lucier Lynch-Staunton MacDonald (Halifax) Maheu Marchand Mercier Milne Molgat Moore Murray Nolin Oliver Pearson Pépin Perrault Phillips Poulin Rivest Roberge Robichaud Rompkey Rossiter Simard Sparrow Spivak Stewart Stollery Stratton Taylor Tkachuk Twinn Watt Wood
PRAYERS
The Honourable Senator Stewart moved, seconded by the Honourable Senator Forest, 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.
Of Residents of Canada concerning Bill C-71, An Act to regulate the manufacture, sale, labelling and promotion of tobacco products, to make consequential amendments to another Act and to repeal certain Acts.
____________________________________
With leave,The Senate reverted to Introduction and First Reading of Senate Public Bills.
The Honourable Senator Cools presented a Bill S-16, An Act concerning one Karla Homolka.
The Bill was read the first time.
The Honourable Senator Cools moved, seconded by the Honourable Senator Sparrow, that the Bill be placed on the Orders of the Day for a second reading on Friday next, April 18, 1997.
The question being put on the motion, it was adopted.
After debate,
The question being put on the motion,
With leave of the Senate, a recorded division was deferred until 5:30 p.m. today.
Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Taylor, for the second reading of Bill C-17, An Act to amend the Criminal Code and certain other Acts.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Milne moved, seconded by the Honourable Senator Pearson, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Second reading of Bill C-82, An Act to amend certain laws relating to financial institutions.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Maheu, that the Bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Maheu, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Pearson, seconded by the Honourable Senator Milne, for the second reading of Bill C-27, An Act to amend the Criminal Code (child prostitution, child sex tourism, criminal harassment and female genital mutilation).
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Pearson moved, seconded by the Honourable Senator Milne, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Milne, that the Bill, as amended, be read the third time.
After debate,
The question being put on the motion, it was adopted.
The Bill, as amended, 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 with an amendment to which they desire their concurrence.
Orders No. 2 to 5 were called and postponed until the next sitting.
The question was put on the motion in amendment of the Honourable Senator Kenny seconded by the Honourable Senator MacDonald (Halifax), that the Bill be not now read a third time but that it be amended by adding, after line 36, on page 12, the following:
"Part IV.1
TOBACCO MANUFACTURERS COMMUNITY RESPONSIBILITY FUND
(2) Within thirty days after this Act is assented to and thereafter as needed from time to time, the Minister shall appoint a committee, composed of seven medical practitioners of whom four shall have a demonstrated expertise in child psychology, to choose an administrator of the Fund, referred to in this section as the "Administrator", and, within ninety days after its appointment, the committee shall select a non-profit body corporate, either currently in existence or whose creation for the purpose is proposed to the committee, and appoint it to administer the Fund.
(3) The Fund is established on behalf of the Canadian tobacco manufacturing industry
(a) to protect the health of young persons by engaging in and funding activities intended to discourage them from using tobacco products and to protect them from inducements to use tobacco products and the consequent dependence on them, and
(b) to fund, on a transitional basis, persons, entities, events, activities and permanent facilities financially sponsored by manufacturers where a decrease in such sponsorship occurs.
(4) In order to achieve the objective set out in paragraph (3)(a), the Administrator may, at the national, regional and local levels throughout Canada, commission and conduct research, develop and distribute educational tools, plan and execute communications strategies, run advertising campaigns, use the media and disseminate information through other means, hold and sponsor programs, conferences and peer and other group activities and engage in other activities that, in the opinion of the Administrator, will contribute to the achievement of the objective.
(5) The Administrator shall publish, assess and collect the levies payable under this Part and receive voluntary contributions for the purposes of the Fund.
(6) The Administrator shall raise for the Fund, by means of a general levy for each financial year of the Fund the first of which shall include the day that this Act comes into force, a revenue in a total amount equal to two dollars per person resident in Canada.
(7) Subject to subsection (14), the amounts raised under subsection (6) and all voluntary contributions shall be used by the Administrator to finance the attainment of the objective set out in paragraph (3)(a).
(8) The Administrator shall raise for the Fund by means of a special levy
(a) for each of the first three financial years of the Fund, a revenue in an amount estimated by the Administrator to be necessary to replace all losses in financial sponsorship during those years of persons, entities, events, activities and permanent facilities financially sponsored as ofApril 1, 1997 by manufacturers;
(b) for the fourth financial year of the Fund, two-thirds of the average of the amounts raised under paragraph (a) for the second and third years; and
(c) for the fifth financial year of the Fund, one-half of the amount raised under paragraph (b).
(9) Subject to subsection (14), the amounts raised under subsection (8) shall be used by the Administrator to finance the attainment of the objective set out in paragraph (3)(b).
(10) Levies payable under this Part shall be on all manufactured tobacco produced in Canada and delivered to a purchaser and on all manufactured tobacco imported into Canada and shall be paid to the Administrator by the person manufacturing or importing the tobacco.
(11) The Administrator shall, after consultation with the Canadian Tobacco Manufacturers' Council, make guidelines providing for:
(a) the publication of levies to be assessed under this Part;
(b) the equitable assessment and collection of the levies;
(c) the manner in which the levies shall be paid;
(d) the evidence by which a person's liability to the levies and discharge of that liability may be established;
(e) the application and disbursement procedures for amounts to replace loss in financial sponsorship; and
(f) such other matters as the Administrator considers appropriate.
(12) The Administrator may appoint and remunerate an agent to collect for it the levies authorised by this Part and the Canadian Tobacco Manufacturers' Council may be appointed as such agent.
(13) A levy under this Part constitutes a debt payable to the Administrator, which the Administrator may sue for and recover as such in any court of competent jurisdiction, together with all costs associated with the recovery thereof.
(14) There may be paid out of and charged to the Fund
(a) all administrative costs of the selection committee established under subsection (2) and such remuneration and expenses of the members of the committee as are fixed by the Minister;
(b) the administrative costs of establishing the Administrator, if it is created solely for the purpose of administering the Fund;
(c) all costs of the Fund, including for the fees, charges and expenses of the Administrator.
(15) The Administrator shall keep proper accounts with respect to the Fund and prepare in respect of each financial year a statement of accounts which accounts shall be audited annually.
(16) The Administrator shall, as soon as possible but in any case within six months after the end of each financial year, submit to the Canadian Tobacco Manufacturers' Council a report on the Fund, including an assessment of the effectiveness of activities financed by it, financial statements and the auditor's report.
(17) Within fifteen days of receiving the report referred to in subsection (16), the Canadian Tobacco Manufacturers' Council shall submit it to the Minister, who shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after the day on which the Minister receives it.
(18) In the event that
(a) the Fund is without an Administrator for a period of one year or more, or
(b) the Administrator of the Fund fails to submit the report required by subsection (16) for two consecutive years,
the Canadian Tobacco Manufacturers' Council may, with the approval of the Minister, apply to a court of competent jurisdiction for an order to wind-up the Fund upon such terms as the court considers expedient and any surplus that remains shall be distributed to the Canadian Tobacco Manufacturers' Council.
(19) A reference in this Part to the Canadian Tobacco Manufacturers' Council includes a reference to a successor named by it and, in the event that the Council or a successor refuses or is unable to act for any purpose under this Part, the Minister may appoint by order, after consultation with such persons liable to pay the levies as the Minister considers appropriate, a person or body to act on behalf of the Council for the purposes of this Part."
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Atkins Charbonneau Doody Ghitter Grimard MacDonald (Halifax) Murray Phillips Rivest Simard Spivak-11
NAYS
The Honourable Senators
Adams Anderson Andreychuk Austin Bacon Bonnell Bryden Buchanan Carstairs Cochrane Cools Corbin De Bané Fairbairn Forest Gigantès Grafstein Graham Hays Hébert Hervieux-Payette Keon Kolber Landry Lawson Lewis Losier-Cool Lucier Maheu Marchand Mercier Milne Moore Nolin Pearson Pépin Perrault Poulin Robichaud Rompkey Sparrow Stewart Stollery Taylor Watt Wood-46
ABSTENTIONS
The Honourable Senators
Beaudoin Berntson Cogger DeWare Di Nino Forrestall Jessiman Johnson Kelleher Kenny Kinsella Lavoie-Roux LeBreton Lynch-Staunton Oliver Roberge Rossiter Stratton Tkachuk Twinn-20
The question was put on the motions in amendment of the Honourable Senator Haidasz, P.C., seconded by the Honourable Senator Robichaud, P.C., that the Bill be not now read a third time but that it be amended:
1. in clause 2,
(a) on page 2, by adding after line 16 the following:
""reconstituted tobacco" means any substance that settles out by sedimentation when the contents of a tobacco product, not including paper or other wrapping material or filter material, are floated in acetone or other organic non-acid solvent, including water or the alcohols.";
(b) on page 2, by adding after line 19 the following:
""salt of nicotine" means any nicotinic substance, including nicotine and the alkaloids nornicotine, mysomine, anabasine, anatabine, and 3,2-Bipyridil, or a substance that renders cotinine in human blood."; and
(c) on page 2, by adding after line 21 the following:
""smoking" means the intentional inhalation of smoke produced by the combustion of tobacco.
"tobacco additive" means any substance which is added to a tobacco product or which becomes part of the tobacco product as a result of the manufacturing process or by absorption from the packaging or storage of the tobacco
(a) that serves to enhance the bioavailability of nicotine in the human body,
(b) that serves to increase cotinine in human blood, or
(c) that, upon heating or combustion, produces substances that are detrimental to human health."
2. in clause 5, on page 3, by replacing line 14 with the following:
"standards established by this Act and the regulations made pursuant to it."
3. on page 3, by adding after clause 6 the following:
"6.1. No tobacco product intended for use by smoking shall be manufactured unless every gram of the tobacco product, as expressed per gram of the tobacco product not including the weight of paper or other wrapping material or filter material,
(a) contains and produces on use not more than 0.3 mg of nicotine, including any salt of nicotine;
(b) contains not more than 2.0 per cent by weight of reconstituted tobacco;
(c) contains not more than 0.1 per cent by weight of tobacco additives; and
(d) produces, on being burnt, smoke that contains not more than 0.5 mg of cancer-causing tars when measured in accordance with test methods prescribed by the regulations.".
4. in clause 7, on page 3 by replacing lines 22 to 28 with the following:
"(a) establishing standards for a tobacco product, including but not limited to
(i) reducing the allowable amount of nicotine, including any salt of nicotine, or the percentage of reconstituted tobacco, or the percentage of tobacco additives, or the amount of cancer-causing tars contained in the smoke produced by the burning of the tobacco product, as set out in the formula in section 6.1,
(ii) prescribing the amounts of substances that may be contained in the tobacco product or its emissions, including the emissions conveyed by sneezing or by expectoration in the use of the tobacco product, and
(iii) prescribing substances that may not be added to the tobacco product;".
5. in clause 18, on page 6 by replacing lines 31 to 38 with the following:
"18. (1) In this Part, "promotion" means a representation about a product or service by any means, directly or indirectly, that, on the balance of probabilities, is likely to induce persons to use the product or service.".
6. in Clause 21
(a) on page 7, by replacing lines 34 to 37 with the following:
"21. (1) No person shall promote a tobacco product or tobacco product-related brand element by means of a testimonial, endorsement or public expression of appreciation, however displayed or communicated."; and
(b) on page 8, by replacing lines 1 to 3 with the following:
"(3) For the purposes of subsection (1), a person who participates in a public competition that is sponsored in whole or in part by a tobacco manufacturer does not promote a tobacco product or tobacco product-related brand element of the manufacturer by expressing appreciation for the sponsorship of the manufacturer if the person does not receive any consideration from the manufacturer
(a) for participating in the competition; or
(b) for the public expression of appreciation the person makes for the sponsorship of the competition.
(4) For the purposes of subsection (3), a person who is awarded a trophy or other prize in a competition in which the person competes does not receive consideration in the award of that trophy or prize.
(5) A manufacturer of a tobacco product shall not in respect of any trophy or other prize that is the object of a public competition of which it is a sponsor, other than a trophy or prize that was the object of public competition in Canada on or before December 2, 1996,
(a) by any means cause the title or name of a trophy or other prize awarded in the competition to incorporate any tobacco product-related brand element; or
(b) hold the entire intellectual property interest in a trophy or other prize to be awarded in the competition.
(6) This section does not apply to a tobacco product-re lated brand element that appeared on or was directly associated with a tobacco product for sale in Canada on December 2, 1996.".
7. in clause 22, on page 8 by replacing lines 36 to 41 with the following:
""lifestyle advertising" means advertising, including advertising that uses images of or allusions to glamour, recreation, excitement, vitality, risk or daring, that portrays as attractive a way of life and that is likely to induce in young persons the impression that the use of a tobacco product is compatible with or befits that way of life."
8. on page 17 by adding after clause 42.1 the following:
"42.2 The Minister shall lay a report before each House of Parliament each year on or before the anniversary of the date on which the Act came into force on the administration and enforcement of the Act, on the administration and enforcement of the regulations and on the process of consideration and final adoption or rejection of any regulations proposed to the Minister together with the reasons for their adoption or rejection.".
9. on page 17 by replacing the heading of PART V.1 with the following:
"LAYING OF PROPOSED REGULATIONS AND
REPORTING".
The motions in amendment were negatived on division.
The question was put on the motions in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Lynch-Staunton, that the Bill be not now read a third time but that it be amended:
1. in clause 8, on page 4, by replacing line 6 with the following:
"access, unless the tobacco product is being furnished to the young person in the course of that person's employment and is not intended for personal consumption by any young person.".
2. in clause 12, on page 5, by replacing lines 1 to 4 with the following:
"(a) a place to which young persons do not have access; or
(b) any other place and has a prescribed security mechanism.".
3. in clause 21, on page 7, by adding the following after line 42:
"(2.1) For the purposes of subsection (1), a public expression of appreciation or recognition for a sponsorship of a person, entity, event, activity or permanent facility by a manufacturer is considered not to be a testimonial for, or an endorsement of, the manufacturer's product.".
4. in clause 24, on page 9, by replacing lines 4 to 42 with the following:
"24. (1) Notwithstanding any other provision of this Act but subject to subsections (2) and (3), a person may display a tobacco product-related brand element in a promotion that is used in the sponsorship of a person, entity, event or activity if
(a) the person, entity, event, or activity is not primarily associated with young persons; and
(b) the principal purpose of the sponsorship is the promotion of the person, entity, event, or activity.
(2) Any promotional material that displays tobacco product related-brand elements in a promotion must not
(a) depict, in whole or in part, a tobacco product or its package;
(b) display the brand elements on more than10 per cent of the display surface of the material, or appear in a size larger than the name of the person, entity, event, or activity being sponsored;
(c) be published in any publication that has an adult readership, or broadcast in any program that has an adult audience, of less than eighty-five per cent;
(d) be located within two hundred metres of any primary or secondary school property;
(e) depict a professional model under twenty-five years of age;
(f) in the case of outdoor material, be displayed for more than three months before the commencement of the event or activity and more than one month after the closure of the event or activity.
(3) Subsection (2) does not apply
(a) to signs or programs available on the site of an event or activity;
(b) to the clothing of participants, performers and competitors in the event or activity; and
(c) to any material or equipment used during the course of the event or activity.
(4) The definitions in this subsection apply in this section.
"promotion" includes promotion by means of any printed material, event merchandise, advertisement, broadcast, sign, program or any other means of communication.
"sponsorship" means the support, financial or otherwise, of a person, entity, event or activity.".
5. in clause 27, on page 10, by replacing lines 15 to 25 with the following:
"27. No person shall furnish or promote a tobacco product if any of its brand elements is displayed on a non-tobacco product, other than an accessory, or is used with a service, if the non-tobacco product or service is primarily associated with young persons.".
6. in clause 28, on page 10, by replacing line 33 with the following:
"criteria described in section 27.".
7. in clause 33, on page 12,
(a) by deleting lines 14 to 16; and
(b) by re-lettering paragraphs (d) to (j) as (c) to (i), and any cross-references thereto accordingly
8. in clause 25, on page 10, by replacing lines 4 and 5 with the following:
"element may appear on the facility.".
9. in clause 33, on page 12,
(a) by deleting lines 17 to 19; and
(b) by re-lettering paragraphs (e) to (j) as paragraphs (d) to (i), and any cross-references thereto accordingly.
10. in clause 27, on page 10,
(a) by replacing line 15 with the following:
"27.(1) No person shall furnish or promote a"; and
(b) by adding after line 25 the following:
"(2) For the purposes of this section and section 28, "non-tobacco product" means a product, not being a tobacco product or its package, that is sold commercially, but does not include merchandise that displays the name of a person, entity, event, activity or permanent facility that is being sponsored pursuant to section 24.".
11. in clause 29, on page 11, by replacing line 3 with the following:
"lottery or contest, except where the consideration is between manufacturers and between manufacturers and retailers;".
12. in clause 31, on page 11, by replacing lines 29 to 38 with the following:
"(3) No person in Canada shall, primarily for the purpose of promoting in Canada a tobacco product,
(a) promote any product the promotion of which is contrary to this Part, or
(b) disseminate promotional material that contains a tobacco product-related brand element in a way that is contrary to this Part,
by means of a publication that is published outside Canada, a broadcast that originates outside Canada, or any other communication that originates outside Canada.".
13. in clause 66, on page 23, by replacing lines 20 to 22 with the following:
"66. (1) Subject to subsection (2), this Act comes into force on the day that is six months after the day this Act is assented to.
(2) Subsections 24(2) and (3) come into force onOctober 1, 1998 or on such later day the Governor in Coun cil may fix by order.".
The motions in amendment were negatived on the following division:
YEAS
The Honourable Senators
Atkins Berntson Buchanan Cogger DeWare Di Nino Doody Forrestall Grimard Jessiman Kelleher Kinsella Lynch-Staunton Nolin Oliver Phillips Rivest Roberge Rossiter Simard Stratton Tkachuk-22
NAYS
The Honourable Senators
Adams Anderson Andreychuk Austin Bacon Bonnell Bryden Carstairs Cochrane Cools Corbin De Bané Doyle Fairbairn Forest Gigantès Grafstein Graham Hays Hébert Hervieux-Payette Johnson Kenny Keon Kolber Landry Lavoie-Roux Lawson LeBreton Lewis Losier-Cool Lucier Maheu Marchand Mercier Milne Moore Murray Pearson Pépin Perrault Poulin Robichaud Rompkey Sparrow Spivak Stewart Stollery Taylor Watt Wood-51
ABSTENTIONS
The Honourable Senators
Beaudoin Charbonneau Ghitter MacDonald (Halifax) Twinn-5
The question was put on the motions in amendment of the Honourable Senator Lynch-Staunton seconded by the Honourable Senator Stratton, that the Bill be not now read a third time but that it be amended:
1. in clause 42.1, on page 17:
(a) by replacing lines 13 to 22 with the following:
"proposed regulation before each House of Parliament on the same day.
(2) A proposed regulation that has been laid before Parliament in accordance with subsection (1) is automati cally referred to the Standing Joint Committee for the Scrutiny of Regulations, which shall conduct inquiries or public hearings with respect to the proposed regulation and report its findings to each House.";
(b) by replacing lines 26 to 32 with the following:
"(a) the House of Commons has not concurred in any report from the joint committee respecting the proposed regulation within the thirty sitting days following the day on which the proposed regulation was laid before each House, in which case the regulation may only be made in the form laid; or"; and
(c) by replacing line 34 with the following:
"a report from the joint committee approving the".
2. in clause 36, on page 14,
(a) by replacing line 19 with the following:
"36. (1) An inspector may not enter or seize any thing from a";
(b) by replacing line 27 with the following:
"dwelling-place and to seize any tobacco product or other thing by means of which or in relation to which the inspector believes on reasonable grounds this Act has been contravened, subject to any conditions"; and
(c) by replacing line 36 with the following:
"entry or the seizure, or that entry or seizure has been refused or there".
3. in clause 39, on page 15, by replacing line 20 with the following:
"an inspector may, subject to section 39.1, seize any tobacco product or".
4. on page 15, by adding after line 31 the following new clause:
"39.1 (1) An inspector may not seize any tobacco product or other thing referred to in subsection 39(1), except with the consent of the owner of the thing or the person in whose possession it is at the relevant time, or under the authority of a warrant issued under section 36, in the case of a dwelling-place, or under the authority of a warrant issued under subsection (2), in the case of any other place.
(2) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing the inspector named in the warrant to seize any tobacco product or other thing by means of which or in relation to which the inspector believes on reasonable grounds that this Act has been contravened, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath
(a) that the owner of the thing or the person in whose possession it is at the relevant time does not consent to the seizure,
(b) that seizure has been refused, or
(c) that there are reasonable grounds for believing that seizure will be refused.
(3) An inspector executing a warrant issued under subsection (2) shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.".
The motions in amendment were negatived on the following division:
YEAS
The Honourable Senators
Atkins Berntson Buchanan Charbonneau Cochrane Cogger DeWare Di Nino Doody Forrestall Ghitter Grimard Jessiman Kelleher Kinsella LeBreton Lynch-Staunton Murray Nolin Oliver Phillips Rivest Roberge Rossiter Simard Stratton Tkachuk Twinn-28
NAYS
The Honourable Senators
Adams Anderson Andreychuk Austin Bacon Bonnell Bryden Carstairs Cools Corbin De Bané Doyle Fairbairn Forest Gigantès Grafstein Graham Hays Hébert Hervieux-Payette Johnson Kenny Keon Kolber Landry Lavoie-Roux Lawson Lewis Losier-Cool Lucier Maheu Marchand Mercier Milne Moore Pearson Pépin Perrault Poulin Robichaud Rompkey Sparrow Spivak Stewart Stollery Taylor Watt Wood-48
ABSTENTIONS
The Honourable Senators
Beaudoin MacDonald (Halifax)-2
The question was then put on the motion of the Honourable Senator Lewis, seconded by the Honourable Senator Landry, for the third reading of Bill C-71, An Act to regulate the manufacture, sale, labelling and promotion of tobacco products, to make consequential amendments to another Act and to repeal certain Acts.
The motion was adopted on the following division:
YEAS
The Honourable Senators
Adams Anderson Andreychuk Atkins Austin Bacon Beaudoin Berntson Bonnell Bryden Buchanan Carstairs Cochrane Cogger Cools Corbin De Bané DeWare Doody Doyle Fairbairn Forest Forrestall Ghitter Gigantès Grafstein Graham Grimard Hays Hébert Hervieux-Payette Jessiman Johnson Kelleher Kenny Keon Kinsella Kolber Landry Lavoie-Roux Lawson LeBreton Lewis Losier-Cool Lucier Lynch-Staunton MacDonald (Halifax) Maheu Marchand Mercier Milne Moore Murray Nolin Oliver Pearson Pépin Perrault Phillips Poulin Roberge Robichaud Rompkey Rossiter Simard Sparrow Spivak Stewart Stollery Stratton Taylor Tkachuk Twinn Watt Wood-75
NAYS
The Honourable Senators
Rivest-1
ABSTENTIONS
The Honourable Senators
Charbonneau Di Nino-2
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.
That Whereas the Senate deemed it expedient to inquire into and be concerned with this matter connected with the good government of Canada and the conduct of this part of the public business, and was desirous of examining the Somalia affair in continuance and completion of the Royal Commission of Inquiry into the Deployment of Canadian Forces to Somalia's work, the Senate desirous of solemn inquiry into these grievous matters by Senate resolution on March 20, 1997 ordered and constituted a Special Senate Committee to investigate the Somalia Affair to satisfy the public's concern for judicious examination, and to authorize those persons unheard by the Commission of Inquiry to be heard by the Special Senate Committee; and further, that this resolution ordered its Senate Committee to call specified witnesses including one John Dixon to testify before it; and
Whereas on March 25 and 26, 1997, long after the Senate had passed its resolution, Madam Justice Sandra Simpson of the Federal Court of Canada heard an application brought byJohn Dixon asking that court to rule in respect of Orders in Council PC 1995-442, PC 1995-1273, PC 1996-959, andPC 1997-174 regarding Defence Minister Douglas Young's three extensions of time and his actions declining the Somalia Royal Commission of Inquiry yet another extension and yet another postponement of the Commission's report date; and further, that Madam Justice Simpson ruled on the same application and hearing on March 27, 1997; and
Whereas the issues and subject matter in Mr. Dixon's application to the Federal Court of Canada ruled on by Madam Justice Simpson are not matters for judicial determination, but rather are political matters and thus for political determination by the politics of responsible government, of which the Senate Committee's inquiry is such a political and parliamentary determination; and further, that Madam Justice Simpson took jurisdiction without common law, statutory or constitutional authority and ruled on this application, is by itself a political act and an interference; and further, that the Federal Court of Canada and its judges have no jurisdiction or superintendence over the Senate of Canada or Senate proceedings; and further, that regarding the Senate's and Parliament's privileges, the courts and judges of Canada are directed by constitutional comity, by the Constitution Act, and by the Parliament of Canada Act, that "The privileges, immunities and powers ... shall, in all courts in Canada, and by and before all judges, be taken notice of judicially."; and "... it is not necessary to plead them ..."; and
Whereas as the Upper Chamber of Parliament, the ancient and undoubted High Court of Parliament, the Grand Inquest of the Nation, the Senate of Canada deplores judicial lawmaking, judicial vanity, judicial mischief, curial government, and any and all judicial excesses, particularly judicial political activism in the spheres of public policy decision-making in Cabinet's lawful exercise of its powers by responsible ministers of the Crown, and in the Senate's exercise of its constitutional privileges and powers to conduct inquiries and to safeguard the public interest in good government; therefore
Be It Resolved that the Senate of Canada uphold its constitutional conventions of judicial independence and constitutional comity, and assert its own privileges and powers to conduct its own inquiry without judicial interference or attempts at judicial government; and further, that the Senate declares Madam Justice Sandra Simpson's actions, orders and judgement of March 27, 1997, subsequent to and in disregard of the Senate's own resolution on March 20,1997 superseding the Commission of Inquiry's reference and assuming the subject matter, were an unlawful and undue political interference in Senate proceedings and Senate functions; and further, that the Senate expresses its just displeasure at Madam Justice Simpson's ruling and her failure to take judicial notice of the Senate's Orders and Committee of Inquiry and declares her ruling to be a breach of the Senate's privileges and declares that the judicial person, Madam Justice Simpson, is in contempt of Parliament.
After debate,
The Honourable Senator Sparrow moved, seconded by the Honourable Senator Stollery, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Bill was read the first time.
With leave of the Senate,
The Honourable Senator Graham moved, seconded by the Honourable Senator Marchand, P.C., that the Bill be placed on the Orders of the Day for a second reading at the next sitting.
The question being put on the motion, it was adopted.
A Message was brought from the House of Commons with a Bill C-55, An Act to amend the Criminal Code (high risk offenders), the Corrections and Conditional Release Act, the Criminal Records Act, the Prisons and Reformatories Act and the Department of the Solicitor General, to which they desire the concurrence of the Senate.
The Bill was read the first time.
With leave of the Senate,
The Honourable Senator Graham moved, seconded by the Honourable Senator Gigantès, that the Bill be placed on the Orders of the Day for a second reading at the next sitting.
The question being put on the motion, it was adopted.
That the Special Committee of the Senate on the Canadian Airborne Regiment in Somalia be instructed to table in this Chamber a complete work plan outlining its study;
That this plan include advice on the Committee's schedule from the Committee's counsel and research director; and
That until such time that this plan is tabled and adopted by the Senate and Committee members have had sufficient time to meet with counsel and the research director in order to prepare for these hearings, no witnesses shall be heard.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Stewart moved, seconded by the Honourable Senator Kinsella:
That if before the dissolution of the present Parliament the Standing Senate Committee on Foreign Affairs has adopted but not presented a Report on the growing importance of theAsia Pacific region for Canada, with emphasis on the Asia Pacific Economic Cooperation (APEC) Conference to be held in Vancouver in the fall of 1997, Canada's year of Asia Pacific, the Honourable Senators authorized to act for and on behalf of the Senate in all matters relating to internal economy of the Senate during any period between sessions of Parliament or between Parliaments, be authorized to publish and distribute this report of the Committee.
The question being put on the motion, it was adopted.
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 Transport and Communications
The names of the Honourable Senators Pépin and Maheu substituted for those of the Honourable Senators Maheu and Kolber (April 15).
The names of the Honourable Senators Landry and Anderson substituted for those of the Honourable Senators Pépin and Perrault (April 16).
Special Committee of the Senate on the Cape Breton Development Corporation
The name of the Honourable Senator Gigantès substituted for that of the Honourable Senator Stanbury (April 16).
