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45 Elizabeth II, A.D. 1996, Canada

Journals of the Senate


Issue 46

Tuesday, October 29, 1996
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker


The Members convened were:

The Honourable Senators

Anderson Andreychuk Angus Atkins Austin Bacon Balfour Berntson Bolduc Bonnell Bosa Carstairs Cogger Cohen Comeau Cools Corbin De Bané DeWare Doody Doyle Fairbairn Forrestall Gigantès Grafstein Graham Grimard Haidasz Hays Hébert Hervieux-Payette Jessiman Johnson Kelly Kinsella Kirby Landry Lavoie-Roux Lawson LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Meighen Mercier Milne Molgat Moore Murray Nolin Oliver Pearson Petten Poulin Prud'homme Riel Rivest Roberge Robertson Robichaud St. Germain Simard Stanbury Stewart Stollery Tkachuk Watt Wood

PRAYERS.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Lewis, Joint Chairman of the Standing Joint Committee for the Scrutiny of Regulations, tabled the Third Report of the said Committee (Public Lands Mineral Regulations).-Sessional Paper No. 2/35-474.

Government Notices of Motions

With leave of the Senate,

The Honourable Senator Graham moved, seconded by the Honourable Senator Hébert:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, October 30, 1996, at 1:30 p.m.

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 Bryden, seconded by the Honourable Senator Stollery, for the third reading of Bill C-42, An Act to amend the Judges Act and to make consequential amendments to another Act;

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Doody, that the Bill be not now read a third time but that it be amended:

(a) in clause 4 on page 3:

(i) by replacing line 13 with the following:

"approval of the Council.",

(ii) by replacing line 15 with the following:

"granted pursuant to subsection (1), the chief", and

(iii) by deleting lines 23 to 31; and

(b) in clause 5, by replacing lines 11 to 45 on page 4 and lines 1 to 35 on page 5 with the following:

"56.1 (1) A judge on leave of absence granted pursuant to subsection 54(1) may, with the approval of the Council granted pursuant to subsection (2), perform judicial or quasi-judicial duties for an international organization of states or an institution of such an organization and may receive in respect thereof reasonable moving or transportation expenses and reasonable travel and other expenses from the Government of Canada.

(2) Where a judge requests a leave of absence pursuant to subsection 54(1) to perform judicial or quasi-judicial duties for an international organization of states or an institution of such an organization, the Council may, at the request of the Minister of Justice of Canada, approve the undertaking of the duties."

After debate,

The Honourable Senator Stanbury moved, seconded by the Honourable Senator Bacon, that further debate on the motion in amendment be adjourned until the next sitting.

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

Orders No.2 and 3 were called and postponed until the next sitting.

Reports of Committees

Resuming the debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator De Bané, P.C., for the adoption of the Thirteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (amendment to the Constitution of Canada, Term 17 of the Terms of Union of Newfoundland with Canada), deposited with the Clerk of the Senate on July 17, 1996;

And on the motion in amendment of the Honourable Senator Doody, seconded by the Honourable Senator Kinsella, that the Report be not now adopted but that it be amended by deleting the words "without amendment, but with a dissenting opinion" and substituting therefor the following:

"with the following amendment:

Delete the words in paragraph (b) of Term 17 that precede subparagraph (i) and substitute therefor the words: "where numbers warrant,"".

After debate,

The Honourable Senator Lewis moved, seconded by the Honourable Senator Petten, that further debate on the motion in amendment be adjourned until the next sitting.

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

OTHER BUSINESS

Senate Public Bills

Orders No. 1 and 2 were called and postponed until the next sitting.

Second reading of Bill S-10, An Act to amend the Criminal Code (criminal organization).

The Honourable Senator Roberge moved, seconded by the Honourable Senator Cohen, that the Bill be read the second time.

After debate,

The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Poulin, that further debate on the motion be adjourned until the next sitting.

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

Order No. 4 was called and postponed until the next sitting.

Commons Public Bills

Resuming debate on the motion of the Honourable Senator Whelan, P.C., seconded by the Honourable Senator Losier-Cool, for the second reading of Bill C-216, An Act to amend the Broadcasting Act (broadcasting policy).

After debate,

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

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

Reports of Committees

Consideration of the Seventh Report of the Standing Senate Committee on Social Affairs, Science and Technology (Employment Insurance (Fishing) Regulations) presented in the Senate on October 28, 1996.

After debate,

The Honourable Senator Bosa moved, seconded by the Honourable Senator Gigantès, that further debate on the consideration of the Report be adjourned until the next sitting.

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

Resuming debate on the consideration of the Second Report of the Standing Senate Committee on Foreign Affairs (Special Study on European Relations), deposited with the Clerk of the Senate on July 18, 1996

After debate,

The Honourable Senator Berntson moved, seconded by the Honourable Senator Doyle, that further debate on the consideration of the Report be adjourned until the next sitting.

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

Orders No. 3 to 7 were called and postponed until the next sitting.

Other

Order No. 22 (motion) was called and postponed until the next sitting.

Resuming the debate on the inquiry of the Honourable Senator Johnson, calling the attention of the Senate to the state of the arts in Canada.

After debate,

The Honourable Senator Berntson for the Honourable Senator Meighen moved, seconded by the Honourable Senator Doyle, that further debate on the inquiry be adjourned until the next sitting.

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

Orders No. 13, 16, 7 and 6 (inquiries) were called and postponed until the next sitting.

Reports Deposited with the Clerk of the Senate Pursuant to Rule 28(2):

Report on the Immigration Plan for 1997, pursuant to the Immigration Act, R.S.C. 1985, c. 1-2, s. 7.-Sessional Paper No. 2/35-473.

ADJOURNMENT

The Honourable Senator Graham moved, seconded by the Honourable Senator Haidasz, P.C.:

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 Social Affairs, Science and Technology

The names of the Honourable Senators Lavoie-Roux, Andreychuk and Phillips substituted for those of the Honourable Senators Comeau, Forrestall and Simard (October 25).

The names of the Honourable Senators Perrault, Losier-Cool, and Mercier substituted for those of the Honourable Senators Rompkey, Gigantès and Perrault (October 29).

Standing Committee on Internal Economy, Budgets and Administration

The name of the Honourable Senator Mercier substituted for that of the Honourable Senator Kenny (October 29).

Standing Senate Committee on Fisheries

The name of the Honourable Senator Adams substituted for that of the Honourable Senator Mercier (October 29).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator MacDonald (Halifax) substituted for that of the Honourable Senator Spivak (October 29).


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