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45 Elizabeth II, A.D. 1996, Canada

Journals of the Senate

Issue 54

Wednesday, November 27, 1996
1:30 p.m.

The Honourable Gildas L. Molgat, Speaker

The Members convened were:

The Honourable Senators

Adams Anderson Andreychuk Atkins Beaudoin Berntson Bolduc Bonnell Bosa Bryden Buchanan Carney Carstairs Cogger Cohen Comeau Cools De Bané DeWare Di Nino Doody Doyle Eyton Fairbairn Forest Forrestall Ghitter Gigantès Grafstein Graham Grimard Gustafson Haidasz Hébert Hervieux-Payette Jessiman Kelly Kenny Keon Kinsella Kirby Landry
Lavoie-Roux Lawson LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Marchand Meighen Mercier Milne Molgat Moore Murray Nolin Oliver Ottenheimer Pearson Perrault Petten Pitfield Poulin Prud'homme Riel Rivest Rizzuto Robertson Robichaud Rompkey Rossiter St. Germain Simard Sparrow Spivak Stanbury Stewart Stollery Stratton Tkachuk Twinn Watt Whelan Wood

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Graham tabled the following:

Regulations pursuant to Section 118 of the Firearms Act.-Sessional Paper No. 2/35-516.
(Pursuant to sub-section 18(3) of the Firearms Act, referred to the Standing Senate Committee on Legal and Constitutional Affairs.)

Presentation of Reports from Standing or Special Committees

The Honourable Senator Ghitter, Chairman of the Standing Senate Committee on Energy, the Environment and Natural Resources, tabled its Fourth Report (Interim) (current and future issues and challenges in the oil and gas industry).-Sessional Paper No. 2/35-517S.

The Honourable Senator Ghitter moved, seconded by the Honourable Senator Stratton, 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.

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-63, An Act to amend the Canada Elections Act, the Parliament of Canada Act and the Referendum Act, to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Graham moved, seconded by the Honourable Senator Robichaud, P.C., that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, December 3, 1996.

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

Introduction and First Reading of Senate Public Bills

The Honourable Senator Carstairs presented a Bill S-13, An Act to amend the Criminal Code (protection of health care providers).

The Bill was read the first time.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Berntson, that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, December 3, 1996.

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.

Second reading of Bill C-41, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Canada Shipping Act.

The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Mercier, that the Bill be read the second time.

After debate,

The Honourable Senator Jessiman 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.

Second reading of Bill C-68, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1997.

The Honourable Senator Gigantès moved, seconded by the Honourable Senator Landry, 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 Graham moved, seconded by the Honourable Senator Gigantès, 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.

Reports of Committees

Resuming 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,";"

And on the sub-amendment of the Honourable Senator Cogger, seconded by the Honourable Senator Bolduc, that the motion in amendment be amended by substituting for the words "with the following amendment:" the words "with the following amendments: (a)" and by removing the period at the end thereof and adding the following words:

"; and

(b) Delete the words "to direct" in paragraph (c) of Term 17 and substitute therefor the words "to determine and to direct"."

After debate,

Pursuant to the Order adopted on November 7, 1996, a recorded division was deferred until 5:00 p.m. today.

OTHER BUSINESS

Senate Public Bills

Second reading of Bill S-12, An Act providing for self-government by the first nations of Canada.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Twinn, that the Bill be read the second time.

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

After debate,

The Speaker reserved his decision.

DEFERRED DIVISIONS

At 5:00 p.m., the Senate proceeded to the taking of the deferred division on the sub-amendment of the Honourable Senator Cogger to the motion in amendment of the Honourable Senator Doody to 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).

The question was put on the sub-amendment of the Honourable Senator Cogger, seconded by the Honourable Senator Bolduc, that the motion in amendment be amended by substituting for the words "with the following amendment:" the words "with the following amendments: (a)" and by removing the period at the end thereof and adding the following words:

"; and

(b) Delete the words "to direct" in paragraph (c) of Term 17 and substitute therefor the words "to determine and to direct"."

The sub-amendment was adopted on the following division:

YEAS

The Honourable Senators

Andreychuk Atkins Beaudoin Berntson Bolduc Buchanan Carney Cogger Cohen Comeau Cools DeWare Di Nino Doody Doyle Eyton Forrestall Ghitter Grimard Gustafson Jessiman Kelly Keon Kinsella Kirby Lavoie-Roux LeBreton Lynch-Staunton MacDonald (Halifax) Meighen Murray Nolin Oliver Ottenheimer Pitfield Prud'homme Rivest Robertson Rossiter St. Germain Simard Sparrow Spivak Stratton Tkachuk Twinn Wood-47

NAYS

The Honourable Senators

Adams Anderson Bonnell Bosa Bryden Carstairs De Bané Fairbairn Forest Gigantès Grafstein Graham Hébert Hervieux-Payette Kenny Landry Lewis Losier-Cool Maheu Marchand Mercier Milne Moore Pearson Perrault Petten Poulin Riel Robichaud Rompkey Stanbury Stewart Stollery Watt Whelan-35

ABSTENTIONS

The Honourable Senators

Nil

The question was put on the motion in amendment, as amended, 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 amendments:

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

(b) Delete the words "to direct" in paragraph (c) of Term 17 and substitute therefor the words "to determine and to direct"."

The motion in amendment was adopted on the following division:

YEAS

The Honourable Senators

Andreychuk Atkins Beaudoin Berntson Bolduc Buchanan Carney Cogger Cohen Comeau Cools DeWare Di Nino Doody Doyle Eyton Forrestall Ghitter Grimard Gustafson Jessiman Kelly Keon Kinsella Kirby Lavoie-Roux LeBreton Lynch-Staunton MacDonald (Halifax) Meighen Murray Nolin Oliver Ottenheimer Pitfield Prud'homme Rivest Robertson Rossiter St. Germain Simard Sparrow Spivak Stratton Tkachuk Twinn Wood-47

NAYS

The Honourable Senators

Adams Anderson Bonnell Bosa Bryden Carstairs De Bané Fairbairn Forest Gigantès Grafstein Graham Hébert Hervieux-Payette Kenny Landry Lewis Losier-Cool Maheu Marchand Mercier Milne Moore Pearson Perrault Petten Poulin Riel Robichaud Rompkey Stanbury Stewart Stollery Watt Whelan-35

ABSTENTIONS

The Honourable Senators

Nil

The question was then put 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, as amended, 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).

The motion was adopted on the following division:

YEAS

The Honourable Senators

Atkins Beaudoin Berntson Bolduc Buchanan Carney Cogger Cohen Comeau Cools DeWare Di Nino Doody Doyle Eyton Forrestall Ghitter Grimard Gustafson Jessiman Kelly Keon Kinsella Kirby Lavoie-Roux LeBreton Lynch-Staunton MacDonald (Halifax) Meighen Murray Nolin Oliver Ottenheimer Pitfield Prud'homme Rivest Robertson Rossiter St. Germain Simard Sparrow Spivak Stratton Tkachuk Twinn Wood-46

NAYS

The Honourable Senators

Adams Anderson Bonnell Bosa Bryden Carstairs De Bané Fairbairn Forest Gigantès Grafstein Graham Hébert Hervieux-Payette Kenny Landry Lewis Losier-Cool Maheu Marchand Mercier Milne Moore Pearson Perrault Petten Poulin Riel Robichaud Rompkey Stanbury Stewart Stollery Watt Whelan-35

ABSTENTIONS

The Honourable Senators

Andreychuk-1

__________________________________

With leave,

The Senate reverted to Order No. 2 under GOVERNMENT BUSINESS, Bills.

Resuming debate on the motion of the Honourable Senator Losier-Cool, seconded by the Honourable Senator Mercier, for the second reading of Bill C-41, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Canada Shipping Act.

After debate,

The Honourable Senator Jessiman 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.

OTHER BUSINESS

Senate Public Bills

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

Commons Public Bills

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

Second reading of Bill C-347, An Act to change the names of certain electoral districts.

The Honourable Senator Bolduc moved, seconded by the Honourable Senator Berntson, 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 Bolduc moved, seconded by the Honourable Senator Berntson, 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.

Reports of Committees

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

Consideration of the Fourth Report of the Standing Senate Committee on Foreign Affairs (budget-study on Canada's relation with the Asia Pacific region) presented to the Senate on November 25, 1996.

The Honourable Senator Stewart moved, seconded by the Honourable Senator Lewis, that the Report be adopted.

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

Orders No. 3 to 6 were called and postponed until the next sitting.

Order No. 7 was called and pursuant to Rule 27(3) was dropped from the Order Paper.

Other

Orders No. 13, 18, 15 (inquiries) and 22 (motion) were called and postponed until the next sitting.

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

Report of the Auditor General to the House of Commons, Volume 3, dated November 1996, pursuant to the Auditor General Act, S.C. 1994, c. 32, sbs. 7(5).-Sessional Paper No. 2/35-515.

ADJOURNMENT

The Honourable Senator Graham moved, seconded by the Honourable Senator Marchand, 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 Fisheries

The name of the Honourable Senator Bryden substituted for that of the Honourable Senator Stewart (November 26).

The name of the Honourable Senator Stewart substituted for that of the Honourable Senator Bryden (November 27).

Standing Senate Committee on Social Affairs, Science and Tech nology

The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Cools (November 27).

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