The Clerk informed the House of the unavoidable absence of the Speaker.

Thereupon, Mr. McClelland (Edmonton Southwest), Deputy Chairman of Committees of the Whole, took the Chair, pursuant to Standing Order 8.

PRAYERS

GOVERNMENT ORDERS

The Order was read for the consideration at report stage of Bill C-79, An Act to amend the Criminal Code (victims of crime) and another Act in consequence, as reported by the Standing Committee on Justice and Human Rights without amendment.

Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:

Group No. 1 -- Motions Nos. 1, 2, 4 and 5.

Group No. 2 -- Motion No. 3.

Group No. 1

Mr. MacKay (Pictou -- Antigonish -- Guysborough), seconded by Mr. Borotsik (Brandon -- Souris), moved Motion No. 1, -- That Bill C-79, in Clause 18, be amended by replacing line 33 on page 14 with the following:

"offence, where a victim exists, whether the victim or victims have"

Mr. Cadman (Surrey North), seconded by Mr. Duncan (Vancouver Island North), moved Motion No. 2, -- That Bill C-79, in Clause 20, be amended by replacing lines 11 and 12 on page 15 with the following:

"section 730 of an offence under this Act, the Controlled Drugs and Substances Act or the Young Offenders Act shall"

Mr. Cadman (Surrey North), seconded by Mr. Duncan (Vancouver Island North), moved Motion No. 5, -- That Bill C-79 be amended by adding before line 17 on page 19 the following new clause:

"28.1 On the later of the day this Act comes into force and the day Bill C-68 introduced in the first session of the thirty-sixth Parliament and entitled An Act in respect of criminal justice for young persons and to amend and repeal other Acts is assented to, subsection 737(1) of the Criminal Code as enacted by section 20 of this Act is replaced by the following:

737. (1) Subject to subsection (5), an offender who is convicted or discharged under section 730 of an offence under this Act, the Controlled Drugs and Substances Act or the Youth Criminal Justice Act shall pay a victim surcharge, in addition to any other punishment imposed on the offender."

Motion No. 4 was not proceeded with.

Debate arose on the motions in Group No. 1 (Motions Nos. 1, 2 and 5).

The question was put on Motions Nos. 1 and 2 and they were negatived on division.

Accordingly, Motion No. 5 was also negatived on division.

Group No. 2

Motion No. 3 was not proceeded with.

Ms. McLellan (Minister of Justice), seconded by Mr. Gagliano (Minister of Public Works and Government Services), moved, -- That Bill C-79, An Act to amend the Criminal Code (victims of crime) and another Act in consequence, be concurred in at report stage.

The question was put on the motion and it was agreed to.

Accordingly, the Bill, as amended, was concurred in at report stage.

By unanimous consent, the Order was read for the third reading of Bill C-79, An Act to amend the Criminal Code (victims of crime) and another Act in consequence.

Ms. McLellan (Minister of Justice), seconded by Mr. Gagliano (Minister of Public Works and Government Services), moved, -- That the Bill be now read a third time and do pass.

Debate arose thereon.

STATEMENTS BY MEMBERS

Pursuant to Standing Order 31, Members made statements.

ORAL QUESTIONS

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

Mr. Iftody (Parliamentary Secretary to the Minister of Indian Affairs and Northern Development) laid upon the Table, -- Documents entitled ``Implementation of the Inuvialuit Final Agreement: Annual Review'' for 1995-96 and 1996-97. -- Sessional Paper No. 8525-361-25.

Mr. Iftody (Parliamentary Secretary to the Minister of Indian Affairs and Northern Development) laid upon the Table, -- Annual Report of the Implementation Committee on the Gwich'in Comprehensive Land Claim Agreement for the fiscal year ended March 31, 1998. -- Sessional Paper No. 8525-361-26.

Mr. Iftody (Parliamentary Secretary to the Minister of Indian Affairs and Northern Development) laid upon the Table, -- Annual Report of the Implementation Committee on the Sahtu Dene and Metis Comprehensive Land Claim Agreement for the fiscal year ended March 31, 1998. -- Sessional Paper No. 8525-361-27.

Pursuant to Standing Order 32(2), Mr. Bélanger (Parliamentary Secretary to the Minister of Canadian Heritage) laid upon the Table, -- Government responses, pursuant to Standing Order 36(8), to the following petitions:

-- No. 361-1979 concerning the income tax system. -- Sessional Paper No. 8545-361-10S;

-- No. 361-2137 concerning the fishing industry. -- Sessional Paper No. 8545-361-13E;

-- No. 361-2253 concerning abortion. -- Sessional Paper No. 8545-361-60J;

-- No. 361-2257 concerning the Canada Post Corporation. -- Sessional Paper No. 8545-361-57C;

-- No. 361-2352 concerning sex offenders. -- Sessional Paper No. 8545-361-35P;

-- No. 361-2368 concerning human rights in Indonesia. -- Sessional Paper No. 8545-361-98Q;

-- Nos. 361-2373 and 361-2391 concerning gasoline additives. -- Sessional Paper No. 8545-361-93K.

Ms. Copps (Minister of Canadian Heritage) laid upon the Table, -- Copy of Canadian Brides magazine (English text only). -- Sessional Paper No. 8530-361-36.

Presenting Reports from Committees

Ms. Catterall (Ottawa West -- Nepean), from the Standing Committee on Procedure and House Affairs, presented the 75th Report of the Committee, which was as follows:

In accordance with its mandate under Standing Order 92(1), the Committee has selected from among the items for which an order of precedence was established on or after Tuesday, May 4, 1999, the following as votable items:

Bill C-405 -- Mr. Lavigne (Verdun -- Saint-Henri)

Bill C-409 -- Mrs. Redman (Kitchener Centre)

Bill C-502 -- Mr. Guimond (Beauport -- Montmorency -- Côte-de-Beaupré -- Île d'Orléans)

Motion M-97 -- Mr. Proctor (Palliser)

Motion M-292 -- Mr. Laliberte (Churchill River)

A copy of the relevant Minutes of Proceedings (Meeting No. 65) was tabled.

Pursuant to Standing Order 92(2), the report was deemed adopted.

Mr. Volpe (Eglinton -- Lawrence), from the Standing Committee on Health, presented the 6th Report of the Committee (Main Estimates 1999-2000 -- Votes 1, 5, 10, 15, 20 and 25 under HEALTH). -- Sessional Paper No. 8510-361-182.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 82 to 85) was tabled.

Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

-- by Mrs. Desjarlais (Churchill), four concerning aboriginal affairs (Nos. 361-2459 to 361-2462);

-- by Ms. Meredith (South Surrey -- White Rock -- Langley), one concerning the holding of referendums (No. 361-2463), one concerning marriage (No. 361-2464) and one concerning aboriginal affairs (No. 361-2465);

-- by Ms. Torsney (Burlington), one concerning nuclear weapons (No. 361-2466);

-- by Mr. Epp (Elk Island), two concerning the income tax system (Nos. 361-2467 and 361-2468), one concerning the Divorce Act (No. 361-2469) and one concerning marriage (No. 361-2470);

-- by Mr. Volpe (Eglinton -- Lawrence), one concerning nuclear weapons (No. 361-2471) and one concerning marriage (No. 361-2472);

-- by Mr. Hoeppner (Portage -- Lisgar), one concerning pornography (No. 361-2473).

Questions on Order Paper

Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answers to questions Q-204, Q-207 and Q-228 on the Order Paper.

GOVERNMENT ORDERS

The House resumed consideration of the motion of Ms. McLellan (Minister of Justice), seconded by Mr. Gagliano (Minister of Public Works and Government Services), -- That Bill C-79, An Act to amend the Criminal Code (victims of crime) and another Act in consequence, be now read a third time and do pass.

The debate continued.

The question was put on the motion and it was agreed to.

Accordingly, the Bill was read the third time and passed.

The Order was read for the consideration at report stage of Bill C-64, An Act to establish an indemnification program for travelling exhibitions, as reported by the Standing Committee on Canadian Heritage with amendments.

Pursuant to Standing Order 76.1(5), the Speaker selected for debate the following motion:

Mr. Dion (Minister of Intergovernmental Affairs) for Ms. Copps (Minister of Canadian Heritage), seconded by Mr. Boudria (Leader of the Government in the House of Commons), moved Motion No. 1, -- That Bill C-64, in Clause 5.1, be amended

(a) by replacing lines 28 and 29 on page 3 with the following:

"Act, be reviewed by the parliamentary committee that may be designated or"

(b) by replacing lines 36 and 37 on page 3 with the following:

"within any further time that may be authorized, submit a report to"

Debate arose on Motion No. 1.

Mr. Mark (Dauphin -- Swan River), seconded by Mr. Epp (Elk Island), moved the following amendment, -- That Motion No. 1 be amended by adding after the word ``committee'' the following:

``of the elected House''

Debate arose on the amendment to Motion No. 1.

The question was put on the amendment to Motion No. 1 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Pursuant to Standing Order 45, the recorded division was further deferred until Monday, May 31, 1999, at the ordinary hour of daily adjournment.

PRIVATE MEMBERS' BUSINESS

At 1:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

The Order was read for the consideration at report stage of Bill C-251 (former title: An Act to amend the Criminal Code and the Corrections and Conditional Release Act (cumulative sentences)), as reported by the Standing Committee on Justice and Human Rights with amendments.

Pursuant to Standing Order 76.1(5) the Speaker selected and grouped for debate the following motions:

Group No. 1 -- Motions Nos. 1 to 3.

Group No. 1

Ms. Guarnieri (Mississauga East), seconded by Mr. Nault (Kenora -- Rainy River), moved Motion No. 1, -- That Bill C-251, in the title, be amended by restoring the title thereof as follows:

"An Act to amend the Criminal Code and the Corrections and Conditional Release Act (cumulative sentences)"

Ms. Guarnieri (Mississauga East), seconded by Mr. Nault (Kenora -- Rainy River), moved Motion No. 2, -- That Bill C-251, in Clause 1, be amended by restoring Clause 1 thereof as follows:

"1. Section 271 of the Criminal Code is amended by adding the following after subsection (1):

(2) A sentence imposed on a person for an offence under subsection (1) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1)."

Ms. Guarnieri (Mississauga East), seconded by Mr. Nault (Kenora -- Rainy River), moved Motion No. 3, -- That Bill C-251, in Clause 2, be amended by restoring Clause 2 thereof as follows:

"2. Section 120 of the Corrections and Conditional Release Act is amended by adding the following after subsection (2):

(2.1) The portion of a sentence of imprisonment for life that a person who has been convicted of first degree murder or second degree murder must serve before the person may be released on full parole is, subject to subsection (2.2), that provided for in section 745 or 745.1 of the Criminal Code and, in addition, where the person is under another sentence of imprisonment in respect of another offence arising out of the same event or series of events or under any other sentence at the time the sentence of imprisonment for life is imposed on the person, the lesser of one third of any other sentence of imprisonment and seven years.

(2.2) Where a person is sentenced to a term of imprisonment for life for first degree murder or second degree murder after being sentenced to a term of imprisonment for life in respect of another first degree murder or second degree murder not arising out of the same event or series of events, the portion of the sentence that the person must serve before the person may be released on full parole is that provided for in section 745 or 745.1 of the Criminal Code and shall be added to the portion of the sentence that the person must serve under that section in respect of the other conviction for first degree murder or second degree murder."

Debate arose on the motions in Group No. 1 (Motions Nos. 1 to 3).

Mr. Jordan (Leeds -- Grenville), seconded by Mr. Nault (Kenora -- Rainy River), moved the following amendment, -- That Motion No. 2 be amended by replacing subsection (2) with the following:

"(2) Subject to subsections (3) and (4), a sentence imposed on a person for an offence under subsection (1) shall be served consecutively to any other sentence for an offence under subsection (1) or section 272 or 273 to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1), unless the judge who sentences the person is satisfied that the serving of that sentence consecutively would be inconsistent with the principles of sentencing contained in section 718 to 718.2 of the Criminal Code, in which case the judge may order that the sentence be served concurrently.

(3) In deciding whether to make an order under subsection (2), the court shall have regard to

(a) the nature of the offence;

(b) the circumstance surrounding the commission of the offence;

(c) the degree of physical or emotional harm suffered by the victim arising from the commission of the offence;

(d) whether the offender abused a position of trust, power of authority in the commission of the offence;

(e) the criminal record of the offender; and

(f) the attitude of the offender respecting the offence committed by the offender.

(4) Where the court makes an order under subsection (3), the court shall give both oral and written reasons for that order."

Mr. Jordan (Leeds -- Grenville), seconded by Mr. Nault (Kenora -- Rainy River), moved the following amendment, -- That Motion No. 3 be amended by replacing subsection (2.2) with the following:

"(2.2) Subject to subsections (2.3), (2.4) and (2.5), where a judge sentences a person to a term of imprisonment for life for first degree murder or second degree murder and the person is at the time the sentence is imposed, subject to a sentence of imprisonment for life for another first degree murder or second degree murder, the judge may order that the person shall, in addition to the parole ineligibility period referred to in section 745 or 745.1 of the Criminal Code to which the person is subject in respect of the conviction for the other first degree murder or second degree murder or the remaining portion of that period, as the case may be, serve on the expiry of that period or remaining portion of that period, a further period not exceeding twenty-five years in respect of the first degree murder or second degree murder for which the judge is sentencing the person.

(2.3) Where a person is required to serve more than one further parole ineligibility period referred to in subsection (2.2), the periods shall be served consecutively but in no case shall total period of parole ineligibility exceed 50 years.

(2.4) In deciding whether to order a further period of parole ineligibility under (2.2) and in deciding the length of that period, the sentencing judge shall have regard to whether the total period of parole ineligibility would adequately denounce the murder and whether it would adequately acknowledge the harm done to the victim.

(2.5) Where the court does not make an order under subsection (2.3), the court shall, orally and in writing, explain why it did not make that order."

The debate continued on the motions in Group No. 1 (Motions Nos. 1 to 3).

The question was put on the amendment to Motion No. 2 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on the amendment to Motion No. 3 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 1 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Pursuant to Standing Order 76.1(8), the House proceeded to the taking of the deferred recorded divisions at report stage of C-251 (former title: An Act to amend the Criminal Code and the Corrections and Conditional Release Act (cumulative sentences)), as reported by the Standing Committee on Justice and Human Rights with amendments.

Pursuant to Standing Order 45, the recorded divisions were further deferred until Monday, May 31, 1999, at the ordinary hour of daily adjournment.

RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE

Pursuant to Standing Order 32(1), papers deposited with the Clerk of the House were laid upon the Table as follows:

-- The Acting Speaker -- Minutes of Proceedings of the Board of Internal Economy of the House of Commons for April 27 and 29, 1999. -- Sessional Paper No. 8527-361-49.

-- by Mr. Collenette (Minister of Transport) -- Report on Transportation in Canada for the year 1998, pursuant to the Canada Transportation Act, S. C. 1996, c. 10, sbs. 52(1). -- Sessional Paper No. 8560-361-79B. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Transport)

ADJOURNMENT

At 2:18 p.m., the Acting Speaker adjourned the House until Monday at 11:00 a.m., pursuant to Standing Order 24(1).