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HOUSE OF COMMONS OF CANADA
36th PARLIAMENT, 1st SESSION


JOURNALS

No. 030

Friday, November 7, 1997

10:00 a.m.



PRAYERS

GOVERNMENT ORDERS

Pursuant to Order made Wednesday, November 5, 1997, the Order was read for the consideration at report stage of Bill C-16, An Act to amend the Criminal Code and the Interpretation Act (powers to arrest and enter dwellings), as reported by the Standing Committee on Justice and Human Rights with an amendment.

Pursuant to Standing Order 76(5), the Speaker selected and grouped for debate the following motions:

      Group No. 1 -- Motion No. 1.
      Group No. 2 -- Motions Nos. 2, 4 and 6.
      Group No. 3 -- Motions Nos. 3 and 5.

Group No. 1

Mr. MacKay (Pictou -- Antigonish -- Guysborough), seconded by Ms. St- Jacques (Shefford), moved Motion No. 1, -- That Bill C-16, in Clause 2, be amended by replacing lines 36 to 45 on page 5 and lines 1 and 2 on page 6 with the following:

      ``529.5 A warrant under section 529.1 or an authorization under section 529 or 529.4 may be issued on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with any modifications that the circumstances require, to the warrant or authorization.''
      Debate arose on the motion in Group No. 1.
      The question was put on Motion No. 1 and it was negatived on division.

itGroup No. 2ro

Mr. MacKay (Pictou -- Antigonish -- Guysborough) ), seconded by Ms. St-Jacques (Shefford), moved Motion No. 2, -- That Bill C-16, in Clause 2, be amended by adding after line 2 on page 6 the following:

      ``529.6 For the application of section 529 to 529.5 inclusive, and without referring to the Interpretation Act, the word ``dwelling-house'' shall be deemed to include ``dwelling- houses'' when the circumstances arise.''

Mr. MacKay (Pictou -- Antigonish -- Guysborough), seconded by Ms. St-Jacques (Shefford), moved Motion No. 4, -- That Bill C-16, in Clause 3, be amended by

    (a) replacing line 27 on page 7 with the following:
      ``house or houses);''
    (b) replacing line 29 on page 7 with the following:
      ``to enter the dwelling-house or houses for the purpose of''
    (c) replacing lines 32 and 33 on page 7 with the following:
      ``dwelling-house or houses unless you have, immediately before entering the dwelling-house or houses, reason-''
    (d) replacing line 36 on page 7 with the following:
      ``dwelling-house or houses.''

MacKay (Pictou -- Antigonish -- Guysborough), seconded by Ms. St- Jacques (Shefford), moved Motion No. 6, -- That Bill C-16, in Clause 3, be amended by

    (a) replacing line 21 on page 8 with the following:
      ``in (here describe dwelling-house or houses);''
    (b) replacing line 23 on page 8 with the following:
      ``enter the dwelling house or houses for the purpose of ar-''

Debate arose on the motions in Group No. 2.

The question was put on Motion No. 2 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motions Nos. 4 and 6, was deferred.

Group No. 3

Mr. MacKay (Pictou -- Antigonish -- Guysborough), seconded by Ms. St-Jacques (Shefford), moved Motion No. 3, -- That Bill C-16, in Clause 3, be amended by adding after line 10 on page 6 the following:

    ``or a person with the following description (....),''

Mr. MacKay (Pictou -- Antigonish -- Guysborough), seconded by Ms. St-Jacques (Shefford), moved Motion No. 5, -- That Bill C-16, in Clause 3, be amended by replacing line 7 on page 8 with the following:

    ``of A.B., or a person with the following description (....),''

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

Pursuant to Standing Order 32(2), Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, -- Orders in Council approving certain appointments made by the Governor General in Council, pursuant to Standing Order 110(1), as follows:

-- P.C. 1997-1550. -- Sessional Paper No. 8540-361-2B. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Agriculture and Agri-Food)

-- P.C. 1997-1511, P.C. 1997-1512, P.C. 1997-1513, P.C. 1997-1514, P.C. 1997-1515 and P.C. 1997-1516. -- Sessional Paper No. 8540-361-14D. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Citizenship and Immigration)

-- P.C. 1997-1491. -- Sessional Paper No. 8540-361-10B. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Fisheries and Oceans)

-- P.C. 1997-1503, P.C. 1997-1504, P.C. 1997-1505, P.C. 1997-1506, P.C. 1997-1507, P.C. 1997-1508, P.C. 1997-1509 and P.C. 1997-1510. -- Sessional Paper No. 8540-361-16B. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Human Resources Development and the Status of Persons with Disabilities)

-- P.C. 1997-1502. -- Sessional Paper No. 8540-361-24D. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Transport)

Presenting Reports from Committees

Mr. Paradis (Brome -- Missisquoi), from the Special Joint Committee to amend Section 93 of the Constitution Act, 1867, concerning the Quebec School System, presented the Report of the Committee. -- Sessional Paper No. 8510-361-8.

A copy of the relevant Minutes of Proceedings (Meeting Nos. 1 to 18) was tabled.


Mr. Bellemare (Carleton -- Gloucester) for Ms. Whelan (Essex), from the Standing Committee on Industry, presented the 1st Report of the Committee (Bill C-11, An Act respecting the imposition of duties of customs and other charges, to give effect to the International Convention on the Harmonized Commodity Description and Coding System, to provide relief against the imposition of certain duties of customs or other charges, to provide for other related matters and to amend or repeal certain Acts in consequence thereof), with amendments). -- Sessional Paper No. 8510- 361-9.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 7 and 8) was tabled.


Mr. Bellemare (Carleton -- Gloucester) for Ms. Whelan (Essex), from the Standing Committee on Industry, presented the 2nd Report of the Committee (Bill C-10, An Act to implement a convention between Canada and Sweden, a convention between Canada and the Republic of Lithuania, a convention between Canada and the Republic of Kazakhstan, a convention between Canada and the Republic of Iceland and a convention between Canada and the Kingdom of Denmark for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and to amend the Canada-Netherlands Income Tax Convention Act, 1986 and the Canada-United States Tax Convention Act, 1984), without amendment). -- Sessional Paper No. 8510-361-10.

A copy of the relevant Minutes of Proceedings (Meeting No. 9) was tabled.


Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons), from the Standing Committee on Procedure and House Affairs, presented the 10th Report of the Committee, which was as follows:

      The Committee recommends, pursuant to Standing Orders 104 and 114, that the following Member be added to the list of Associate Members of the Standing Committee on Canadian Heritage:

Peter MacKay

    A copy of the relevant Minutes of Proceedings was tabled.

Mr. McGuire (Egmont), from the Standing Committee on Agriculture and Agri-Food, presented the 1st Report of the Committee (Bill C-4, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts), with amendments). -- Sessional Paper No. 8510-361-11.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 2 to 9) was tabled.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Elley (Nanaimo -- Cowichan), seconded by Mr. McNally (Dewdney -- Alouette), Bill C-277, An Act to require a referendum on the restoration of the death penalty as a sentencing option and to amend the Referendum Act, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.


Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Breitkreuz (Yorkton -- Melville), seconded by Mr. MacKay (Pictou -- Antigonish -- Guysborough), Bill C- 278, An Act to provide for the expiry of gun control legislation that is not proven effective within five years of coming into force, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.


Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Kenney (Calgary Southeast), seconded by Mr. Anders (Calgary West), Bill C-279, An Act to promote the observance of two minutes of silence on Remembrance Day, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Motions

By unanimous consent, Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons), seconded by Mr. McCormick (Hastings -- Frontenac -- Lennox and Addington), moved, -- That the 10th Report of the Standing Committee on Procedure and House Affairs, presented earlier today, be concurred in.

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


By unanimous consent, Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons), seconded by Mr. McCormick (Hastings -- Frontenac -- Lennox and Addington), moved, -- That the name of Don Boudria be added to the list of Associate Members of the Standing Committee on Procedure and House Affairs.

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

Presenting Petitions

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

-- by Mr. McGuire (Egmont), one concerning nudity (No. 361-0166);

-- by Mr. Jaffer (Edmonton -- Strathcona), one concerning the Controlled Drugs and Substances Act (No. 361- 0167);

-- by Mr. Szabo (Mississauga South), one concerning alcoholic beverages (No. 361-0168), one concerning police and firefighters' death benefits (No. 361-0169) and one concerning the income tax system (No. 361-0170);

-- by Mr. Riis (Kamloops), one concerning euthanasia (No. 361-0171), one concerning the tax system (No. 361-0172), one concerning crimes of violence (No. 361-0173) and one concerning taxes on books (No. 361-0174);

-- by Mr. Grewal (Surrey Central), one concerning the abduction of children from Canada by a parent (No. 361-0175).

GOVERNMENT ORDERS

The House resumed consideration at report stage of Bill C-16, An Act to amend the Criminal Code and the Interpretation Act (powers to arrest and enter dwellings), as reported by the Standing Committee on Justice and Human Rights with an amendment;

And of the motions in Group No. 3 (Motions Nos. 3 and 5).

The debate continued on the motions in Group No. 3.

By unanimous consent, he House resumed consideration of the motions in Group No. 2 (Motions Nos. 2, 4 and 6).

By unanimous consent the Order made earlier today pursuant to Standing Order 76.1(8) respecting a deferred recorded division on Motion No. 2 was discharged.

The question was put on Motion No. 2 and it was negatived on division.

Accordingly, Motions Nos. 4 and 6 were also negatived on the same division.

The House resumed consideration of the motions in Group No. 3 (Motions Nos. 3 and 5).


The question was put on Motion No. 3 and it was negatived on division.

By unanimous consent, the question was also put on Motion No. 5 and it was agreed to on division.

Mr. Massé (President of the Treasury Board) for Ms. McLellan (Minister of Justice), seconded by Mr. Dhaliwal (Minister of National Revenue), proposed, -- That Bill C-16, An Act to amend the Criminal Code and the Interpretation Act (powers to arrest and enter dwellings), as amended, be concurred in at report stage, with a further amendment.

Accordingly, the Bill, as amended, was concurred in at report stage with a further amendment and, pursuant to Order made Wednesday, November 5, 1997, ordered for a third reading later today.

The Order was read for third reading of Bill C-16, An Act to amend the Criminal Code and the Interpretation Act (powers to arrest and enter dwellings).

Mr. Massé (President of the Treasury Board) for Ms. McLellan (Edmonton West), seconded by Mr. Dhaliwal (Minister of National Revenue), moved, -- That the Bill be now read a third time and do pass.

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

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

PRIVATE MEMBERS' BUSINESS

At 12:52, by unanimous consent, the House proceeded to the consideration of Private Members' Business.

Mr. Elley (Nanaimo -- Cowichan), seconded by Mr. McNally (Dewdney -- Alouette), moved, -- That, in the opinion of this House, the government should support equality among the provinces and Canadians in general by ensuring that no province be recognized as a distinct society within the Constitution of Canada. (Private Members' Business M-26)

Debate arose thereon.

Pursuant to Standing Order 96(1), the Order was dropped from the Order Paper.

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:

-- by Mr. Scott (Solicitor General of Canada) -- Report of the Correctional Investigator for 1996-1997, pursuant to the Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 192. -- Sessional Paper No. 8560-361-72. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)

-- by Mrs. Stewart (Minister of the Environment) -- Reports of the Department of the Environment for the fiscal year ended March 31, 1997, pursuant to the Access to Information Act and to the Privacy Act, R. S. 1985, c. A-1 and P-21, sbs. 72(2). -- Sessional Paper No. 8561-361-698. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)

ADJOURNMENT

At 1:54 p.m., the Speaker adjourned the House until Monday, November 17, 1997, at 11:00 a.m., pursuant to Standing Orders 28(2) and 24(1).