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HOUSE OF COMMONS OF CANADA
36th PARLIAMENT, 2nd SESSION


JOURNALS

No. 111

Friday, June 9, 2000

10:00 a.m.



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

Thereupon, Ms. Thibeault (Saint-Lambert), Assistant 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-19, An Act respecting genocide, crimes against humanity and war crimes and to implement the Rome Statute of the International Criminal Court, and to make consequential amendments to other Acts, as reported by the Standing Committee on Foreign Affairs and International Trade with amendments.

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

Group No. 1 -- Motions Nos. 1, 3, 4 and 7.

Group No. 2 -- Motions Nos. 2, 5, 6, 8 and 9.

Group No. 1

Mr. Turp (Beauharnois -- Salaberry), seconded by Ms. Lalonde (Mercier), moved Motion No. 1, -- That Bill C-19, in Clause 2, be amended by adding after line 19 on page 1 the following:

    ""Minister", in relation to any provision of this Act, means such member of the Queen's Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of that provision."

Mr. Turp (Beauharnois -- Salaberry), seconded by Ms. Lalonde (Mercier), moved Motion No. 3, -- That Bill C-19 be amended by adding after line 14 on page 2 the following new clause:

      "3.1 The Governor in Council may, by order, designate any member of the Queen's Privy Council for Canada to be the Minister for the purposes of any provision of this Act."

Mr. Turp (Beauharnois -- Salaberry), seconded by Ms. Lalonde (Mercier), moved Motion No. 4, -- That Bill C-19 be amended by adding after line 14 on page 2 the following new clause:

      "3.1 The Minister may designate any person to exercise the powers and perform the duties and functions of the Minister under this Act that are specified in the designation and on that designation that person may exercise those powers and shall perform those duties and functions subject to such terms and conditions, if any, as are specified in the designation."

Mr. Turp (Beauharnois -- Salaberry), seconded by Ms. Lalonde (Mercier), moved Motion No. 7, -- That Bill C-19 be amended by adding after line 14 on page 22 the following new clause:

      "32.1 The Minister shall prepare an annual report with respect to the implementation of this Act and shall cause a copy of the report to be laid before the House of Commons within three months after the end of each financial year or, if the House is not then sitting, on any of the first fifteen days next thereafter that it is sitting."

Debate arose on the motions in Group No. 1.

The question was put on Motion No. 1 and it was negatived on division.

Accordingly, Motions Nos. 3 and 7 were also negatived on division and the question was not put on Motion No. 4.

Group No. 2

Mr. Turp (Beauharnois -- Salaberry), seconded by Ms. Lalonde (Mercier), moved Motion No. 2, -- That Bill C-19 be amended by adding after line 12 on page 2 the following new clause:

      "2.1 The purpose of this Act is to implement Canada's obligations under the Rome Statute."

Mr. Turp (Beauharnois -- Salaberry), seconded by Ms. Lalonde (Mercier), moved Motion No. 5, -- That Bill C-19, in Clause 8, be amended by replacing lines 30 to 43 on page 9 and lines 1 to 6 on page 10 with the following:

      "8. A person who is alleged to have committed an offence under section 6 or 7 may be prosecuted for that offence if, at the time the offence is alleged to have been committed, Canada could exercise jurisdiction over the person."

Mr. Turp (Beauharnois -- Salaberry), seconded by Ms. Lalonde (Mercier), moved Motion No. 6, -- That Bill C-19 be amended by adding after line 2 on page 11 the following new clause:

      "11.1 For greater certainty, in proceedings for an offence under any of sections 4 to 7, an accused who formerly occupied a position as a Head of State or government, member of a Government or parliament, elected representative or government official and who, at the time of the proceedings, no longer occupies that position, may not rely on immunities or special procedural rules that may attach, by virtue of statute law or common law, to the official capacity of the person."

Mr. Turp (Beauharnois -- Salaberry), seconded by Ms. Lalonde (Mercier), moved Motion No. 8, -- That Bill C-19 be amended by adding after line 14 on page 22 the following new clause:

      "32.1 A certificate issued by the Minister of Foreign Affairs stating that at a certain time a state of war or armed conflict existed between Canada and the state named therein is admissible in evidence in any proceedings in respect of an act or omission that constitutes an offence under this Act and is conclusive proof of the facts so stated."

Mr. Turp (Beauharnois -- Salaberry), seconded by Ms. Lalonde (Mercier), moved Motion No. 9, -- That Bill C-19, in Clause 70, be amended by replacing lines 23 and 24 on page 37 with the following:

    "of the Extradition Act, the Visiting Forces Act, the Crimes Against Humanity and War Crimes Act or the Foreign Missions and International"

Debate arose on the motions in Group No. 2.

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. Bertrand (Parliamentary Secretary to the Minister of National Defence) laid upon the table, -- Summary of the Corporate Plan and Operations and Capital budgets for the period 1999-2002 of the Canada Council of the Arts. -- Sessional Paper No. 8562-362-854- 01.


Pursuant to Standing Order 32(2), Mr. Lee (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, -- Government responses, pursuant to Standing Order 36(8), to the following petitions:

-- Nos. 362-1211 and 362-1212 concerning the Canadian Charter of Rights and Freedoms. -- Sessional Paper No. 8545-362-18-29;

-- No. 362-1224 concerning breast cancer. -- Sessional Paper No. 8545-362-65-12;

-- Nos. 362-1228 and 362-1236 concerning the labelling of food products. -- Sessional Paper No. 8545-362-29-17;

-- No. 362-1229 concerning the mistreatment of animals. -- Sessional Paper No. 8545-362-36-05;

-- Nos. 362-1230, 362-1231, 362-1232, 362-1233 and 362-1235 concerning marriage. -- Sessional Paper No. 8545-362-28-19;

-- No. 362-1234 concerning pornography. -- Sessional Paper No. 8545-362-81-14.

Presenting Reports from Committees

Mr. Keyes (Hamilton West), from the Standing Committee on Transport, presented the Third Report of the Committee (Bill C-34, An Act to amend the Canada Transportation Act, with an amendment). -- Sessional Paper No. 8510-362-86.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 59 to 65) was tabled.


Mr. Grose (Oshawa), from the Standing Committee on Justice and Human Rights, presented the Sixth Report of the Committee (Bill C-18, An Act to amend the Criminal Code (impaired driving causing death and other matters), without amendment). -- Sessional Paper No. 8510-362-87.

A copy of the relevant Minutes of Proceedings (Meeting No. 57) was tabled.


Mr. Lee (Scarborough -- Rouge River), from the Standing Committee on Procedure and House Affairs, presented the 34th Report of the Committee (issue of the confidentiality of the work of the legislative counsel). -- Sessional Paper No. 8510-362-88.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 32 to 35, 42 and 44 to 47) was tabled.


Mr. Lee (Scarborough -- Rouge River), from the Standing Committee on Procedure and House Affairs, presented the 35th Report of the Committee, which was as follows:

      The Committee recommends, pursuant to Standing Orders 104 and 114, the following change in the membership of the Standing Committee on Environment and Sustainable Development:

Aileen Carroll for Walt Lastewka

      The Committee further recommends that where a Member is appointed as permanent member to a Committee in accordance with this report and to which he was previously appointed Associate Member, the name of the Member be struck from the list of Associate Members of the said Committee.

A copy of the relevant Minutes of Proceedings (Meeting No. 47) was tabled.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Solomon (Regina -- Lumsden -- Lake Centre), seconded by Mr. Martin (Winnipeg Centre), Bill C-488, An Act to establish the Energy Price Commission, 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, it was resolved, -- That the 35th Report of the Standing Committee on Procedure and House Affairs, presented earlier today, be concurred in.

Presenting Petitions

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

-- by Ms. Girard-Bujold (Jonquière), one concerning oil products (No. 362-1394) and one concerning plutonium (No. 362-1395);

-- by Ms. Jennings (Notre-Dame-de-Grâce -- Lachine), one concerning pesticides (No. 362-1396);

-- by Mr. Earle (Halifax West), two concerning health care services (Nos. 362-1397 and 362-1398) and one concerning organ transplants (No. 362-1399);

-- by Mr. Harb (Ottawa Centre), one concerning the Divorce Act (No. 362-1400);

-- by Mr. Fournier (Manicouagan), one concerning the employment insurance program (No. 362-1401);

-- by Mr. Martin (Winnipeg Centre), one concerning health care services (No. 362-1402);

-- by Mr. Solomon (Regina -- Lumsden -- Lake Centre), one concerning the criminal justice system (No. 362-1403).

GOVERNMENT ORDERS

The House resumed consideration at report stage of Bill C-19, An Act respecting genocide, crimes against humanity and war crimes and to implement the Rome Statute of the International Criminal Court, and to make consequential amendments to other Acts, as reported by the Standing Committee on Foreign Affairs and International Trade with amendments;

And of the motions in Group No. 2 (Motions Nos. 2, 5, 6, 8 and 9).

The debate continued on the motions in Group No. 2.

The question was put on Motions Nos. 2, 5, 6, 8 and 9 and they were negatived on division.

Ms. Robillard (President of the Treasury Board and Minister responsible for Infrastructure) for Mr. Axworthy (Minister of Foreign Affairs), seconded by Ms. Caplan (Minister of Citizenship and Immigration), moved, -- That Bill C-19, An Act respecting genocide, crimes against humanity and war crimes and to implement the Rome Statute of the International Criminal Court, and to make consequential amendments to other Acts, as amended, be concurred in at report stage.

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

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


The Order was read for the consideration at report stage of Bill C-27, An Act respecting the national parks of Canada, as reported by the Standing Committee on Canadian Heritage with amendments.

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

Group No. 1 -- Motions Nos. 1 to 5, 10 and 13.

Group No. 2 -- Motions Nos. 6, 7, 11, 12 and 15.

Group No. 3 -- Motions Nos. 8 and 9.

Group No. 4 -- Motion No. 14.

Group No. 1

Mr. Mark (Dauphin -- Swan River), seconded by Mr. Epp (Elk Island), moved Motion No. 1, -- That Bill C-27, in Clause 5, be amended by replacing line 28 on page 3 with the following:

    "(b) the government of the province and the local government body in which"

Mr. Mark (Dauphin -- Swan River), seconded by Mr. Epp (Elk Island), moved Motion No. 2, -- That Bill C-27, in Clause 6, be amended by replacing line 41 on page 3 with the following:

    "province and the local government body in which the lands to be included in"

Mr. Laliberte (Churchill River), seconded by Mr. Earle (Halifax West), moved Motion No. 3, -- That Bill C-27, in Clause 8, be amended by adding after line 13 on page 5 the following:

      "(3) For the purposes of maintaining or restoring ecological integrity, the Minister shall, where applicable,
    (a) work cooperatively with federal and provincial ministers and agencies, local and aboriginal governments and organizations, bodies established under land claims agreements, representatives of park communities, private organizations, individuals and landowners in or adjacent to a park; and
    (b) participate in the development and implementation of processes and programs that may reasonably be expected to affect ecological integrity, including research, education, land use planning and environmental assessments."

Mr. Mark (Dauphin -- Swan River), seconded by Mr. Epp (Elk Island), moved Motion No. 4, -- That Bill C-27, in Clause 10, be amended by adding before line 1 on page 6 the following:

      "(2.1) An agreement entered into pursuant to paragraph (2)(b) must take into account any traditional supply of water from the park."

Mr. Mark (Dauphin -- Swan River), seconded by Mr. Epp (Elk Island), moved Motion No. 5, -- That Bill C-27, in Clause 12, be amended by adding after line 30 on page 6 the following:

      "(1.1) For greater certainty, the Minister shall provide opportunities for public participation in respect of
    (a) the determination of an increase in fees, rates, rents and other charges for the use of park resources and facilities, and
    (b) the control of access to parks by air."

Mr. Mark (Dauphin -- Swan River), seconded by Mr. Epp (Elk Island), moved Motion No. 10, -- That Bill C-27, in Clause 33, be amended by adding after line 38 on page 22 the following:

      "(1.1) A person who is a member of or who has a proprietary interest in the lands included in the park community is entitled to a reasonable opportunity to be consulted and make representations in respect of the development and approval of the community plan for the park community."

Mr. Laliberte (Churchill River), seconded by Mr. Earle (Halifax West), moved Motion No. 13, -- That Bill C-27, in Clause 40, be amended

    (a) by replacing line 41 on page 26 with the following:
        "40. (1) The application of this Act to a park"
    (b) by adding after line 44 on page 26 the following:
      "(2) The application of this Act to a park reserve is subject to traditional aboriginal ecological knowledge and recognition of the integral role that such knowledge plays in the traditional renewable resource harvesting activities of aboriginal persons."

Debate arose on the motions in Group No. 1.

The question was put on Motions Nos. 1 to 3 and they were negatived on division.

The question was put on Motion No. 4 and it was agreed to.

The question was put on Motions Nos. 5, 10 and 13 and they were negatived on division.

Group No. 2

Mr. Laliberte (Churchill River), seconded by Mr. Martin (Winnipeg Centre), moved Motion No. 6, -- That Bill C-27, in Clause 14, be amended by adding after line 36 on page 7 the following:

      "(5) Where a management plan that exists at the time this Act comes into force sets out an area of a park as a wilderness area, the Minister shall recommend to the Governor in Council that the area be declared a wilderness area within two years of the coming into force of this Act."

Mr. Laliberte (Churchill River), seconded by Mr. Martin (Winnipeg Centre), moved Motion No. 7, -- That Bill C-27, in Clause 16, be amended by replacing line 47 on page 10 with the following:

    "zones governing uses of land and buildings consistent with the principle of no net negative environmental impact;"

Mr. Mark (Dauphin -- Swan River), seconded by Mr. Epp (Elk Island), moved Motion No. 11, -- That Bill C-27 be amended by adding after line 42 on page 24 the following new clause:

      "36.1 (1) No lease or licence of occupation may be granted for the purpose of air facilities on public lands in a park except within the aerodromes that are in existence at the time this Act comes into force and are located within a park, including Banff National Park of Canada and Jasper National Park of Canada.
      (2) For the purposes of public safety, the air facilities within the existing aerodromes referred to in subsection (1) shall continue in operation."

Mr. Mark (Dauphin -- Swan River), seconded by Mr. Epp (Elk Island), moved Motion No. 12, -- That Bill C-27 be amended by adding after line 42 on page 24 the following:

      "(3) For the purposes of this section, the word "aerodrome" has the same meaning as in the Aeronautics Act."

Mr. Laliberte (Churchill River), seconded by Mr. Martin (Winnipeg Centre), moved Motion No. 15, -- That Bill C-27 be amended by adding after line 23 on page 31 the following new clause:

      "58.1 Section 2 of the Act is amended by adding the following in alphabetical order:
    "ecological integrity" ``intégrité écologique'' "ecological integrity" means, with respect to a park, a condition that is determined to be characteristic of its natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes."

Debate arose on the motions in Group No. 2.

The question was put on Motions Nos. 6 and 7 and they were negatived on division.

The question was put on Motion No. 11 and it was negatived on division.

Accordingly, Motion No. 12 was also negatived on division.

The question was put on Motion No. 15 and it was negatived on division.

Group No. 3

Mr. Mark (Dauphin -- Swan River), seconded by Mr. Epp (Elk Island), moved Motion No. 8, -- That Bill C-27, in Clause 18, be amended by replacing line 31 on page 14 with the following:

      "18. (1) The Minister may designate persons"

The question was put on Motion No. 8 and it was negatived on division.

Accordingly, Motion No. 9 was also negatived on division.

Group No. 4

Mr. de Savoye (Portneuf), seconded by Mr. Laurin (Joliette), moved Motion No. 14, -- That Bill C-27 be amended by deleting Clause 42.

The question was put on Motion No. 14 and it was negatived on division.

Ms. Robillard (President of the Treasury Board and Minister responsible for Infrastructure) for Ms. Copps (Minister of Canadian Heritage), seconded by Mr. Dion (Minister of Intergovernmental Affairs), moved, -- That Bill C-27, An Act respecting the national parks of Canada, as amended, be concurred in at report stage with a further amendment.

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

Accordingly, the Bill, as amended, was concurred in at report stage with a further amendment.

MOTIONS

Pursuant to Standing Order 45, the recorded divisions on Private Member's Motion M-237 and Bill C-214, An Act to provide for the participation of the House of Commons when treaties are concluded, deferred until Monday, June 12, 2000, at the ordinary hour of daily adjournment, were further deferred until Tuesday, June 13, 2000, at the expiry of the time provided for Government Orders.

PRIVATE MEMBERS' BUSINESS

At 1:25 p.m., by unanimous consent, the House proceeded to the consideration of Private Members' Business.

The House resumed consideration of the motion of Mr. Riis (Kamloops, Thompson and Highland Valleys), seconded by Ms. Lill (Dartmouth), -- That, in the opinion of this House, the government should give consideration to exempting up to $30,000 of income from income tax as a gesture of support for those artists, writers and performers who work in Canada's cultural industry. (Private Members' Business M-259)

The debate continued.

By unanimous consent, the Order was dropped to the bottom of the order of precedence on the Order Paper.

RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE

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

-- by the Acting Speaker -- Minutes of Proceedings of the Board of Internal Economy of the House of Commons for May 16, 2000. -- Sessional Paper No. 8527-362-20.

ADJOURNMENT

At 2:15 p.m., by unanimous consent, the Acting Speaker adjourned the House until Monday at 11:00 a.m., pursuant to Standing Order 24(1).