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Introduction
Dear Readers,
Spring is once again upon us and at this time I
would like to update you about my activities over the
winter.
It has been seven months now since I accepted the
position of Deputy Leader of the Government in the
Senate. The months have been filled with interesting
challenges and new responsibilities. As always, I have
met them head on.
In my new position, I am responsible for the day
to day management of legislation in the Senate. This
requires that I be in the Senate Chamber at all times
while the Senate is sitting. The unfortunate side of
this is that I have not spent as much time in Winnipeg
as I would have liked. However, this Spring I will be
spending as many week-ends in Manitoba as possible, as
well as most of the summer months.
This fall has seen the adoption of some historic
legislation, including Bill C-22, the Land Mines Act. A
fellow Manitoban, the Honourable Lloyd Axworthy,
Minister of Foreign Affairs, was the major proponent of
the Bill. Following the passage of this legislation, I
was honoured to attend the poignant Treaty Signing
Conference and Mine Action Forum here in Ottawa.
More recently, I was pleased to meet with a
delegation from the Cuban government to discuss the role
of the Senate in the Canadian Parliament. In particular,
I spoke about my role as Deputy Leader in the Senate. By
sharing this information with Cuba, Canada is making an
effort to encourage the peaceful evolution of Cuban
society. The aim is full respect for human rights, with
genuinely representative institutions and an open
economy.
On March 23, 1998 I had the pleasure to speak at
the Family and Children’s Services of Guelph
Wellington County, Annual General Meeting on the Repeal
of Section 43 of the Criminal Code of Canada.
I hope that you find this newsletter informative.
Enjoy your spring!
Selected
Government Bills Currently Before the Senate
Bill C-4, The Canadian Wheat Board Act, is
currently before the Standing Senate Committee on
Agriculture and Forestry. From March 24th to April 2nd,
this Committee traveled through the West holding
hearings on the subject of the bill. Further hearings
will be scheduled in Ottawa for early April.
Bill C-6, The Mackenzie Valley Resource
Management Act, was referred to the Standing Senate
Committee on Aboriginal Peoples on March 26, 1998.
Bill C-9, The Ports Bill, was referred to
the Senate Committee, Transport and Communications.
Among other initiatives this legislation seeks to
establish Canada Port Authorities which will manage
major self sufficient Canadian ports. This committee
will hold extensive hearings in April.
Bill C-18, The Customs Act, is currently
before the Standing Senate Committee on Legal and
Constitutional Affairs. This bill seeks to give custom
officers the power to detain or arrest individuals that
are suspected of committing offences which fall under
the Criminal Code, such as impaired driving or child
abduction
UPDATE ON THE
REPEAL OF SECTION 43
On March 11, 1998 Mr. Tony Ianno, MP for Trinity-Spadina,
introduced Bill C-368, An Act to
amend the Criminal Code and the Department of Health Act
(security of the child). This bill is identical to
S-14. Which was the bill I introduced in the Senate that
died on the Order Paper at the call of the 1997 federal
election.
The Canadian Foundation for Children, Youth
and the Law intends to commence an application
in 1998, in the Ontario Courts as a public interest
litigant for a declaration that Section 43 of the
Criminal Code is unconstitutional. The primary basis for
the challenge is the legal argument that the defence
infringes the child’s right to equal benefit and
protection of the law under section 15 of the Charter,
and the child’s right to security of the person under
section 7 of the Charter. Reliance will also be placed
upon Canada’s obligations under the U.N.
Convention on the Rights of the Child.
Gathering
Strength: Canada’s Aboriginal Action Plan
In response to the Royal Commission on Aboriginal
Peoples, the Minister of Indian Affairs and Northern
Development unveiled, on January 7, 1998, Gathering
Strength: Canada’s Aboriginal Action Plan. This action
plan marks a turning point in relations between the
federal government and Aboriginal Canadians. It calls
for a new partnership in dealing with the negative
legacies of the Aboriginal experience in Canada.
Initiatives include:
- $350 million will be invested over 4 years towards
community based healing for victims of abuse at
Indian Residential Schools.
- Plans to work towards the development of effective
and accountable Aboriginal governments and
institutions.
- Increasing Aboriginal governments financial
self-reliance by developing additional sources of
revenue.
- Development of stronger and healthier Aboriginal
communities, such as with the expansion of the
Aboriginal Head Start program to children on
reserves.
- An examination of ways to confirm the
contributions of the Metis people in Canada.
How a Bill
Becomes Law: The Senate’s Role
The Canadian Constitution states that both the Senate
and the House of Commons must each approve proposed
legislation in order for it to become law. This process
serves as a check and balance for our legislative
system.
The Canadian law making process begins with a bill -
a proposal to either create a new law or to change an
existing law. A bill can be introduced in the House of
Commons (C-bills) or the Senate (S-bills). The majority
of public bills start in the House of Commons. Public
bills are concerned with matters of public policy such
as taxes and spending, health and other social programs.
The majority of private bills are introduced in the
Senate and are in response to a petition. These bills
address the needs of a single person, company or
institution. The only bills that cannot be initiated in
the Senate are "money" bills. That is, bills
which spend government money or impose a tax.
A bill goes through several formal stages in each
house. These stages include a series of
"readings" during which parliamentarians
debate the bill. Prior to the third and final reading,
each house also sends the bill to a committee where
members examine the fine points of the legislation.
They listen to witnesses give their opinions on the
bill, and then subject it to a clause-by-clause study
based on the testimony. At this stage either house can
do one of four things with a bill: pass it, amend
it, delay it or defeat it.
Once both Houses pass a bill, it is
presented for Royal Assent and becomes law. All Canadian
laws are formally "enacted" by the Sovereign,
or her representative the Governor General, "by and
with the advice and consent" of the Senate and
House of Commons. To become a law a bill must pass the
Senate, the House of Commons and be given Royal Assent.
The Senate plays a key role in amending
bills passed by the House of Commons. Senators have the
expertise to put a bill under the microscope and examine
it in detail, and the Senate timetable allows for longer
periods of study.
The Senate can also delay a bill, or decide
not to act on it at all. This means that without being
formally defeated, the bill dies at the end of the
session. To illustrate, in 1985 the Senate delayed a
$19.3 billion borrowing bill until the Government showed
how it intended to spend the funds. It passed the bill
after the House of Commons approved the Government’s
spending estimates.
And last, a bill can be defeated. Canada’s
Constitution gives either House of Parliament the power
to defeat proposed legislation sent to it by the other
house. This is called the veto power. Though the Senate
does not oppose the will of the Commons very often,
Senators have rejected bills in the past. This occurs
even less frequently in the House of Commons. If the
House of Commons defeats a major piece of legislation,
the Government usually resigns and an election is
called. If a bill is defeated in the Senate, the
Government can go back to the drawing board and submit a
new bill.
Adapted from "The Senate Today"
Update on the
Prairie Action Foundation
The five year government commitment for federal
funding of five Canadian Research Centres on Family
Violence and Violence Against Women has now ended.
However, plans for the long term survival of the
Manitoba Centre are well under way. We have established
a Prairie research centre on family violence and the
Prairie Action Foundation to fund the centre. The goal
of the Foundation is to raise the $5 million endowment
fund required to fund the new Prairie Centre.
In the second week of February, the Foundation held
its first meeting of the newly recruited Board. The
acting officers were confirmed and the by-laws were
ratified. A second meeting of the Board was held in
March. With our charitable tax status in hand, we are
currently getting ready for the official launch of our
fundraising campaign in September, 1998.
Prairie Research Centre development activities in
Alberta and Saskatchewan are ongoing. Steering councils
for the regional Board of the new Centre have been
established in both provinces. The Centre hopes to have
at least one research project from each province linked
to the Centre within the next two months!
The
International Summit of Sexually Exploited Youth, held
March 12 - 17, 1998 in Victoria B.C., declared the
following:
We declare that the term child or
youth prostitute can no longer be used. These children
and youth are sexually exploited and any language or
reference to them must reflect this belief.
We declare that the commercial
sexual exploitation of children and youth is a form of
child abuse and slavery.
We declare that all children and
youth have the right to be protected from all forms of
abuse, exploitation and the threat of abuse, harm or
exploitation.
We declare that the commercial
exploitation of children and youth must no longer be
financially profitable.
We declare that all children and
youth have the right to know their rights.
We declare that the issue of child
and youth sexual exploitation must be a global priority
and nations must not only hold their neighbours
accountable but also themselves.
We declare that governments are
obliged to create laws which reflect the principle of
zero tolerance of all forms of abuse and exploitation of
children and youth.
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