June 29, 1984

?

Some Hon. Members:

Agreed.

Topic:   POINT OF ORDER
Subtopic:   QUESTIONS ON THE ORDER PAPER
Sub-subtopic:   CANADIAN EMPLOYMENT AND IMMIGRATION ADVISORY COUNCIL
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GOVERNMENT ORDERS

CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT MEASURE TO ESTABLISH

LIB

Mark R. MacGuigan (Minister of Justice and Attorney General of Canada)

Liberal

Hon. Mark MacGuigan (Minister of Justice) moved

that Bill C-51, an Act to implement a convention between Canada and the United Kingdom of Great Britain and Northern Ireland providing for the reciprocal recognition and enforcement of judgments in civil and commercial matters, be read the second time and referred to the Standing Committee on Justice and Legal Affairs.

Topic:   GOVERNMENT ORDERS
Subtopic:   CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT MEASURE TO ESTABLISH
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LIB

Yvon Pinard (President of the Privy Council; Leader of the Government in the House of Commons; Liberal Party House Leader)

Liberal

Mr. Pinard:

Mr. Speaker, I rise on a point of order. By consent, we would like this Bill to be sent to a Committee of the Whole in order that it can be passed through the House today.

Topic:   GOVERNMENT ORDERS
Subtopic:   CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT MEASURE TO ESTABLISH
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PC

John Allen Fraser

Progressive Conservative

Mr. Fraser:

Mr. Speaker, I am rising to indicate that there is agreement in so far as this Party is concerned.

Topic:   GOVERNMENT ORDERS
Subtopic:   CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT MEASURE TO ESTABLISH
Permalink
LIB

Gildas L. Molgat (Speaker pro tempore)

Liberal

Mr. Speaker:

Therefore, the motion is amended as follows: "Mr. MacGuigan, seconded by Mr. Pinard, moves that Bill C-51, an Act to implement a convention between Canada and the United Kingdom of Great Britain and Northern Ireland providing for the reciprocal recognition and enforcement of judgments in civil and commercial matters, be now read a second time and, by unanimous consent, referred to a Committee of the Whole".

Is it the pleasure of the House to adopt the motion?

Topic:   GOVERNMENT ORDERS
Subtopic:   CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT MEASURE TO ESTABLISH
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LIB

Mark R. MacGuigan (Minister of Justice and Attorney General of Canada)

Liberal

Mr. MacGuigan:

Mr. Speaker, I think it is appropriate to put on the record the purpose of this Bill, not to delay proceedings but in order to provide a written statement as to its purpose.

The Convention between Canada and the United Kingdom of Great Britain and Northern Ireland providing for the reciprocal recognition and enforcement of judgments in civil and commercial matters was signed in Ottawa on April 24, 1984. This Convention codifies the existing principles for recognition of judgments in Canada and the United Kingdom and also simplifies the procedures in this area. The Bill extends the application of the Convention to judgments rendered by the Federal Court.

The main reason for concluding this Convention was the imminent accession by the United Kingdom to a European Convention on the enforcement of judgments. The European Convention provides for the enforcement of judgments of other European states, including some which would not otherwise have been recognized by the United Kingdom courts because they were based on challengeable, frequently qualified as exorbitant bases of jurisdiction.

The European Convention, however, contains a provision which enables the United Kingdom to declare that it will not recognize or enforce any judgment based on exorbitant

June 29, 1984

grounds of jurisdiction given against a party that is domiciled or habitually resident in a specified non-European state. I refer the House to Article 9 of the proposed Canada-United Kingdom Convention whereby the United Kingdom undertakes to make such a declaration.

Before Canada can ratify this Convention, both federal and provincial legislation must be adopted. Almost all of the provinces have undertaken to adopt the necessary legislation. I can advise the House that this has already been done in Ontario and Nova Scotia. Article 12 of the proposed Convention enables Canada to ratify and expand the application of the Convention to specific provinces, not necessarily all provinces.

Since it is expected that the European Convention will come into force in January, 1985, it is very important that the Bill be granted speedy passage to ensure that Canadian assets in the United Kingdom will be protected against claims and judgments which, but for the European Convention, would not be recognized in the United Kingdom.

I might just add in conclusion, Mr. Speaker, since this is probably the last occasion on which I will be speaking in this House, that I have enjoyed very much my 16 years here. I have enjoyed them not only because of the contact I have had with my colleagues in my own Party, but because of the warm, friendly and co-operative relations I have had with Hon. Members of the two other Parties. I would like to thank them for their co-operation and to say that I will keep a very close and friendly eye on proceedings in this House.

Topic:   GOVERNMENT ORDERS
Subtopic:   CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT MEASURE TO ESTABLISH
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?

Some Hon. Members:

Hear, hear!

Topic:   GOVERNMENT ORDERS
Subtopic:   CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT MEASURE TO ESTABLISH
Permalink
PC

John Allen Fraser

Progressive Conservative

Hon. John A. Fraser (Vancouver South):

Mr. Speaker, the Hon. Minister of Justice (Mr. MacGuigan) has, I believe, succinctly stated the purpose of this legislation. It would be untoward of me to expand upon his remarks except to say that those who have worked for a long time to bring about this Convention have no doubt put their minds to most of the complex issues which are contained within it. It is our responsibility, I believe, under those circumstances, to pass this legislation which ratifies and approves the arrangement between our country and the United Kingdom. Therefore, we consent and approve the passage of this Bill.

I would like to just take a moment to respond to the Minister of Justice (Mr. MacGuigan) and to say to him, on behalf of our Party, that we have enjoyed working with him in this place. Our many personal relations with him have been useful. I hope he feels the same way, and I feel he does. We wish him well and Godspeed in whatever endeavours he is called upon to engage on behalf of the law and on behalf of our country.

Topic:   GOVERNMENT ORDERS
Subtopic:   CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT MEASURE TO ESTABLISH
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NDP

Ian Deans (N.D.P. House Leader)

New Democratic Party

Mr. Ian Deans (Hamilton Mountain):

Mr. Speaker, I will take even less time than the critic for the Official Opposition. I want to begin by saying to the Minister of Justice (Mr. MacGuigan) that I, like all Hon. Members of the House,

Canada-United Kingdom Reciprocal Agreement

listened with interest to news reports which would indicate that the Minister's pursuit of justice will continue, if not in the House of Commons, in another equally important capacity. I believe it is both appropriate and in the best interests of Canada that that goal should be pursued. I want, therefore, to wish the Minister well in what I understand will be a very challenging and, I anticipate, very interesting vocation beyond politics.

I would also like to say with respect to Bill C-51, which is self-explanatory and, therefore, easy to support, that we will likewise provide the necessary support in order that this piece of legislation, together with yet another piece of legislation to follow at some later time, can be passed into law in the best interests, I believe, of those persons who will be affected by it.

This legislation has interesting and far-reaching effects and although it is not perhaps one of the highlighted Bills of this session of Parliament, I know that Canadians and British subjects, who may have felt offended by the lack of such legislation, will now feel that their needs have been met. With that in mind, we will do whatever we must in order to see that the legislation passes through the various stages.

Topic:   GOVERNMENT ORDERS
Subtopic:   CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT MEASURE TO ESTABLISH
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PC

Ramon John Hnatyshyn (Official Opposition House Leader; Progressive Conservative Party House Leader)

Progressive Conservative

Hon. Ray Hnatyshyn (Saskatoon West):

Mr. Speaker, I simply want to enter into this debate for the sole purpose of expressing to the Minister of Justice (Mr. MacGuigan) my best wishes for his future endeavours. I have served in my Party as the justice spokesperson, and also as chairman of our Justice and Legal Affairs Committee, for some years. A good part of that time was when the present Minister of Justice had those responsibilities.

The Minister has, indeed, had a distinguished academic career. He has served in the House of Commons, which is an honourable profession. I look forward to his contribution to our country from the bench, I understand. In view of the fact he has appointed a lot of his friends there, he will at least be among friends. He will have more friends there than he had at the Liberal convention, Mr. Speaker. I appreciate the opportunity, in the context of this Bill, which is the last piece of legislation which the Minister will introduce and sponsor in the House, to extend to him my best personal wishes for every success in the future.

Topic:   GOVERNMENT ORDERS
Subtopic:   CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT MEASURE TO ESTABLISH
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LIB

Eymard G. Corbin (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

Mr. Deputy Speaker:

Is the House ready for the question?

Topic:   GOVERNMENT ORDERS
Subtopic:   CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT MEASURE TO ESTABLISH
Permalink
?

Some Hon. Members:

Question.

Topic:   GOVERNMENT ORDERS
Subtopic:   CANADA-UNITED KINGDOM CIVIL AND COMMERCIAL JUDGMENTS CONVENTION ACT MEASURE TO ESTABLISH
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Motion agreed to, Bill read the second time and the House went into Committee thereon, Mr. Corbin in the Chair. Clauses 2 to 5 inclusive agreed to. Schedule agreed to. Clause 1 agreed to. Title agreed to. Bill reported, read the third time and passed.


SOI 52 47 COMMONS DEBATES


June 29, 1984 Public Service Superannuation Act


PUBLIC SERVICE SUPERANNUATION ACT

LIB

John Carr Munro (Minister of Indian Affairs and Northern Development)

Liberal

Hon. John C. Munro (for the President of the Treasury Board) moved

that Bill C-54, an Act to amend the Public Service Superannuation Act, be read the second time and, by unanimous consent, referred to a Committee of the Whole House.

Topic:   GOVERNMENT ORDERS
Subtopic:   PUBLIC SERVICE SUPERANNUATION ACT
Sub-subtopic:   MEASURE TO AMEND
Permalink
LIB

Eymard G. Corbin (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

Mr. Deputy Speaker:

Is it the pleasure of the House to adopt the motion?

Topic:   GOVERNMENT ORDERS
Subtopic:   PUBLIC SERVICE SUPERANNUATION ACT
Sub-subtopic:   MEASURE TO AMEND
Permalink

June 29, 1984