Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 22 - Minutes of Proceedings

OTTAWA, Wednesday, June 26, 1996 (27)

The Standing Senate Committee on Legal and Constitutional Affairs, met this day in Room 505, Victoria Building, at 9:05 a.m., the Chair, the Honourable Senator Sharon Carstairs, presiding.

Members of the committee present: The Honourable Senators Beaudoin, Carstairs, Doody, Gigantès, Milne, Pearson, Petten, Poulin and Rompkey (9).

Other senators present: The Honourable Senator Forest and the Honourable Senator Prud'homme (2).

In attendance: Mollie Dunsmuir, Research Officer, Research Branch of the Library of Parliament; Laura Snowball, Research Officer, Research Branch, Library of Parliament.

Also in attendance: The official reporters of the Senate.

WITNESSES:

From the Federation of Independent Schools:

Frank Cvitkovitch, Q.C., President;

Fred Herfst, Vice President (B.C.)

Gary Duthler, Executive Director.

Professor Benoît Pelletier, Faculty of Law, University of Ottawa.

Professor Dale Gibson, Faculty of Law, University of Alberta.

Pursuant to the Order of Reference adopted by the Senate on Thursday, June 13, 1996, the committee continued its consideration of the resolution to amend the Constitution of Canada, Term 17 of the Terms of Union of Newfoundland with Canada. (For full text of Order of Reference please refer to Issue 19, Tuesday, June 18, 1996.)

The Chair made a statement.

The Honourable Senator Doody moved -- THAT any consideration or votes on any motions dealing with the disposition in Committee of the resolution to amend the Constitution of Canada, Term 17 of the Terms of Union of Newfoundland with Canada be held no earlier than at the completion of hearing of all witnesses.

The question being put on the motion, it was agreed.

Mr. Frank Cvitkovitch, Mr. Fred Herfst and Mr. Gary Duthler each made a statement. The witnesses answered questions.

Professor Benoît Pelletier made a statement.

Professor Dale Gibson made a statement and, together with Professor Pelletier, answered questions.

At 12:04 p.m., the committee adjourned to the call of the Chair.

ATTEST:

OTTAWA, Wednesday, June 26, 1996 (28)

The Standing Senate Committee on Legal and Constitutional Affairs, met this day in Room 505, Victoria Building, at 1:38 p.m., the Chair, the Honourable Senator Sharon Carstairs, presiding.

Members of the committee present: The Honourable Senators Beaudoin, Carstairs, Doody, Gigantès, Milne, Pearson, Petten, and Rompkey (8).

Other senators present: The Honourable Senator Forest and the Honourable Senator Prud'homme (2).

In attendance: Mollie Dunsmuir, Research Officer, Research Branch of the Library of Parliament; Laura Snowball, Research Officer, Research Branch, Library of Parliament.

Also in attendance: The official reporters of the Senate.

WITNESSES:

Ian Binnie, Lawyer.

Len Williams, Chair, Royal Commission of Inquiry into the Delivery of Programs and Services in Primary, Elementary, Secondary Education, Government of Newfoundland and Labrador, March 1992.

From the Coalition pour la confessionalité scolaire:

Jocelyne St-Cyr, Coordinator, President, Association des parents catholiques du Québec;

Paul Fernandes, Chairman, Metropolitan Separate School Board (Toronto).

From the Commission des écoles catholiques de Montréal:

Michel Pallascio, President;

Roger Dominguez, Independent Commissioner.

From the Assembly of First Nations:

Ovide Mercredi, National Chief;

Alfred Linklater, Director of Education.

Pursuant to the Order of Reference adopted by the Senate on Thursday, June 13, 1996, the committee continued its consideration of the resolution to amend the Constitution of Canada, Term 17 of the Terms of Union of Newfoundland with Canada. (For full text of Order of Reference please refer to Issue 19, Tuesday, June 18, 1996.)

The Chair made a statement.

Mr. Ian Binnie made a statement and answered questions.

Mr. Len Williams made a statement and answered questions.

Mrs. Jocelyne St-Cyr and Mr. Paul Fernandes each made a statement.

Mr. Michel Pallascio and Mr. Roger Dominguez each made a statement. Mr. Pallascio, Mr. Dominguez and Mr. Fernandes answered questions.

At 4:42 p.m., the sitting was suspended.

At 4:47 p.m., the sitting was resumed.

National Chief Mercredi made a statement and, together with Alfred Linklater, answered questions.

The Committee discussed future business.

At 5:35 p.m., the committee adjourned to the call of the Chair.

ATTEST:

Heather Lank

Clerk of the Committee