Proceedings of the Standing Senate Committee on
Legal and
Constitutional Affairs
Issue 37 - Minutes of Proceedings
OTTAWA, Thursday, October 22, 1998
(42)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs, met this day in Room 257, East Block, at 11:05 a.m., the Chair, the Honourable Lorna Milne, presiding.
Members of the committee present: The Honourable Senators Balfour, Beaudoin, Buchanan, P.C., Fraser, Grafstein, Johnstone, Joyal, P.C., Milne, Moore, Nolin and Pépin (11).
Other senator present: The Honourable Senator Cools (1).
In attendance: Nancy Holmes, Research Officer, Research Branch, Library of Parliament.
Pursuant to the Order of Reference adopted by the Senate on Tuesday, September 22, 1998, the committee continued its consideration of Bill C-37, An Act to amend the Judges Act and to make consequential amendments to other Acts. (See Issue No. 31, Wednesday, September 23, 1998, for full text of Order of Reference.)
It was moved by the Honourable Senator Moore -- That the committee complete clause-by-clause consideration of Bill C-37.
The Honourable Senator Cools raised a question of privilege.
After debate, it was agreed -- That the question of privilege not be considered further by the committee.
It was agreed -- That clause-by-clause consideration of Bill C-37 proceed.
It was agreed -- That clause 1 not carry.
It was agreed -- That clause 2 carry.
It was agreed -- That clause 3 carry.
It was agreed -- That clause 4 carry.
It was agreed -- That clause 5 carry.
It was moved by the Honourable Senator Joyal -- That Bill C-37 be amended in clause 6, on page 3, by adding the following after line 7:
"(1.1) In conducting its inquiry, the Commission shall consider
(a) the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government;
(b) the role of financial security of the judiciary in ensuring judicial independence;
(c) the need to attract outstanding candidates to the judiciary; and
(d) any other objective measure that the Commission considers relevant."
It was moved by the Honourable Senator Nolin -- That Bill C-37 be amended, in the French version, by deleting, in clause 6, page 3, line 4, the word "fédéraux".
The question being put on the motion by Senator Nolin, it was agreed.
After debate on the motion by Senator Joyal, it was moved by the Honourable Senator Joyal -- That the motion be amended, in the English version, new subclause 1.1, paragraph d), to read:
"any other objective criteria that the Commission considers relevant."
After debate, the question being put on the motion, it was agreed.
It was moved by the Honourable Senator Joyal -- That the motion be further amended, in the French version, new subclause 1.1, paragraph d), to read:
"tout autre facteur objectif qu'elle considère pertinent."
After debate, the question being put on the motion, it was agreed.
It was moved by the Honourable Senator Joyal -- That Bill C-37 be further amended in clause 6, on page 4, by replacing line 14 with the following:
"a report of the Commission within six months after receiving it.".
The question being put on the motion, it was agreed.
It was agreed -- That clause 6, as amended, carry.
It was agreed -- That clause 7 carry.
It was agreed -- That clause 8 carry.
It was agreed -- That clause 9 not carry.
It was agreed -- That clause 10 not carry.
It was agreed -- That clause 11 not carry.
After debate, it was agreed -- That clauses 12 to 20 carry.
It was moved by the Honourable Senator Joyal -- That Bill C-37 be amended in clause 21, on page 13, by replacing lines 1 to 3 with the following:
"21. Sections 2, 3 7 and 14 to 20 come into force on a day or".
After debate, the question being put on the motion, it was agreed.
It was agreed -- That clause 21, as amended, carry.
It was agreed -- That the Title carry.
It was agreed -- That the Bill, as amended, carry.
It was agreed -- That the clauses be renumbered appropriately.
It was agreed -- That Bill C-37 be reported to the Senate, as amended.
At 12:20 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Heather Lank
Clerk of the Committee