Proceedings of the Standing Senate Committee on
Aboriginal Peoples
Issue 18 - Minutes of Proceedings
OTTAWA, Tuesday, June 10, 2003
(32)
[English]
The Standing Senate Committee on Aboriginal Peoples met this day, at 9:10 a.m. in Room 160-S, Centre Block, the Chair, the Honourable Thelma J. Chalifoux, presiding.
Members of the committee present: The Honourable Senators Austin P.C., Chalifoux, Chaput, Christensen, Forrestall, Gill, Léger, Pearson, Sibbeston, Stratton and Tkachuk (11).
Other senators present: The Honourable Senators St. Germain P.C. and Watt (2).
In attendance: From the Parliamentary Research Branch, Library of Parliament: Mary Hurley, Research Officer
Also present: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, April 2, 2003, the committee proceeded to examine Bill C-6, An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts.
WITNESSES:
As an individual:
Professor Michael Coyle, Faculty of Law, University of Western Ontario.
From the Assembly of First Nations:
Bill Erasmus, Regional Chief;
Rolland Pangowish, Director, Lands and Treaties Unit;
Bryan Schwartz, Legal Counsel.
Professor Coyle made a presentation and answered questions.
At 10:20 a.m. the committee suspended.
At 10:22 a.m. the committee resumed.
Mr. Erasmus and Mr. Schwartz made a presentation, submitted a brief and then, with Mr. Pangowish, answered questions.
At 10:50, pursuant to rule 92(2)(e), the committee proceeded in camera to consider a draft agenda.
At 11:15 a.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Wednesday, June 11, 2003
(33)
[English]
The Standing Senate Committee on Aboriginal Peoples met this day, at 6:25 p.m. in Room 160-S, Centre Block, the Chair, the Honourable Thelma J. Chalifoux, presiding.
Members of the committee present: The Honourable Senators Austin, P.C., Chalifoux, Chaput, Christensen, Forrestall, Fraser, Léger, Pearson, Sibbeston and Stratton (10).
Other senators present: The Honourable Senators Adams and Watt (2).
In attendance: From the Parliamentary Research Branch, Library of Parliament: Mary Hurley, Research Officer.
Also present: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, April 2, 2003, the committee proceeded to examine Bill C-6, An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts.
WITNESSES:
From the Indian Claims Commission:
Renée Dupuis, Chief Commissioner;
Daniel Bellegarde, Commissioner;
Kathleen Lickers, Counsel.
Ms. Dupuis, presented a brief and made a presentation.
At 6:45 p.m., the committee suspended its sitting.
At 6:48 p.m., the committee resumed its sitting.
Ms. Dupuis continued her presentation and, with Mr. Bellegarde and Ms. Lickers, answered questions.
At 7:58 p.m., the committee suspended its sitting.
At 8:06 p.m., the committee resumed its sitting.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-6, An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts.
It was agreed that the title stand postponed.
It was agreed that clause 1 stand postponed.
It was agreed that clause 2 carry.
The Honourable Senator Stratton moved that Bill C-6 be amended on page 2, by adding, after line 27, the following:
``2.1 Nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.''
After debate, with leave, it was agreed that the motion be withdrawn.
After debate, it was agreed that clauses 3 through 40 carry.
It was agreed that clauses 41 through 46 carry.
The Chair asked whether clause 47 shall carry.
The Honourable Senator Austin, P.C., moved that Bill C-6, in clause 47 be amended by:
(a) replacing line 4 on page 22 with the following:
``(a) in relation to a specific claim that is before the Commission, to summon witnesses or to order production of documents;
(b) whether the claim and any other specific''
(b) replacing line 7 on page 22 with the following:
``(c) any other issue that needs to be resolved''
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 47, as amended, carry.
It was agreed that clauses 48 through 55 carry.
The Chair asked whether clause 56 shall carry.
The Honourable Senator Austin, P.C., moved that Bill C-6, in clause 56, be amended by replacing line 1 on page 24 with the following:
``maximum of ten million dollars, based''
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 56, as amended, carry.
It was agreed that clauses 57 through 75 carry.
The Chair asked whether clause 76 shall carry.
After debate, it was agreed that clause 76 stand postponed.
The Honourable Senator Austin, P.C., moved that Bill C-6 be amended by adding after line 32 on page 29 the following:
``76.1 The Minister shall, before making a recommendation under section 5 or subsection 20(1) or 41(1), notify claimants — which notification may be by ordinary mail sent to their latest known addresses — that they may, during a period that the Minister specifies of not less than 30 days after the date of the notice, make representations in respect of appointments to the office or offices in question.''
After debate, it was agreed that consideration of the motion be suspended, and that the committee revert to the consideration of clause 76.
The committee resumed consideration of clause 76.
The Honourable Senator Austin that Bill C-6, in clause 76, be amended by replacing line 19 on page 29 with the following:
``considers appropriate. In carrying out the review, the Minister shall give to First Nations an opportunity to make representations.''
After debate, the question being put on the motion, it was adopted on division.
It was agreed that clause 76, as amended, carry on division.
It was agreed that the committee resume consideration of the motion of the Honourable Senator Austin, P.C., that Bill C-6 be amended by adding after line 32 on page 29 the following:
``76.1 The Minister shall, before making a recommendation under section 5 or subsection 20(1) or 41(1), notify claimants — which notification may be by ordinary mail sent to their latest known addresses — that they may, during a period that the Minister specifies of not less than 30 days after the date of the notice, make representations in respect of appointments to the office or offices in question.''
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 77 carry, on division.
The Honourable Senator Austin, P.C., moved that Bill C-6 be amended by inserting before line 1 on page 30 the following:
``77.1 During the period of one year after the coming into force of section 76.1, the reference in that section to ``claimants'' shall be read as a reference to ``claimants under this Act or under the Specific Claims Policy of the Government of Canada''.''
After debate, the question being put on the motion, it was adopted, on division.
With leave, the Honourable Senator Austin, P.C., moved that Bill C-6 be amended by adding, after new clause 76.1, the following:
``76.2 (1) At no time shall a person who was appointed under section 5 or subsection 20(1) or 41(1) act for any party in connection with any specific claim in relation to which they performed any work or concerning which they obtained significant information during their term in office.
(2) Persons who were appointed under section 5 or subsection 20(1) or 41(1) shall not, within a period of one year after the end of their term in office, accept any employment with or enter into a contract for services with the Department of Indian Affairs and Northern Development or a first nation that had a pending specific claim — before the Commission or the Tribunal, in the case of the Chief Executive Officer, or, in the case of a commissioner or adjudicator, before the Division of the Centre to which the person was appointed — at any time during their term in office.''
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clauses 78 through 85 carry, on division.
It was agreed that the schedule carry, on division.
It was agreed that clause 1 carry, on division.
It was agreed that the title carry, on division.
It was agreed that this Bill be adopted, as amended, on division.
The Honourable Senator Sibbeston moved that the committee append certain observations to its report.
After debate, the committee agreed to certain amendments to the draft observations, on division.
After further debate, the committee agreed to the draft observations, as amended, on division.
It was agreed, on division, that the Chair report this Bill, as amended and with the agreed-to observations, to the Senate.
At 9:32 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Adam Thompson
Clerk of the Committee