Proceedings of the Standing Senate Committee on
Human Rights
Issue 1 - Minutes of Proceedings
OTTAWA, Monday, February 16, 2004
(1)
[English]
The Standing Senate Committee on Human Rights met at 4:35 p.m., this day, in room 257, East Block, for the purpose of organization pursuant to rule 88.
Members of the committee present: The Honourable Senators Beaudoin, Ferretti Barth, Jaffer and Maheu (4).
In attendance: Ms. Mary Hurley, Research Officer, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to rule 88 of the Rules of the Senate, the committee proceeded to hold an organization meeting.
It was moved by the Honourable Senator Beaudoin, that the Honourable Senator Maheu do take the Chair of this committee.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Beaudoin, that the Honourable Senator Rossiter be Deputy Chair of this committee.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Beaudoin:
That the Subcommittee on Agenda and Procedure be composed of the Chair, the Deputy Chair, and one other member of the committee, to be designated after the usual consultation; and
That the subcommittee be empowered to make decisions on behalf of the committee with respect to its agenda, to invite witnesses, and to schedule hearings.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Ferretti Barth:
That the committee print its proceedings; and
That the Chair be authorized to set the number to meet demand.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Ferretti Barth, that, pursuant to rule 89, the Chair be authorized to hold meetings, to receive and authorize the printing of the evidence when a quorum is not present, provided that a member of the committee from both the government and the opposition be present.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Ferretti Barth, that the committee adopt the draft first report, prepared in accordance with rule 104.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Jaffer:
That the committee ask the Library of Parliament to assign research staff to the committee;
That the Chair be authorized to seek authority from the Senate to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of the committee's examination and consideration of such bills, subject-matters of bills, and estimates as are referred to it;
That the Subcommittee on Agenda and Procedure be authorized to retain the services of such experts as may be required by the work of the committee; and
That the Chair, on behalf of the committee, direct the research staff in the preparation of studies, analyses, summaries, and draft reports.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Ferretti Barth:
That, pursuant to section 32 of the Financial Administration Act, authority to commit funds be conferred on the Chair, the Deputy Chair, and the Clerk of the Committee; and
That, pursuant to section 34 of the Financial Administration Act, and Guideline 3:05 of Appendix II of the Rules of the Senate, authority for certifying accounts payable by the Committee be conferred on the Chair, the Deputy Chair, and the Clerk of the Committee.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Beaudoin, that the Committee empower the Subcommittee on Agenda and Procedure to designate, as required, one or more members of the Committee and/or such staff as may be necessary to travel on assignment on behalf of the Committee.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Jaffer, that the Sub-committee on Agenda and Procedure be authorized to: 1) determine whether any member of the Committee is on ``official business'' for the purposes of paragraph 8(3)(a) of the Senators Attendance Policy, published in the Journals of the Senate on Wednesday, June 3, 1998; and 2) consider any member of the Committee to be on ``official business'' if that member is: (a) attending a function, event or meeting related to the work of the Committee; or (b) making a presentation related to the work of the Committee.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Jaffer, that, pursuant to the Senate guidelines for witness expenses, the Committee may reimburse reasonable traveling and living expenses for one witness from any one organization and payment will take place upon application, but that the Chair be authorized to approve expenses for a second witness should there be exceptional circumstances.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Jaffer:
That the Chair be authorized to seek permission from the Senate to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings; and
That the Subcommittee on Agenda and Procedure be empowered to allow such coverage at its discretion.
The question being put on the motion, it was adopted.
At 4:55 p.m., the committee sat in camera to discuss its future business.
It was agreed, that the Chair try to negotiate new meeting times with the whips.
It was agreed, that the Chair seek clarification from the Senate concerning the mandate on the resolution encapsulating the 2002 Berlin OSCE (PA) Resolution and its purpose.
It was agreed, that the Chair request to the Senate the former mandate of the committee as follows:
That the Standing Senate Committee on Human Rights be authorized to examine and report upon key legal issues affecting the subject of on-reserve matrimonial real property on the breakdown of a marriage or common law relationship and the policy context in which they are situated.
In particular, the committee shall be authorized to examine:
The interplay between provincial and federal laws in addressing the division of matrimonial property (both personal and real) on-reserve and, in particular, enforcement of court decisions;
The practice of land allotment on-reserve, in particular with respect to custom land allotment;
In a case of marriage or common-law relationships, the status of spouses and how real property is divided on the breakdown of the relationship; and,
possible solutions that would balance individual and community interests.
That the papers and evidence received and taken on the subject and the work accomplished by the Senate Standing Committee on Human Rights during the Second Session of the Thirty-seventh Parliament be referred to the committee;
That the committee submit its final report no later than June 25, 2004 and that the committee retain all powers necessary to publicize the findings of the committee contained in the final report until July 30, 2004.
It was agreed, that the Chair write to Minister Bill Graham requesting a response to the committee's report entitled ``Enhancing Canada's Role in the OAS: Canadian Adherence to the American Convention on Human Rights.''
It was agreed, that the new Minister of Indian and Northern Affairs, Andrew Mitchell, be invited to appear before the committee to respond to the interim report of the committee entitled ``A Hard Bed to Lie In: Matrimonial Real Property on Reserve.''
At 5:20 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Monday, February 23, 2004
(2)
[English]
The Standing Senate Committee on Human Rights met at 6:10 p.m., this day, in room 257, East Block, the Chair, the Honourable Senator Maheu presiding.
Members of the committee present: The Honourable Senators Beaudoin, Ferretti Barth, Jaffer, LaPierre, Maheu and Plamondon (6).
Pursuant to the Order of Reference adopted by the Senate on February 19, 2004, the committee commenced its study of the key legal issues affecting the subject of on-reserve real matrimonial property.
The committee considered the following draft budget application:
Professional and Other Services |
$2,500 |
Transportation and Communication |
$ 950 |
Total |
$3,450 |
It was proposed by the Honourable Senator LaPierre that the draft budget in the amount of $3,450 be adopted and that the Chair present the same to the Committee of Internal Economy, Budget and Administration.
The question being put on the motion, it was adopted.
At 6:35 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Line Gravel
Clerk of the Committee