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Proceedings of the Standing Senate Committee on
Aboriginal Peoples

Issue 14 - Minutes of Proceedings


OTTAWA, Wednesday, November 2, 2005 (33)

[English]

The Standing Senate Committee on Aboriginal Peoples met at 6:21 p.m., this day in camera, in room 160-S, Centre Block, the Deputy Chair, the Honourable St. Germain, P.C., presiding.

Members of the committee present: The Honourable Senators Buchanan, P.C., Christensen, Lovelace-Nicholas, Peterson, St. Germain, P.C., Watt and Zimmer (7).

In attendance: From the Parliamentary Information and Research Service, Library of Parliament: Mary Hurley, Marlisa Tiedemann and Lisa L. Patterson, analysts.

Pursuant to the Order of Reference adopted by the Senate on Tuesday, February 22, 2005, the committee continued its examination of the subject-matter of Bill S-16, An Act providing for the Crown's recognition of self-governing First Nations of Canada. (See Issue No. 6, Tuesday, May 3, 2005, for the full text of the Order of Reference).

It was agreed that staff remain.

It was agreed that Senator Sibbeston attend Resource Expo O5 in Vancouver, hosted by Native Investment & Trade Association (N.I.T.A.) on October 31 and November 1, 2005, on behalf of the Committee and be considered on ``official business'' for the purposes of the Senators Attendance Policy. It was agreed that the committee pay for his registering fees and reasonable travel expenses.

Pursuant to rule 92(2)(f) of the Rules of the Senate, the committee considered a draft report.

At 6:58 p.m., it was agreed that the committee adjourn to the call of the Chair.

ATTEST:


OTTAWA, Tuesday, November 22, 2005 (34)

[English]

The Standing Senate Committee on Aboriginal Peoples met at 9:32 a.m., this day, in room 160-S, Centre Block, the Chair, the Honourable Nick G. Sibbeston, presiding.

Members of the committee present: The Honourable Senators Buchanan, P.C., Champagne, P.C., Lovelace Nicholas, Peterson, Sibbeston, St. Germain, P.C., Watt and Zimmer (8).

In attendance: From the Parliamentary Information and Research Service, Library of Parliament: Lisa L. Patterson, analyst.

Also in attendance: The official reporters of the Senate.

Pursuant to the Order of Reference adopted by the Senate on Thursday, November 4, 2004, the committee continued its study on the involvement of aboriginal communities and businesses in economic development activities in Canada. (See Issue No. 2, Wednesday, November 17, 2004, for the full text of the Order of Reference.)

WITNESSES:

Aboriginal Tourism Canada:

Allan Luby, Chair;

Linda Webber, Acting Executive Director.

National Aboriginal Capital Corporation Association:

Robert Ballantyne, Chair of the Board;

Dan Brant, CEO.

Mr. Luby made a presentation and, with Ms. Webber, answered questions.

At 10:10 a.m., the committee suspended.

At 10:13 a.m., the committee resumed.

Mr. Ballantyne made a statement and, with Mr. Brant, answered questions.

At 10:58 a.m., it was agreed that the committee adjourn to the call of the Chair.

ATTEST:


OTTAWA, Wednesday, November 23, 2005 (35)

[English]

The Standing Senate Committee on Aboriginal Peoples met at 6:23 p.m., this day, in room 160-S, Centre Block, the Chair, the Honourable Nick G. Sibbeston, presiding.

Members of the committee present: The Honourable Senators Christensen, Gustafson, Peterson, Sibbeston, St. Germain, P.C., Watt and Zimmer (7).

In attendance: From the Parliamentary Information and Research Service, Library of Parliament: Marlisa Tiedemann, Lisa L. Patterson and Frédéric Beauregard-Tellier, analysts.

Also in attendance: The official reporters of the Senate.

Pursuant to the Order of Reference adopted by the Senate on Tuesday, November 22, 2005, the committee began its consideration of Bill C-54, An Act to provide First Nations with the option of managing and regulating oil and gas exploration and exploitation and of receiving moneys otherwise held for them by Canada.

APPEARING:

The Honourable Susan Barnes, P.C., M.P., Parliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians.

WITNESSES:

Indian and Northern Affairs Canada:

Paul Fauteux, Director General, Lands Branch.

Department of Justice Canada:

Andrew Beynon, General Counsel/Manager, Legal Services.

Siksika First Nation:

Chief Strater Crowfoot.

Blood Tribe:

Kirby Manyfingers, Councillor.

White Bear First Nations:

Bruce Standingready.

Ms. Barnes made a statement.

Chief Crowfoot, Mr. Manyfingers and Mr. Standingready each made a statement. They all answered questions, with Mr. Beynon.

At 6:55 p.m., it was agreed that the committee proceed to clause by clause consideration of Bill C-54.

Senator Watt made a statement regarding the use of non-derogation clauses and the need to address this question.

Exchanges followed with Ms. Barnes.

It was agreed that the title, the preamble and clause 1 stand postponed.

It was agreed that clauses 2 to 5 carry.

It was agreed that clauses 6 to 9 carry.

It was agreed that clauses 10 to 16 carry.

It was agreed that clauses 17 to 21 carry.

It was agreed that clauses 22 to 33 carry.

It was agreed that clauses 34 to 53 carry.

It was agreed that clauses 54 to 61 carry.

It was agreed that clauses 62 to 64 carry.

It was agreed that Schedule 1 carry.

It was agreed that Schedule 2 carry.

It was agreed that clause 1, which contains the short title, carry.

It was agreed that the preamble carry.

It was agreed that the title carry.

It was agreed that this bill be adopted, without amendment, but with observations to be adopted later today.

It was agreed that the Chair report this bill to the Senate.

At 7:10 p.m., the committee suspended.

At 7:19 p.m., the committee resumed.

It was agreed to append the following observations to the report adopted earlier on Bill C-54:

Over the last number of years, a variety of non-derogation clauses have appeared in federal legislation. This has created uncertainty and concern for Aboriginal peoples that needs to be resolved.

On the matter of non-derogation, the committee strongly recommends that a thorough study of non-derogation clauses be completed by the Senate Standing Committee on Legal and Constitutional Affairs as soon as possible but no later than June 30, 2006.

At 7:20 p.m., pursuant to the Order of Reference adopted by the Senate on Thursday, November 4, 2004, the committee continued its study on the involvement of aboriginal communities and businesses in economic development activities in Canada. (See Issue No. 2, Wednesday, November 17, 2004, for the full text of the Order of Reference.)

WITNESSES:

AS A PANEL:

Canadian Co-operative Association:

Mary Nirlungayuk, Board Member;

Carol Hunter, Executive Director.

Centre for the Study of Co-operatives, University of Saskatchewan:

Lou Hammond Ketilson, Director.

Arctic Co-operatives Limited:

Bill Lyall, President of the Board of Directors.

First Nations National Building Officers Association:

Bud Jobin, Co-president;

Keith Maracle, Co-president;

John Kiedrowski, Project Manager.

Ms. Hunter, Ms. Nirlungayuk, Mr. Lyall and Ms. Hammond Ketilson each made a statement and answered questions.

Mr. Maracle and Mr. Jobin each made a statement and, with Mr. Kiedrowski, answered questions.

At 8:58 p.m., it was agreed that the Committee adjourn to the call of the Chair.

ATTEST:

Gaëtane Lemay

Clerk of the Committee


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