Proceedings of the Standing Senate Committee on
Human Rights
Issue 1 - Minutes of Proceedings
OTTAWA, Thursday, October 7, 2004
(1)
[English]
The Standing Senate Committee on Human Rights met at 9:30 a.m., this day, in room 705, Victoria Building, for the purpose of organization pursuant to rule 88.
Members of the committee present: The Honourable Senators Andreychuk, Carstairs, P.C., LaPierre, LeBreton, Oliver and Pearson (6).
In attendance: The official reporters of the Senate.
Pursuant to rule 88, the Clerk of the Committee presided over the election of the Chair.
It was moved by the Honourable Senator Carstairs that the Honourable Senator Andreychuk do take the Chair of this Committee.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator LeBreton that the Honourable Senator Pearson be Deputy Chair of this Committee.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Carstairs:
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 Carstairs:
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 Carstairs 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 Carstairs 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 Pearson:
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 Carstairs:
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 LaPierre 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 LeBreton that the Subcommittee 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 LeBreton 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 LaPierre:
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.
The following subjects were submitted by members of the committee as possible studies to be considered by the committee:
Canada's international obligations in regards to the rights and freedom of children;
International human trafficking;
The abuse of aboriginal women;
The OSCE resolution on anti-semitism;
The possible violation of human rights in the Public Service of Canada;
The possibility of using the muslim law in Canada;
The report LaViolette
After debate, it was agreed that the Steering Committee would meet to come up with a working plan for the committee.
At 9:50 a.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Monday, October 25, 2004
(2)
[English]
The Standing Senate Committee on Human Rights met this day in camera at 4:05 p.m., in room 257, East Block, the Chair, the Honourable A. Raynell Andreychuk, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Carstairs, P.C., LeBreton, Oliver, Pearson and Poy (6).
In attendance: Marlisa Tiedemann and Laura Barnett researchers, Library of Parliament.
The committee proceeded to consider its future agenda.
It was agreed that the staff draft a mandate and a budget concerning the following:
It was agreed to look into the possibility of continuing the agenda set for in the report Promises to Keep: Implementing Canada's Human Rights Obligations.
It was agreed that prior to hearing from the authorities in Canadian Heritage and Department of Foreign Affairs, the committee should update its knowledge on the report entitled Enhancing Canada's Role in the OAS: Canadian Adherence to the American Convention on Human Rights by hiring an expert consultant to this effect.
It was agreed that the committee hire back Professor Nicole LaViolette in order for her to update the report entitled The principal international human rights instruments to which Canada has not yet acceded.
It was agreed to invite the Minister of Indian and Northern Affairs to appear with his officials before the committee for the purpose of updating the members on actions taken concerning the recommendations contained in the committee's report entitled A Hard Bed to Lie In: Matrimonial Real Property on Reserve.
It was agreed that the Chair consult with Senator Grafstein concerning possible follow up on the Resolution encapsulating the 2002 Berlin OSCE (PA) Resolution and how best dealt with this important subject.
It was agreed to proceed with the following Notice of Motion presented by the Honourable Senator Carstairs:
That the Standing Senate Committee on Human Rights be authorized to examine and report upon Canada's international obligations in regards to the rights and freedoms of children. In particular, the committee shall be authorized to examine: Our obligations under the United Nations Convention on the Rights of the Child; and Whether Canada's legislation as it applies to children meets our obligations under this Convention.
That the committee present its final report to the Senate no later than March 22, 2005.
and it was further agreed that the staff draft a budget as well as a work plan for this study.
It was agreed that the committee invite from time to time the President of Treasury Board, the President of the Public Service Commission, their officials, as well as other witnesses to appear before it for the purpose of examining alleged cases of racial discrimination in the hiring and promotion practices of the Public Service.
It was agreed that a part of the study on Human Trafficking include also children and that this subject should be dealt with in the study on Rights and Freedom of Children.
Concerning a possible new study on the impact of security legislation on Human Rights, it was agreed that the Chair consult with both leaderships to find out how this subject could be best approached.
At 4:55 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Monday, November 1, 2004
(3)
[English]
The Standing Senate Committee on Human Rights met in camera this day at 4:05 p.m., in room 257, East Block, the Chair, the Honourable A. Raynell Andreychuk, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Ferretti Barth, LeBreton, Losier-Cool, Pearson and Poy (6).
In attendance: Marlisa Tiedemann and Laura Barnett researchers, Library of Parliament.
Pursuant to rule 92(2)(e) the committee proceeded to consider its future agenda.
It was moved by the Honourable Landon Pearson that the following motion be presented in the Senate by the Chair of the Committee:
That the Standing Senate Committee on Human Rights be authorized to examine and report upon Canada's international obligations in regards to the rights and freedoms of children.
In particular, the committee shall be authorized to examine:
Our obligations under the United Nations Convention on the Rights of the Child; and
Whether Canada's legislation as it applies to children meets our obligations under this Convention.
That the committee present its final report to the Senate no later than March 22, 2005, and that the committee retain until April 30, 2005 all powers necessary to publicize its findings.
The question being put on the motion, it was adopted.
It was agreed that the work plan of the mandate above as well as the budget in the amount of:
| Professional & Other Services | $ 67,750 |
| Transportation & Communications | $ 94,606 |
| All Other Expenditure | $ 500 |
| Total | $ 163,156 |
be accepted in principle and that the Steering Committee finalize the details before presentation to the Standing Committee on Internal Economy, Budget and Administration.
It was moved by the Honourable Marjory LeBreton that the following motion be presented in the Senate by the Chair of the Committee:
That the Standing Senate Committee on Human Rights be authorized to examine and monitor issues relating to human rights and, inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations; and
That the papers and evidence received and taken on the subject during the First, Second and Third Session of the Thirty-seventh Parliament be referred to the committee;
That the committee submit its final report to the Senate no later than December 23 2005, and that the committee retain until January 31, 2006 all powers necessary to publicize its findings.
The question being put on the motion, it was adopted.
It was agreed that the work plan of the mandate above as well as the budget in the amount of:
| Professional & Other Services | $ 34,425 |
| Transportation & Communications | $ 39,938 |
| All Other Expenditure | $ 300 |
| Total | $ 74,663 |
be accepted in principle and that the Steering Committee finalize the details before presentation to the Standing Committee on Internal Economy, Budget and Administration.
It was moved by the Honourable Marisa Ferretti Barth that the following motion be presented in the Senate by the Chair of the Committee:
That the Standing Senate Committee on Human Rights be authorized to invite the Minister of Indian and Northern Affairs to appear with his officials before the committee for the purpose of updating the members of the committee on actions taken concerning the recommendations contained in the committee's report entitled A Hard Bed to Lie in: Matrimonial Real Property on Reserve, tabled in the Senate November 4, 2003; and
That the committee continue to monitor developments on the subject and submit a final report to the Senate no later than March 31, 2005.
The question being put on the motion, it was adopted.
It was agreed that the work plan of the mandate above as well as the budget in the amount of:
| Professional & Other Services | $ 2,000 |
| Transportation & Communications | $ 500 |
| All Other Expenditure | $ 300 |
| Total | $ 2,800 |
be accepted in principle and that the Steering Committee finalize the details before presentation to the Standing Committee on Internal Economy, Budget and Administration.
It was moved by the Honourable Vivienne Poy that the following motion be presented in the Senate by the Chair of the Committee:
That the Standing Senate Committee on Human Rights be authorized to invite from time to time the President of Treasury Board, the President of the Public Service Commission, their officials, as well as other witnesses to appear before the committee for the purpose of examining cases of alleged discrimination in the hiring and promotion practices of the Federal Public Service and to study the extent to which targets to achieve employment equity for minority groups are being met; and
That the committee continue to monitor developments on the subject and submit a final report to the Senate no later than December 23, 2005.
The question being put on the motion, it was adopted.
It was agreed that the Work plan of the mandate above as well as the budget in the amount of:
| Professional & Other Services | $ 2,000 |
| Transportation & Communications | $ 500 |
| All Other Expenditure | $ 300 |
| Total | $ 2,800 |
be accepted in principle and that the Steering Committee finalize the details before presentation to the Standing Committee on Internal Economy, Budget and Administration.
It was also agreed that the Steering Committee will finalize the schedule of the committee.
At 5 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Monday, November 22, 2004
(4)
[English]
The Standing Senate Committee on Human Rights met at 4:05 p.m., this day, in room 705, Victoria Building, the Honourable A. Raynell Andreychuk, Chair, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Carstairs, P.C., Oliver and Pearson (4).
In attendance: From the Research Branch of the Library of Parliament: Laura Barnett and Marlisa Tiedemann.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, November 3, 2004 the committee began its consideration of authorization to invite the Minister of Indian and Northern Affairs to appear with his officials before the committee for the purpose of updating the members of the committee on actions taken concerning the recommendations contained in the committee's report entitled A Hard Bed to lie in: Matrimonial Real Property on Reserve, tabled in the Senate November 4, 2003.
APPEARING:
The Honourable Andy Scott, P.C., M.P., Minister of Indian Affairs and Northern Development;
The Honourable Susan (Sue) Barnes, P.C., M.P., Parliamentary Secretary to the Minister of Indian Affairs and Northern Development.
WITNESSES:
Department of Indian Affairs and Northern Development:
Sandra Ginnish, Director General, Treaties, Research, International and Gender Equality Branch;
Wendy Cornet, Special Advisor.
The Honourable Andy Scott made a statement and together with the other witnesses answered questions.
At 5 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Line Gravel
Clerk of the Committee