Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 1 - Minutes of Proceedings
OTTAWA, Wednesday, October 20, 2004
(1)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 4:30 p.m., in room 257, East Block for the purpose of organization, pursuant to rule 88.
Members of the committee present: The Honourable Senators Bacon, Cools, Eyton, Joyal, P.C., Mercer, Milne, Nolin, Pearson, Ringuette, Rivest and Sibbeston (11).
In attendance: From the Library of Parliament, Margaret Young, Analyst.
Also in attendance: The official reporters of the Senate.
The Clerk of the Committee presided over the election of the Chair.
The Honourable Senator Rivest moved that the Honourable Senator Bacon to take the Chair of this Committee.
The question being put on the motion, it was adopted.
The Honourable Senator Bacon took the Chair.
The Honourable Senator Ringuette moved that the Honourable Senator Eyton be Deputy Chair of this Committee.
The question being put on the motion, it was adopted.
The Honourable Senator Mercer moved that the Subcommittee on Agenda and Procedure be composed of the Chair, the Deputy Chair and the Honourable Senator Ringuette.
The question being put on the motion, it was adopted.
The Honourable Senator Nolin moved that the Subcommittee on Agenda and Procedure be empowered to make decisions on behalf of the Committee with respect to its agenda, to invite witnesses and schedule hearings.
After debate, the question being put on the motion, it was adopted.
The Honourable Senator Mercer moved:
That the committee print its Proceedings; and
That the Chair be authorized to set this number to meet demand.
The question being put on the motion, it was adopted.
The Honourable Senator Ringuette moved 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 of the government and the opposition be present.
The question being put on the motion, it was adopted.
The Honourable Senator Nolin moved that the committee adopt the draft first report, prepared in accordance with rule 104.
After debate, the question being put on the motion, it was adopted.
The Honourable Senator Nolin moved:
That the committee ask the Library of Parliament to assign research analysts 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.
The Honourable Senator Ringuette moved:
That, pursuant to section 32 of the Financial Administration Act and Section 7, Chapter 3:06 of the Senate Administrative Rules, authority to commit funds be conferred individually on the Chair, the Deputy Chair, and the Clerk of the Committee; and
That, pursuant to section 34 of the Financial Administration Act, and Section 8, Chapter 3:06 of the Senate Administrative Rules, authority for certifying accounts payable by the committee be conferred individually on the Chair, the Deputy Chair, and the Clerk of the Committee.
The question being put on the motion, it was adopted.
The Honourable Senator Nolin moved 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.
After debate, the question being put on the motion, it was adopted.
The Honourable Senator Nolin moved 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 an 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.
The Honourable Senator Mercer moved that, pursuant to the Senate guidelines for witnesses expenses, the committee may reimburse reasonable travelling 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.
The Honourable Senator Nolin moved:
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 Chair informed the committee of the time slot for its regular meetings.
The committee discussed its future business.
At 5:05 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Wednesday, October 27, 2004
(2)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met in camera this day, at 4:12 p.m., in room 257, East Block, the Honourable Lise Bacon, Chair, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Bacon, Cools, Eyton, Mercer, Nolin, Ringuette, Rivest and Sibbeston (9).
In attendance: From the Library of Parliament, Margaret Young, Analyst.
In accordance with Rule 92(2)(e), the committee considered a draft agenda.
It was moved that Senators' staff be permitted to remain for the in camera meeting.
The question being put on the motion, it was adopted.
At 4:45 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, November 3, 2004
(3)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 4:10 p.m., in room 257, East Block, the Honourable Lise Bacon, Chair, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Bacon, Cools, Joyal, P.C, Mercer, Pearson and Ringuette (7).
Other senators present: The Honourable Senators Adam, Gill and Watt (3).
In attendance: From the Library of Parliament, Margaget Young and Wade Raaflaub, Analysts.
Also in attendance: The official reporters of the Senate.
The committee considered the following budget for legislation for 2004-2005:
Summary of Expenditures
| Professional and Other Services | $ 21,500 |
| Transportation and Communications | $ 25,320 |
| All Other Expenditures | $ 1,000 |
| TOTAL | $ 47,820 |
The Honourable Senator Mercer moved the adoption of the budget.
The question being put on the motion, it was adopted.
The committee considered its draft agenda.
At 4:27 p.m., the committee suspended.
At 4:42 p.m., the committee resumed.
Pursuant to the Order of Reference adopted by the Senate on Tuesday, October 26, 2004, the committee began its consideration of Bill S-10, A second Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain acts in order to ensure that each language version takes into account the common law and the civil law.
APPEARING:
The Honourable Irwin Cotler, P.C., M.P., Minister of Justice and Attorney General of Canada.
WITNESSES:
Justice Canada:
Marc Cuerrier, Senior General Counsel, Bijuralism and Drafting Support Services Group;
Alain Vauclair, General Counsel, Legislative Services Branch.
The witnesses each made an opening statement and, together, answered questions.
At 6:05 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, November 4, 2004
(4)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 10:55 a.m., in room 257, East Block, the Honourable Lise Bacon, Chair, presiding.
Members of the committee present: The Honourable Senators Bacon, Cools, Joyal, P.C, Mercer, Nolin, Pearson, Ringuette and Sibbeston (8).
In attendance: From the Library of Parliament, Margaget Young and Wade Raaflaub, Analysts.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Tuesday, October 26, 2004, the committee continued its consideration of Bill S-10, A second Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain acts in order to ensure that each language version takes into account the common law and the civil law.
WITNESS:
McGill University:
Professor Nicholas Kasirer, Dean, Faculty of Law.
The witness made an opening statement and answered questions.
At 12:20 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Adam Thompson
Clerk of the Committee