Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 1 - Evidence for May 2, 2006
OTTAWA, Tuesday May 2, 2006
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 8:40 a.m., pursuant to rule 88 of the Senate, for an organization meeting.
[Traduction]
Mr. Gérald Lafrenière, Clerk of the Committee: Honourable senators, I see a quorum. As clerk of the committee, it is incumbent upon me to preside over the election of the chair. I am ready to entertain motions to that effect.
Senator Nolin: I move that Senator Oliver be the chair of this committee.
[Français]
Mr. Lafrenière: Are there any other motions? Seeing none —
[Traduction]
Mr. Lafrenière: It is moved by the Honourable Senator Nolin that the Honourable Senator Oliver do take the chair of this committee. Is it the pleasure of the committee to adopt the motion?
Hon. Senators: Agreed.
Mr. Lafrenière: I invite Senator Oliver to take the chair.
[Français]
Senator Donald H. Oliver (Chairman) in the chair.
The Chairman: Thank you. The second item is the election of the deputy chair. Is there a mover?
Senator Cook: I move Senator Milne in absentia. I understand she is on her way.
The Chairman: It is moved by Senator Cook that Senator Milne be the deputy chair of this committee. Is it agreed, honourable senators?
Hon. Senators: Agreed.
The Chairman: Item 3 on the agenda is the Subcommittee on Agenda and Procedure. Is there a mover?
Senator Munson: I so move.
The Chairman: It is moved by Senator Munson:
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.
Is it agreed, honourable senators?
Hon. Senators: Agreed.
The Chairman: Agenda item 4 is a motion to print the committee's proceedings.
Senator Joyal: I so move.
The Chairman: It is moved by the Honourable Senator Joyal:
That the committee print its proceedings; and
That the chair be authorized to set the number to meet demand.
Is it agreed, honourable senators?
Hon. Senators: Agreed.
The Chairman: Item 5 is authorization to hold meetings and to print evidence when quorum is not present.
Senator Cook: I so move.
The Chairman: It is moved by Senator Cook that, pursuant to rule 89, the chair be authorized to hold meetings; and 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.
Is it agreed, honourable senators?
Hon. Senators: Agreed.
The Chairman: Item 6 is the financial report. Senator Losier-Cool, do you wish to move that?
Senator Joyal: I propose to move that because Senator Losier-Cool was not a member of the committee at that time. I think it is preferable that the mover be someone who was a member of the committee.
The Chairman: It is moved by Senator Joyal that the committee adopt the first report prepared in accordance with rule 104.
Is it agreed, honourable senators?
Hon. Senators: Agreed.
The Chairman: Item 7 is research staff.
Senator Nolin: I so move.
The Chairman: It is moved by Senator Nolin:
That the committee ask the Library of Parliament to assign 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.
Is it agreed, honourable senators?
Hon. Senators: Agreed.
The Chairman: Carried.
I would like to invite Ms. Young, the researcher, to come to the table.
Next is item 8: Authority to commit funds and certify accounts.
Senator Furey: I so move.
The Chairman: It is moved by Senator Furey:
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.
Is it agreed, honourable senators?
Hon. Senators: Agreed.
The Chairman: Agenda item 9 is travel, 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.
Senator Munson: I so move.
The Chairman: Is it agreed, honourable senators?
Hon. Senators: Agreed.
The Chairman: Item 10 is designation of members travelling on committee business:
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.
Senator Cook: I so move.
The Chairman: Is it agreed, honourable senators?
Hon. Senators: Agreed.
The Chairman: Carried.
Next is travelling and living expenses of witnesses that, pursuant to the Senate guidelines for witness 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.
Senator Nolin: I so move.
The Chairman: Is that agreed, honourable senators?
Hon. Senators: Agreed.
The Chairman: Carried.
Item 12 is electronic media coverage of public meetings:
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.
Senator Munson: I so move.
The Chairman: Is that agreed, honourable senators?
Hon. Senators: Agreed.
The Chairman: Item 13 is the time slot. So everyone will know, all committees have fixed periods when they meet. The time for this particular committee is Wednesday at four o'clock. That is when a motion is also made in the chamber saying that all business before the committees shall cease at four o'clock so that committees can take place.
Senator Cook: I think it should be Thursday at 10:45 a.m and not 10:45 p.m.
Senator Losier-Cool: Yes.
The Chairman: I think you are quite correct. Wednesday is at four o'clock and Thursday at 10:45 in the morning.
Is there any other business to come before the committee at this time?
Honourable senators, there is a bill before the Senate today that went through the House of Commons. It is called Bill C-4, An Act to amend An Act to amend the Canada Elections Act and the Income Tax Act. It was passed in the House of Commons on April 27, 2006. It is a one-page bill dealing with an issue that arose from a decision of the Supreme Court of Canada. That is something that has a sunset clause. That means that the bill should receive Royal Assent sometime this month.
Senator Munson: Does it come before this committee?
The Chairman: Election matters come before this committee. Section 26 states that:
Within two years of the coming into force of this section, the committee of the Senate that normally considers electoral matters and the committee of the House of Commons that normally considers electoral matters, shall each undertake a comprehensive review of the amendments made by this Act and submit a report to its House containing its recommendations concerning those amendments.
That matter likely will be one of the first to come before this committee when it is properly authorized and set up.
Is there any other matter to come before this committee at this time?
Senator Joyal: In the previous Parliament members will remember that two issues were pending in front of the committee. The committee started studying them. They are mentioned in the last paragraph of our first report. One is the examination of petitions for Ottawa to become a bilingual city and the second is the examination of including non- derogation clauses in legislation. The committee has heard witnesses on both issues. However, the committee did not have time to complete its studies on the issues. I understand that the issues are still valid and will be revived according to the normal procedure but I wanted to signal that to the chair. Namely, the committee has started its discussion on the issues, especially the examination of non-derogation clauses and legislation. The committee started this examination and it was postponed because of dissolution. I want to signal that to the chair.
The Chairman: Do you know if any kind of preliminary report has been prepared based on the evidence you have heard?
Senator Joyal: No. My colleague Senator Nolin attended some of the meetings but the committee had not reached the point where it was considering a possible draft report. It had just started to hear witnesses on those two issues. We are not at the stage of producing the report.
The Chairman: Another bill was before this committee for which there was no evidence heard. It seems to me there was a bill to deal with the election of the Speaker of the Senate. That bill languished in this committee for several months.
Senator Joyal: That is another issue, yes. It might be revived and come back to the committee as the issue of the non- derogation clause; for this committee we will need a motion in the Senate to refer the subject of that study to this committee. We will see what will happen in the Senate chamber. I just wanted to signal that to you.
The Chairman: Senator Milne, welcome.
Senator Milne: I apologize.
The Chairman: We had quorum and a number of senators have to go to another meeting very soon. We waited for about 17 minutes and we checked your office.
Senator Milne: I was in a meeting at the East Block and it was not on my agenda. I apologize sincerely. I will be here from now on.
The Chairman: You were unanimously elected the vice-chair of this committee. Congratulations.
Senator Milne: Thank you.
The Chairman: Are there any other matters to come before the committee? If not, a motion to adjourn would be in order.
Senator Joyal: I so move.
The Chairman: Thank you very much.
The committee adjourned.