Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 30 - Minutes of Proceedings
OTTAWA, Wednesday, June 6, 2007
(73)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:14 p.m., in room 257, East Block, the Chair, the Honourable Donald H. Oliver, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Bryden, Fraser, Hervieux- Payette, P.C., Milne, Moore, Oliver, Robichaud, P.C., Rompkey, P.C., Stratton and Tkachuk (12).
Other senator present: The Honourable Senator Cowan (1).
In attendance: Margaret Young and Jack Stilborn, Principals, Parliamentary Information and Research Services, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Tuesday, February 20, 2006, the committee continued its consideration of Bill S-4, to amend the Constitution Act, 1867 (Senate tenure). (For complete text of Order of Reference, see proceedings of the committee, Issue No. 23.)
WITNESS:
Department of Justice Canada:
Warren J. Newman, General Counsel, Constitutional and Administrative Law Section.
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-4, to Amend the Constitution Act, 1867 (Senate tenure).
It was agreed that the title stand postponed.
It was agreed that the preamble stand postponed.
It was agreed that clause 1 (short title) stand postponed.
The Chair asked whether clause 2 shall carry.
It was moved by the Honourable Senator Milne that Bill S-4 be amended in clause 2, on page 2, by replacing lines 8 to 16 with the following:
``29. (1) Subject to subsection (2), the place of a Senator in the Senate shall, subject to the provisions of this Act, be held for a term of fifteen years, and the term shall not be extended or renewed.
(2) The place of a Senator shall become vacant when the Senator attains the age of seventy-five years.
(3) Notwithstanding subsection (1) but subject to the provisions of this Act, the place of a Senator who is summoned to the Senate before the coming into force of the Constitution Act, 2006 (Senate tenure) shall continue to be held until the Senator attains the age of seventy-five years.''.
After debate, it was agreed to invite Warren J. Newman to sit at the table to answer questions during clause-by- clause consideration of Bill S-4. Mr. Newman answered questions from time to time.
It was moved by the Honourable Senator Baker, P.C. that the motion in amendment be amended by replacing the words ``2006'' with the words ``2007''.
After debate, the question being put on the sub-amendment to the motion in amendment, it was adopted.
At 5:15 p.m. the committee suspended.
At 5:45 p.m. the committee resumed.
The committee resumed consideration of the question that the motion in amendment carry.
The question being put on the motion in amendment, it was adopted, on division.
It was agreed that clause 2, as amended, carry.
It was agreed that clause 3 carry.
It was agreed that the preamble carry.
The Chair asked whether clause 1 (short title) shall carry.
It was moved by the Honourable Senator Fraser that Bill S-4 be amended in clause 1 (short title), by replacing the words ``2006'' with the words ``2007''.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 1 (short title), as amended, carry.
It was agreed that the title carry.
The Chair asked whether the bill, as amended, shall carry.
It was moved by the Honourable Senator Milne that the bill as amended carry with the following recommendation to be included in the committee's report:
That the bill, as amended, not be proceeded with at third reading until such time as the Supreme Court of Canada has ruled with respect to its constitutionality.
After debate, the question being put on the motion, it was adopted, on the following recorded division:
YEAS: The Honourable Senators Baker P.C., Bryden, Fraser, Milne, Moore, Robichaud, P.C. and Romkey, P.C.—7.
NAYS: The Honourable Senators Andreychuk, Stratton and Tkachuk—3.
ABSTENTIONS: The Honourable Senator Hervieux-Payette—1.
It was agreed that the committee discuss the appending of observations to the report on the following recorded division:
YEAS: The Honourable Senators Baker P.C., Bryden, Fraser, Milne, Moore, Robichaud, P.C. and Romkey, P.C.—7.
NAYS: The Honourable Senators Andreychuk, Oliver, Stratton and Tckachuk—4.
ABSTENTIONS: Nil.
It was agreed that the committee continue in public to discuss draft observations.
After debate, it was agreed that the Chair report the bill, as amended, with a recommendation and observations on the following recorded division:
YEAS: The Honourable Senators Baker, P.C., Bryden, Fraser, Milne, Moore, Robichaud, P.C. and Romkey, P.C.—7.
NAYS: The Honourable Senators Andreychuk, Oliver, Stratton and Tkachuk—4.
ABSTENTIONS: Nil.
At 6:55 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Thursday, June 7, 2007
(74)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:56 a.m., in room 2, Victoria Building, the Deputy Chair, the Honourable Lorna Milne, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Bryden, Fraser, Milne, Nolin, Rivest, Robichaud, P.C. and Stratton (9).
In attendance: Wade Riordan-Raaflaub and Robin Mackay, Analysts, Parliamentary Information and Research Services, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on May 9, 2007, the committee began its consideration of Bill C-18, to amend certain Acts in relation to DNA identification
APPEARING:
The Honourable Robert Nicholson, P.C., M.P., Minister of Justice and Attorney General of Canada.
WITNESSES:
Department of Justice Canada:
Greg Yost, Counsel, Criminal Law Policy Section.
Office of the Judge Advocate General:
Lieutenant Colonel Jill Wry, Director of Law/Military Justice Policy and Research.
Royal Canadian Mounted Police:
Joe Buckle, Director General, Forensic Science and Identification Services;
John Bowen, Director, Biology Services;
Isabelle Trudel, Officer in Charge, National DNA Data Bank;
Anne-Elizabeth Charland, Officer in Charge, Scientific Services.
The Deputy Chair made an opening statement.
Minister Nicholson made a statement and together with Mr. Yost and Lt. Col. Wry answered questions.
At 12:07 p.m., the committee suspended.
At 12:14 p.m., the committee resumed.
Mr. Buckle made a statement and together with Mr. Bowen, Ms. Trudel and Ms. Charland answered questions.
At 1:06 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Shaila Anwar
Clerk of the Committee