Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 1 - Minutes of Proceedings
OTTAWA, Wednesday, November 14, 2007
(1)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:05 p.m., in room 257, East Block, for the purpose of organization, pursuant to rule 88.
Members of the committee present: The Honourable Senators Baker, P.C., Bryden, Di Nino, Fraser, Jaffer, Joyal, P.C., Milne, Oliver, Stratton and Watt (10).
Other senator present: The Honourable Senator Spivak (1).
In attendance: Sebastian Spano and Mary Hurley, Analysts, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to rule 88, the clerk of the committee presided over the election of the chair.
The Honourable Senator Stratton moved:
That the Honourable Senator Fraser do take the chair of this committee.
The question being put on the motion, it was adopted.
The Honourable Senator Fraser assumed the chair.
The Honourable Senator Milne moved:
That the Honourable Senator Andreychuk be deputy chair of this committee.
After debate, the question being put on the motion, it was adopted.
The Honourable Senator Di Nino moved:
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.
The Honourable Senator Joyal moved:
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.
The Honourable Senator Jaffer 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 from both the government and the opposition be present.
The question being put on the motion, it was adopted.
The Honourable Senator Milne moved:
That the committee adopt the draft first report, prepared in accordance with rule 104.
The question being put on the motion, it was adopted.
The Honourable Senator Di Nino moved:
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.
The question being put on the motion, it was adopted.
The Honourable Senator Di Nino 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 Milne 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.
The question being put on the motion, it was adopted.
The Honourable Senator Watt moved:
That the Subcommittee on Agenda and Procedure be authorized to:
determine whether any member of the committee is on ``official business'' for the purpose of paragraph 8(3)(a) of the Senators Attendance Policy, published in the Journals of the Senate on Wednesday, June 3, 1998; and
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.
After debate, the question being put on the motion, it was adopted.
The Honourable Senator Di Nino 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 Jaffer 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 members that the committee's regular meeting times are Wednesday at 4 p.m. and Thursday at 10:45 a.m.
At 4:37 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Wednesday, November 21, 2007
(2)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:10 p.m., in room 257, East Block, the Chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Bryden, Chaput, Di Nino, Fraser, Joyal, P.C., Oliver, Stratton and Watt (9).
Other senators present: The Honourable Senators Adams, Dyck and Lovelace Nicholas (3).
In attendance: Sebastian Spano and Mary Hurley, Analysts, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Tuesday, November 13, 2006, the committee began its consideration of Bill S-203, An Act to amend the Criminal Code (cruelty to animals).
WITNESS:
Senate of Canada:
The Honourable Senator John G. Bryden, sponsor of the bill.
The chair made an opening statement.
Senator Bryden made a statement and answered questions.
Pursuant to the order of reference adopted by the Senate on Tuesday, November 20, 2007, the committee continued its consideration on the implications of including, in legislation, non-derogation clauses relating to existing Aboriginal and treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.
At 4:30 p.m., the committee suspended its sitting.
At 4:32 p.m., the committee resumed its sitting in camera.
In accordance with rule 92(2)(e), the committee considered its draft report.
It was agreed that staff be permitted to remain for the in camera portion of the meeting.
At 5:50 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Thursday, November 22, 2007
(3)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:50 a.m., in room 256-S, Centre Block, the Chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Bryden, Cowan, Di Nino, Fraser, Joyal, P.C., Oliver, Peterson, Stratton and Watt (11).
Other senator present: The Honourable Senator Adams (1).
In attendance: Sebastian Spano and Mary Hurley, Analysts, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Tuesday, November 13, 2006, the committee resumed its consideration of Bill S-203, An Act to amend the Criminal Code (cruelty to animals).
The Honourable Senator Di Nino moved:
That, unless otherwise ordered, committee members' staff be permitted to attend in camera meetings of the committee.
The question being put on the motion, it was adopted.
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-203, An Act to amend the Criminal Code (cruelty to animals).
It was agreed that the title stand postponed.
It was agreed that clause 1 carry.
It was agreed that the title carry.
It was agreed that the bill be adopted without amendment.
It was agreed that the bill be reported to the Senate at the next sitting.
Pursuant to the order of reference adopted by the Senate on Tuesday, November 20, 2007, the committee continued its consideration on the implications of including, in legislation, non-derogation clauses relating to existing Aboriginal and treaty rights of the Aboriginal peoples of Canada under s. 35 of the Constitution Act, 1982.
At 10:55 a.m., the committee suspended its sitting.
At 11:04 a.m., the committee resumed its sitting in camera.
In accordance with rule 92(2)(e), the committee considered its draft report.
At 11:35 a.m., the committee suspended its sitting.
At 11:42 a.m., the committee resumed its sitting.
At 12:43 p.m., the committee adjourned to the call of the chair.
ATTEST:
Adam Thompson
Clerk of the Committee