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Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 5 - Minutes of Proceedings


OTTAWA, Wednesday, January 30, 2008
(10)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:05 p.m., in room 257, East Block, the Chair, the Honourable Joan Fraser, presiding.

Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Fraser, Joyal, P.C., Merchant, Milne, Oliver, St. Germain, P.C., Stratton and Watt (10).

Other senator present: The Honourable Senator Sibbeston (1).

In attendance: Sebastian Spano, Analyst, 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 Thursday, November 29, 2007, the committee continued its consideration of Bill C-11. (For complete text of the order of reference, see proceedings of the committee, Issue No. 4.)

WITNESSES:

Nunatsiavut Government:

William Barbour, Minister of Lands and Resources;

Veryan Haysom, Legal Counsel.

Village of Quaqtaq:

His Worship Johnny Oovaut, Mayor.

Village of Inukjuaq:

His Worship Johnny Naktialuk, Mayor.

It was agreed that the following documents be filed as exhibits:

  • Bill C-11, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act (Exhibit 5900-2.39/L1-C-11, 5, ``1'');

  • Letter to Pita Aatami, President Makivik, dated May 8, 2007 (Exhibit 5900-2.39/L1-C-11, 5, ``2'');

  • Letter from Pita Aatami, President Makivik, dated May 11, 2007 (Exhibit 5900-2.39/L1-C-11, 5, ``3'');

  • Briefing notes on Agreement, prepared by President Makivik, dated April 4, 2007 (Exhibit 5900-2.39/L1-C-11, 5, `4'');

  • Letter to Minister of Indians Affairs and Northern Development, dated June 6, 2007 (Exhibit 5900-2.39/L1-C- 11, 5, ``5'');

  • Letter to Minister of Indians Affairs and Northern Development, dated September 18, 2007 (Exhibit 5900- 2.39/L1-C-11, 5, ``6'');

  • Letter to Minister of Indians Affairs and Northern Development, dated October 16, 2007 (Exhibit 5900-2.39/ L1-C-11, 5, ``7'');

  • Legal opinion on Bill C-11 and on the Agreement and Summary (Exhibit 5900-2.39/L1-C-11, 5, ``8'');

  • Debates of the Senate on Bill C-11, dated June 18, 2007, June 20, 2007, June 21, 2007 and November 14, 2007 (Exhibit 5900-2.39/L1-C-11, 5, ``9'');

  • Bill C-11 second reading, speech of the Honourable Senator Charlie Watt, dated November 29, 2007 and the press release (Exhibit 5900-2.39/L1-C-11, 5, ``10'');

  • Letter to the Honourable Benoît Pelletier, M.P., Minister, Secretariat for Aboriginal Affairs, dated December 14, 2007 (Exhibit 5900-2.39/L1-C-11, 5, ``11'');

  • Letter to Claude Longpré, Chief of staff, Office of the Minister Responsible for Aboriginal Affairs, dated January 21, 2008 (Exhibit 5900-2.39/L1-C-11, 5, ``12''); and

  • Letter to Pita Aatami, President Makivik, dated January 29, 2008 (Exhibit 5900-2.39/L1-C-11, 5, ``13'').

Mr. Barbour made an opening statement and, with Mr. Haysom, answered questions.

At 5:17 p.m., the committee suspended.

At 5:22 p.m., the committee resumed.

Mr. Oovaut and Mr. Naktialuk each made a statement and, together, answered questions.

It was agreed that the brief submitted by Joanasie Koperqualuk, dated January 27, 2007 be filed as an exhibit (Exhibit 5900-2.39/L1-C-11, 5, ``14'').

At 6:25 p.m., the committee adjourned to the call of the chair.

ATTEST:


OTTAWA, Thursday, January 31, 2008
(11)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:52 a.m., in room 257, East Block, the Chair, the Honourable Joan Fraser, presiding.

Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Fraser, Joyal, P.C., Merchant, Milne, Oliver, St. Germain, P.C., Stratton, Watt and Zimmer (11).

Other senators present: The Honourable Senators Adams, Gustafson, Lapointe and Sibbeston (4).

In attendance: Mary Hurley, Analyst, 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 Thursday, December 6, 2007, the committee began its consideration of Bill S-213, An Act to amend the Criminal Code (lottery schemes).

It was agreed that the committee proceed to clause-by-clause consideration of Bill S-213.

It was agreed that the title stand postponed.

It was agreed that clause 1 carry.

It was agreed that clause 2 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.

At 10:57 a.m., pursuant to the order of reference adopted by the Senate on Thursday, November 29, 2007, the committee continued its consideration of Bill C-11. (For complete text of the order of reference, see proceedings of the committee, Issue No. 4.)

It was agreed that the committee proceed to clause-by-clause consideration of Bill C-11.

It was agreed that the title stand postponed.

It was agreed that the preamble stand postponed.

It was agreed that clause 1, the short title, stand postponed.

With leave, it was agreed that clauses 2 to 12 carry.

The Honourable Senator Watt moved:

That Bill C-11 be amended after clause 12, on page 4, by adding new clauses 12.1 and 12.2 after line 26 with the following:

``12.1 (1) Within ten years after this Act receives royal assent, a review of the provisions and operation of this Act and the Agreement may be undertaken by Makivik.

(2) Makivik may submit a report on any review undertaken under subsection (1) to the Minister referred to in subsection 12.2(1).

(3) The Minister shall cause any report submitted under subsection (2) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.

12.2 (1) Within ten years after this Act receives royal assent, a comprehensive review of the provisions and operation of this Act and the Agreement shall be undertaken by the Minister designated by the Governor in Council for the purposes of this Act.

(2) The Minister shall cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed..''

At 11:50 a.m., the committee suspended.

At 11:55 a.m., the committee resumed.

The Honourable Senator Joyal, P.C. moved:

That the motion in amendment be amended by replacing the expression ``provisions and operation'' in subclauses 12.1(1) and 12.2(1) with ``implementation.''

After debate, the question being put on the sub-amendment, it was adopted on the following division:

YEAS: The Honourable Senators Baker, Joyal, Merchant, Milne, Watt and Zimmer (6);

NAYS: The Honourable Senators Andreychuk, Gustafson, St. Germain and Stratton (4);

ABSTENTIONS: None (0).

The question being put on the motion in amendment as amended, it was adopted, on division.

It was agreed that clause 13 carry.

It was agreed that clause 14 carry.

It was agreed that clause 15 carry.

It was agreed that clause 1 carry.

It was agreed that the preamble carry.

It was agreed that the title carry.

It was agreed, on division, that the bill be adopted as amended.

At 12:07 p.m., pursuant to rule 92(2)(f), the committee proceeded in camera to consider appending observations to the report.

At 12:27 p.m., the committee resumed in public.

It was agreed that the bill be reported to the Senate as amended, and with observations.

At 12:30 p.m., the committee adjourned to the call of the chair.

ATTEST:

Adam Thompson

Clerk of the Committee