Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 1 - Minutes of Proceedings
OTTAWA, Thursday, February 12, 2009
(1)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met at 11:34 a.m. this day, in room 257, East Block, for the purpose of holding its organization meeting, pursuant to rule 88.
Members of the committee present: The Honourable Senators Bryden, Campbell, Dickson, Fraser, Joyal, P.C., Milne, Nolin, Rivest, Wallace and Watt (10).
In attendance: Jennifer Bird and Carolina Mingarelli, Analysts, Parliamentary Information and Research Service, 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 Nolin 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 took the chair.
The Honourable Senator Milne moved that the Honourable Senator Nolin be deputy chair of this committee.
The question being put on the motion, it was adopted.
The Honourable Senator Nolin 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.
After debate, the question being put on the motion, it was adopted.
The Honourable Senator Joyal, P.C., 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 Dickson 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 Campbell moved:
That the committee adopt the draft first report prepared in accordance with rule 104(2).
The question being put on the motion, it was adopted.
The Honourable Senator Campbell 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 Milne moved:
That, pursuant to 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;
That, pursuant to 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; and
That, notwithstanding the foregoing, in cases related to consultants and personnel services, the authority to commit funds and certify accounts be conferred jointly on the chair and deputy chair.
The question being put on the motion, it was adopted.
The Honourable Senator Dickson moved:
That the committee empower the Subcommitte 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 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 a function, event or meeting related to the work of the committee; or (b) making a presentation related to the work of the committee; and
That the subcommittee report at the earliest opportunity any decisions taken with respect to the designation of members of the committee travelling on committee business.
The question being put on the motion, it was adopted.
The Honourable Senator Campbell 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 Watt moved:
That the chair be authorized to seek authority from the Senate to permit coverage by electronic media of the committee's 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 noted that the time slots for regular meetings were Wednesday evenings from 4 p.m. to 6 p.m. and Thursday mornings from 10:30 a.m. to 12:30 p.m.
The Honourable Senator Joyal, P.C., moved:
That the chair table the first report at the next sitting of the Senate.
The question being put on the motion, it was adopted.
At 11:52 p.m., pursuant to rule 92(2)(e), the committee continued in camera to consider a draft agenda.
At 12:13 p.m., the committee continued in public.
The Honourable Senator Milne moved:
That the chair be authorized to seek authority from the Senate the following order of reference:
That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine and report on the provisions and operation of An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another Act (S.C. 2008, c. 29); and
That the committee submit its final report no later than June 30, 2009.
The question being put on the motion, it was adopted.
The Honourable Senator Joyal, P.C., moved:
That the chair, the Subcommittee on Agenda and Procedure and the clerk be authorized to draft a motion for an order of reference for the required statutory review of the DNA Identification Act, Statutes of Canada, 1998, chapter 37, section 13; and
That the chair be authorized to seek authority from the Senate for the order of reference.
The question being put on the motion, it was adopted.
At 12:16 p.m., it was agreed that the committee adjourn to the call of the chair.
ATTEST:
OTTAWA, Thursday, February 26, 2009
(2)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:36 a.m., in room 257, East Block, the chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Angus, Baker, P.C., Bryden, Campbell, Dickson, Fraser, Joyal, P.C., Milne, Nolin, Rivest, Wallace and Watt (12).
In attendance: Jennifer Bird, Robert Dufresne and Carolina Mingarelli, Analysts, Parliamentary Information and Research Service, Library of Parliament.
It was agreed that the chair and deputy chair seek the approval of the whips to change the committee's Thursday time-slot from 10:45 a.m. to 12:45 p.m.
It was agreed that the chair and the deputy chair seek the approval of the whips to provide the chair, in consultation with the deputy chair, the discretion to extend the sitting to 1:15 p.m., if circumstances necessitate it without having to consult the whips.
The committee proceeded to the consideration of draft budgets.
The Honourable Senator Nolin moved:
That the following legislative budget application for the fiscal year ending March 31, 2010, in the amount of $ 47,350, be approved for submission to the Standing Committee on Internal Economy, Budgets and Administration:
Summary of Expenditures
Professional and Other Services $ 43,250 Transportation and Communications 100 All Other Expenditures 4,000 TOTAL $ 47,350
The question being put on the motion, it was adopted.
The Honourable Senator Watt moved:
That the following special study budget application (statutory review of An Act to amend the National Defence Act (court martial)) for the fiscal year ending March 31, 2010, in the amount of $ 2,700, be approved for submission to the Standing Committee on Internal Economy, Budgets and Administration:
Summary of Expenditures
Professional and Other Services $ 2,500 Transportation and Communications 0 All Other Expenditures 200 TOTAL $ 2,700
The question being put on the motion, it was adopted.
The Honourable Senator Nolin moved:
That, for the duration of this session of Parliament, each committee member be allowed to have one staff person present while the committee is meeting in camera, unless there is a decision for a particular meeting to exclude all staff.
The question being put on the motion, it was adopted.
At 10:50 a.m., pursuant to rule 92(2)(e), the committee meet in camera to consider a draft agenda. Pursuant to the order of reference adopted by the Senate on Tuesday, February 24, 2009, the committee commenced its consideration of an Act to amend the National Defence Act (court martial).
At 11:25 a.m., the committee adjourned to the call of the chair.
ATTEST:
Jessica Richardson
Clerk of the Committee