Proceedings of the Standing Senate Committee on
Human Rights
Issue 4 - Minutes of Proceedings
OTTAWA, Monday, June 7, 2010
(9)
[English]
The Standing Senate Committee on Human Rights met this day, at 4:02 p.m., in room 257, East Block, the chair, the Honourable Janis G. Johnson, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Brazeau, Dyck, Jaffer, Johnson, Kochhar, Mitchell and Nancy Ruth (9).
In attendance: Julian Walker and Tonina Simeone, Analysts, Parliamentary Information and Research Service.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Wednesday, May 5, 2010, the committee continued its examination of Bill S-4, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves. (For complete text of the order of reference, see proceedings of the committee, Issue No. 2.)
WITNESSES:
Federation of Saskatchewan Indian Nations:
Marie-Anne Day Walker-Pelletier, Chief, Chair, Saskatchewan First Nations Women's Commission.
Quebec Native Women:
Ellen Gabriel, President.
Atlantic Policy Congress of First Nations Chiefs:
Noah Augustine, Chief, Co-chair;
Lawrence Paul, Chief, Co-chair.
As an individual:
Pamela D. Palmater, Chair, Centre for Study of Indigenous Governance, Department of Politics and Public Administration, Ryerson University.
Anishinabek Nation:
Shining Turtle, Chief;
Emma Meawasige, Elder, Serpent River First Nation.
Chief Day Walker-Pelletier, Ms. Gabriel, Chief Paul and Chief Augustine each made a presentation and, together, answered questions.
At 5:26 p.m., the committee suspended.
At 5:32 p.m., the committee resumed.
Ms. Palmater, Ms. Meawasige, and Chief Shining Turtle each made a presentation and, together, answered questions.
At 6:55 p.m., the committee suspended.
At 6:59 p.m., the committee resumed.
At 7 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Wednesday, June 9, 2010
(10)
[English]
The Standing Senate Committee on Human Rights met this day, at 12:05 p.m., in room 705, Victoria Building, the chair, the Honourable Janis G. Johnson, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Brazeau, Dyck, Jaffer, Johnson, Kochhar, Mitchell and Nancy Ruth (9).
Other senator present: The Honourable Senator Raine (1).
In attendance: Julian Walker and Anna Gay, Analysts, Parliamentary Information and Research Service.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Wednesday, May 5, 2010, the committee continued its examination of Bill S-4, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves. (For complete text of the order of reference, see proceedings of the committee, Issue No. 2.)
WITNESSES:
Indian and Northern Affairs Canada:
Line Paré, Director General, External Relations and Gender Issues Branch.
Department of Justice Canada:
Karl Jacques, Senior Counsel.
Mr. Jacques and Ms. Paré made a presentation and answered questions.
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-4.
It was agreed that the title stand postponed.
It was agreed that the preamble stand postponed.
It was agreed that clause 1, containing the short title, stand postponed.
The chair asked whether clause 2 shall carry.
The Honourable Senator Nancy Ruth moved:
That Bill S-4, in clause 2, be amended by:
(a) adding after line 41 on page 4 the following:
"(2.1) For greater certainty, for the purposes of this Act, an agreement between spouses or common-law partners includes an agreement reached through the use of traditional dispute resolution."; and
(b) replacing line 44 on page 4 with the following:
"subsection (2.1), section 6, subsections 20(2), (4) and (5) and".
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 2, as amended, carry.
The chair asked whether clause 3 shall carry.
After debate, it was agreed that clause 3 carry.
It was agreed that clause 4 carry.
It was agreed that clause 5 carry.
It was agreed that clause 6 carry.
The chair asked whether clause 7 shall carry.
After debate, it was agreed that clause 7 carry.
The chair asked whether clause 8 shall carry.
After debate, the question being put on the motion, it was adopted.
The chair asked whether clause 9 shall carry.
The question being put on the motion, it was adopted.
The chair asked whether clause 10 shall carry.
The question being put on the motion, it was adopted.
The chair asked whether clause 11 shall carry.
After debate, the question being put on the motion, it was adopted.
The chair asked whether clause 12 shall carry.
The question being put on the motion, it was adopted.
The chair asked whether clause 13 shall carry.
The question being put on the motion, it was adopted.
The chair asked whether clause 14 shall carry.
The question being put on the motion, it was adopted.
The chair asked whether clause 15 shall carry.
The question being put on the motion, it was adopted.
The chair asked whether clause 16 shall carry.
The question being put on the motion, it was adopted.
The chair asked whether clause 17 shall carry.
After debate, the question being put on the motion, it was adopted.
The chair asked whether clause 18 shall carry.
The question being put on the motion, it was adopted.
The chair asked whether clause 19 shall carry.
The question being put on the motion, it was adopted.
The chair asked whether clause 20 shall carry.
The question being put on the motion, it was adopted.
The chair asked whether clause 21 shall carry.
After debate, it was agreed that further consideration of clause 21 be deferred.
The chair asked whether clause 22 shall carry.
The Honourable Senator Nancy Ruth moved:
That Bill S-4, in clause 22, be amended by replacing line 22 on page 16 with the following:
"rehearing, including evidence on the collective interests of the First Nation members, on whose reserve the family home is situated, in their reserve lands.".
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 22, as amended, carry.
The chair asked whether clause 23 shall carry.
The Honourable Senator Nancy Ruth moved:
That Bill S-4, in clause 23, be amended by replacing line 11 on page 17 with the following:
"any evidence presented at the hearing, including evidence on the collective interests of the First Nation members, on whose reserve the family home is situated, in their reserve lands.".
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 23, as amended, carry.
It was agreed that clause 24 carry.
The chair asked whether clause 25 shall carry.
The Honourable Senator Nancy Ruth moved:
That Bill S-4, in clause 25, be amended by
(a) replacing line 23 on page 18 with the following:
"(c) the collective interests of First Nation members in their reserve lands and the representations made by the council";
(b) adding after line 27 on page 18 the following:
"(c.1) the period during which the applicant has habitually resided on the reserve;"; and
(c) replacing lines 32 and 33 on page 18 with the following:
"modation that is situated on the reserve;".
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 25, as amended, carry.
At 1:18 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Monday, June 14, 2010
(11)
[English]
The Standing Senate Committee on Human Rights met this day, at 4 p.m., in room 257, East Block, the chair, the Honourable Janis G. Johnson, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Brazeau, Jaffer, Johnson, Kochhar, Mitchell, Munson and Nancy Ruth (8).
In attendance: Julian Walker and Anna Gay and Tonina Simeone, Analysts, Parliamentary Information and Research Service.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Wednesday, May 5, 2010, the committee continued its examination of Bill S-4, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves. (For complete text of the order of reference, see proceedings of the committee, Issue No. 2.)
WITNESSES:
Indian and Northern Affairs Canada:
Line Paré, Director General, External Relations and Gender Issues Branch.
Department of Justice Canada:
Karl Jacques, Senior Counsel.
The committee resumed clause-by-clause consideration of Bill S-4.
The committee resumed consideration of clause 21.
The Honourable Senator Jaffer moved:
That Bill S-4 be amended in clause 21, on page 12, by replacing lines 35 and 36 with the following:
"21. (1) On ex parte application by a spouse or common-law partner, whether or not that person is a First Nation member or an Indian, a designated judge of the province in which the family home is situated may".
The question being put on the motion in amendment, it was defeated.
The Honourable Senator Nancy Ruth moved:
That Bill S-4, in clause 21, be amended by replacing lines 35 and 36 on page 12 with the following:
"21. (1) On ex parte application by a spouse or common-law partner, a designated judge of the province in which the family home is situated may".
The question being put on the motion in amendment, it was adopted.
The Honourable Senator Jaffer moved:
That Bill S-4 be amended in clause 21, on page 12, by replacing line 37 with the following:
"make an order for a period of up to 180 days that".
The question being put on the motion in amendment, it was defeated.
The Honourable Senator Nancy Ruth moved:
That Bill S-4, in clause 21, be amended by replacing line 14 on page 13 with the following:
"the designated judge granted in accordance with the regulations.".
The question being put on the motion in amendment, it was adopted.
The Honourable Senator Nancy Ruth moved:
That Bill S-4, in clause 21, be amended by replacing line 34 on page 13 the following:
"interest or right in or to the family home;
(e.1) the period during which the applicant has habitually resided on the reserve; and".
The question being put on the motion in amendment, it was adopted.
The Honourable Senator Nancy Ruth moved:
That Bill S-4, in clause 21, be amended by replacing line 42 on page 14 with the following:
"(6) either directly or, if authorized by the court in the province in which the designated judge has jurisdiction, by substituted service in the manner, under the circumstances and on the conditions prescribed by regulation. The peace officer shall inform the applicant as soon as".
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 21, as amended, carry.
The chair asked whether clause 26 shall carry.
The Honourable Senator Nancy Ruth moved:
That Bill S-4, in clause 26, be amended by replacing line 9 on page 21 the following:
"(d) the collective interests of First Nation members in their reserve lands and the representations made by the council".
The question being put on the motion in amendment, it was adopted, on division.
The Honourable Senator Jaffer moved:
That Bill S-4 be amended in clause 26, on page 20, by replacing lines 32 and 33 with the following:
"survivor who is a member of the First Nation on whose reserve the family home is situated, order that the".
After debate, the question being put on the motion in amendment, it was defeated.
It was agreed that clause 26, as amended, carry.
It was agreed that clause 27 carry.
It was agreed that clause 28 carry.
It was agreed that clause 29 carry.
It was agreed that clause 30 carry.
The chair asked whether clause 31 shall carry.
The Honourable Senator Nancy Ruth moved:
That Bill S-4, in clause 31, be amended by replacing lines 29 to 32 on page 23 with the following:
"occupation of the family home to a spouse, common-law partner or survivor who is not a lessee under the lease for the family home, the spouse, common-law partner or survivor is bound by the lease".
The question being put on the motion, it was adopted.
It was agreed that clause 31, as amended, carry.
It was agreed that clause 32 carry.
It was agreed that clause 33 carry.
It was agreed that clause 34 carry.
It was agreed that clause 35 carry.
It was agreed that clause 36 carry.
It was agreed that clause 37 carry.
It was agreed that clause 38 carry.
It was agreed that clause 39 carry.
It was agreed that clauses 40 through 50 carry.
The Honourable Senator Nancy Ruth moved:
That Bill S-4 be amended by adding after line 12 on page 40 the following:
"50.1 (1) An order made under this Act in a divorce proceeding as defined in subsection 2(1) of the Divorce Act is deemed, for the purposes of section 21 of that Act, to be an order made under that Act.
(2) Any other order made under this Act, except under any of sections 21 to 24, may be appealed to the court exercising appellate jurisdiction over the court that made the order.".
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 51 carry.
It was agreed that clause 52 carry.
It was agreed that clause 53 carry.
It was agreed that clause 54 carry.
It was agreed that clause 55 carry.
It was agreed that clause 56 carry.
The chair asked whether clause 57 shall carry.
The Honourable Senator Nancy Ruth moved:
That Bill S-4, in clause 57, be amended by replacing line 6 on page 43 with the following:
"ings under this Act and prescribing anything that by this Act is to be prescribed."
After debate, the question being put on the motion in amendment, it was adopted, on division.
It was agreed, that clause 57, as amended, carry, on division.
It was agreed that clause 58 carry.
It was agreed that clause 59 carry.
The chair asked whether clause 60 shall carry.
The Honourable Senator Jaffer moved:
That Bill S-4 be amended in clause 60, on page 44, by replacing lines 27 to 30 with the following:
"60. This Act comes into force on the day that is three years after the day on which it receives royal assent.".
The question being put on the motion in amendment, it was defeated.
It was agreed that clause 60 carry.
The Honourable Senator Jaffer moved:
That Bill S-4 be amended, on page 5, by adding after line 17 the following:
"2.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.".
After debate, the question being put on the motion, it was defeated.
It was agreed that clause 1, which contains the short title, carry.
It was agreed that the preamble carry.
It was agreed that the title carry.
It was agreed, that the bill, as amended, carry on division.
It was agreed that the chair report the bill, as amended, to the Senate.
At 4:30 p.m., the committee adjourned to the call of the chair.
ATTEST:
Adam Thompson
Clerk of the Committee