Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 1 - Minutes of Proceedings
OTTAWA, Wednesday, March 10, 2010
(1)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met at 4:19 p.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 Angus, Baker, P.C., Boisvenu, Carignan, Carstairs, P.C., Fraser, Joyal, P.C., Lang, Rivest, Runciman, Wallace and Watt (12).
In attendance: Jennifer Bird and Cynthia Kirkby, analysts, Parliamentary Information and Research Service, Library of Parliament; Mona Ishack, Communications Officer, Senate Communications Directorate.
Also in attendance: The official reporters of the Senate.
The clerk of the committee presided over the election of the chair.
The Honourable Senator Wallace 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 chair made an opening statement.
The Honourable Senator Carstairs, P.C., moved:
That the Honourable Senator Wallace be deputy chair of this committee.
The question being put on the motion, it was adopted.
The Honourable Senator Lang 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 Carstairs, P.C., moved:
That the committee publish its proceedings; and
That the chair be authorized to set the number of printed copies to meet demand.
The question being put on the motion, it was adopted.
The Honourable Senator Carstairs, P.C., moved:
That, pursuant to rule 89, the chair be authorized to hold meetings, to receive and authorize the publication 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 Carignan moved:
That the committee ask the Library of Parliament to assign analysts to the committee;
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 Wallace 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 Lang 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 Carstairs, P.C., 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 an 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 Joyal, P.C., 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 Baker, P.C., moved:
That the Subcommittee on Agenda and Procedure be empowered to direct communications officer(s) assigned to the committee in the development of communications plans where appropriate and to request the services of the Senate Communications Directorate for the purposes of their development and implementation;
That the Subcommittee on Agenda and Procedure be empowered to allow coverage by electronic media of the committee's public proceedings with the least possible disruption of its proceedings, at its discretion.
The question being put on the motion, it was adopted.
It was agreed that the chair and the deputy chair seek the permission of the Whips for the committee to extend its sitting time on Thursday's to 1:15 p.m.
The Honourable Senator Fraser moved:
That the committee proceed in camera, pursuant to rule 92 (2)(e), for the consideration of a draft agenda (future business); and
That senators' staff be permitted to remain in the room during the in camera portion of today's meeting.
The question being put on the motion, it was adopted.
At 4:35 p.m., the committee continued in camera.
It was moved:
That the chair be authorized to seek authority of the Senate for 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 the DNA Identification Act (S.C. 1998, c. 37); and
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the Second Session of the Fortieth Parliament be referred to the committee; and
That the committee report to the Senate no later than October 28, 2010 and that the committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
The question being put on the motion, it was adopted.
At 4:45 p.m., the committee adjourn to the call of the chair.
ATTEST:
OTTAWA, Wednesday, March 17, 2010
(2)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met at 4:39 p.m. this day, in room 257, East Block, the chair, the Honourable Joan Fraser, presiding.
Members of the committee present: The Honourable Senators Angus, Baker, P.C., Boisvenu, Carignan, Fraser, Joyal, P.C., Lang, Rivest, Runciman, Wallace and Watt (11).
In attendance: Jennifer Bird and Cynthia Kirkby, analysts, Parliamentary Information and Research Service, Library of Parliament; Mona Ishack, Communications Officer, Senate Communications Directorate.
Also in attendance: The official reporters of the Senate.
WITNESSES:
Royal Canadian Mounted Police:
Ronald M. Fourney, Director, National Services and Research;
Peter Henschel, Assistant Commissioner, Director General, Forensic Science and Identification Services.
The chair called the meeting to order.
The Honourable Senator Angus moved:
That the following special study budget application (provisions and operation of the DNA Identification Act (S.C. 1998, c. 37)) for the fiscal year ending March 31, 2010, be approved for submission by the chair or her designate to the Standing Committee on Internal Economy, Budgets and Administration:
Summary of Expenditures
Professional and Other Services $ 0 Transportation and Communications 2,075 All Other Services 0 Total $ 2,075
The question being put on the motion, it was adopted.
The Honourable Senator Baker, P.C., moved:
That the following legislative budget application for the fiscal year ending March 31, 2011, be approved for submission by the chair or her designate to the Standing Committee on Internal Economy, Budgets and Administration:
Summary of Expenditures
Professional and Other Services $ 19,750 Transportation and Communications 0 All Other Services 4,000 Total $ 23,750
The question being put on the motion, it was adopted.
The Honourable Senator Lang moved:
That the following special study budget application (provisions and operation of the DNA Identification Act (S.C. 1998, c. 37)) for the fiscal year ending March 31, 2011, be approved for submission by the chair or her designate to the Standing Committee on Internal Economy, Budgets and Administration:
Summary of Expenditures
Professional and Other Services $ 9,000 Transportation and Communications 8,760 All Other Services 3,500 Total $ 21,260
The question being put on the motion, it was adopted.
The Honourable Senator Boisvenu moved:
That the committee adopt the draft first report prepared in accordance with rule 104, and that the chair table the report in the Senate.
The question being put on the motion, it was adopted.
Pursuant to the order of reference adopted by the Senate on Tuesday, March 16, 2010, the committee started consideration of its study of the provisions and operation of the DNA Identification Act (S.C. 1998, c. 37).
Mr. Fourney and Mr. Henschel each made a statement and answered questions.
At 5:08 p.m., the Honourable Senator Wallace took the chair.
At 6:53 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Thursday, March 18, 2010
(3)
[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., Boisvenu, Carignan, Fraser, Joyal, P.C., Lang, Rivest, Runciman, Wallace and Watt (11).
In attendance: Jennifer Bird and Cynthia Kirkby, analysts, Parliamentary Information and Research Service, Library of Parliament; Mona Ishack, Communications Officer, Senate Communications Directorate.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Tuesday, March 16, 2010, the committee continued consideration of its study of the provisions and operation of the DNA Identification Act (S.C. 1998, c. 37).
WITNESSES:
Ministry of Community Safety and Correctional Services:
Anthony Tessarolo, Director, Centre of Forensic Sciences, Government of Ontario;
Jonathan Newman, Deputy Director, Centre of Forensic Sciences, Government of Ontario.
Laboratoire de sciences judiciaries et de médecine légale:
Bob Dufour, Director General;
Frédérick Laberge, Director, Biology and Administration.
The chair made an opening statement.
Mr. Dufour and Mr. Tessarolo each made a statement and, together with Mr. Newman and Mr. Laberge, answered questions.
At 12:43 p.m., the committee adjourned to the call of the chair.
ATTEST:
Shaila Anwar
Clerk of the Committee