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Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 17 - Minutes of Proceedings


OTTAWA, Wednesday, December 1, 2010
(40)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 4:35 p.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, Chaput, Fraser, Joyal, P.C., Lang, Runciman, Wallace and Watt (11).

In attendance: Jennifer Bird and Elise Hurtubise-Loranger, Analysts, Parliamentary Information and Research Service, 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 18, 2010, the committee began its consideration of Bill S-12, A third Act to harmonize federal law with the civil law of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.

APPEARING:

The Honourable Robert Nicholson, P.C., M.P., Minister of Justice and Attorney General of Canada.

WITNESSES:

Department of Justice Canada:

John Mark Keyes, Chief Legislative Counsel;

Marc Cuerrier, Senior General Counsel, Legislative Revision Services Group;

Luc Gagné, General Counsel and Manager, Legislative Bijuralism Team (Revision Initiatives).

The chair made an opening statement.

The Honourable Robert Nicholson, P.C., M.P., made a statement and, together with Mr. Keyes, answered questions.

Mr. Gagné and Mr. Cuerrier were invited to the table and, from time to time, also answered questions.

At 5:54 p.m., the committee adjourned to the call of the chair.

ATTEST:


OTTAWA, Thursday, December 2, 2010
(41)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met in camera 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, Chaput, Fraser, Joyal, P.C., Lang, Runciman, Wallace and Watt (11).

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

In attendance: Jennifer Bird and Julia Nichol, Analysts, Parliamentary Information and Research Service, Library of Parliament.

Pursuant to the order of reference adopted by the Senate on Tuesday, June 22, 2010, the committee continued its consideration of Bill C-464, An Act to amend the Criminal Code (justification for detention in custody). (For complete text of the order of reference, see proceedings of the committee, Issue No. 16.)

Pursuant to rule 92(2)(e), the committee considered a draft agenda.

It was agreed that senators' staff be permitted to remain in the room during the in camera portion of today's meeting.

The chair ruled on a point of order that was raised at the in camera meeting held on November 25, 2010 on the procedural admissibility of proposed amendments to Bill C-464. The chair ruled the proposed amendments to be acceptable as a matter of consideration for the committee.

It was agreed that a summary of the chair's ruling be appended to the minutes of today's meeting (appendix number: 1120-04-02-3.40/L1-S-10, 18, "1'').

At 11:00 a.m., the committee suspended.

At 11:20 a.m., the committee resumed in public.

It was agreed that the committee proceed to clause-by-clause consideration of Bill C-464, An Act to amend the Criminal Code (justification for detention in custody).

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 carry.

It was agreed that the chair report the bill to the Senate.

At 11:25 a.m., the committee suspended.

At 12:07 p.m., the committee resumed.

Pursuant to the order of reference adopted by the Senate on Thursday, November 18, 2010, the committee continued its consideration of Bill S-12, A third Act to harmonize federal law with the civil law of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.

WITNESS:

As an individual:

Professor Sébastien Grammond, Dean and Associate Professor, Faculty of Civil Law, University of Ottawa.

The chair made an opening statement.

Mr. Grammond made a statement and answered questions.

At 1:13 p.m., the committee adjourned to the call of the chair.

ATTEST:

Shaila Anwar

Clerk of the Committee


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