Proceedings of the Standing Senate Committee on
Human Rights
Issue 5 - Minutes of Proceedings
OTTAWA, Monday, November 28, 2011
(6)
[English]
The Standing Senate Committee on Human Rights met this day, at 2:02, in room 160-S, Centre Block, the chair, the Honourable Mobina S. B. Jaffer, presiding.
Members of the committee present: The Honourable Senators Ataullahjan, Brazeau, Day, Greene, Hubley, Jaffer, Lovelace Nicholas, Nancy Ruth, Nolin and Wallace. (10).
In attendance: Julian Walker and Marlisa Tiedemann, 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 Tuesday, November 1, 2011, the committee continued its examination of Bill S-2, 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. 4.)
WITNESSES:
As an individual:
Mary-Ellen Turpel-Lafond (by video conference).
Tk'emlùps Indian Band:
Shane Gottfriedson, Chief;
Connie Leonard, Councillor.
University of Saskatchewan:
Mary Eberts, Arial F. Sallows Chair in Human Rights, College of Law.
Frontier Centre for Public Policy:
Joseph Quesnel, Policy Analyst, Aboriginal Frontiers Project.
Native Women's Association of Canada:
Michèle Audette, 2nd Vice-President, and President of Quebec Native Women;
Émilie Grenier, Legal and Policy Analyst;
Teresa Edwards, Director of Human Rights and International Affairs.
As an individual:
Rolanda Manitowabi.
National Aboriginal Circle Against Family Violence:
Anita Olsen Harper.
As an individual:
Danalyn MacKinnon.
Blood Tribe/Kainai:
Charles Weasel Head, Chief;
Dorothy First Rider, Senior Researcher.
Aboriginal Affairs and Northern Development Canada:
Line Paré, Director General, External Relations and Gender Issues Branch;
Andrew Ouchterlony, Legal Counsel, Legal Services Unit.
Ms. Turpel-Lafond, Chief Gottfriedson and Ms. Connie Leonard each made a statement and, together, answered questions.
At 3:21 p.m., the committee suspended.
At 3:26 p.m., the committee resumed.
Ms. Ebert and Mr. Quesnel each made a statement and, together, answered questions.
At 4:34 p.m., the committee suspended.
At 4:36 p.m., the committee resumed.
Mss. Audette and Manitowabi each made a statement and, together, answered questions with Ms. Edwards.
At 5:40 p.m., the committee suspended.
At 6:03 p.m., the committee resumed.
Ms. Olsen Harper, Ms. MacKinnon, Chief Weasel Head and Ms. First Rider each made a statement and, together, answered questions.
At 6:50 p.m., the committee suspended.
At 6:56 p.m., the committee resumed.
At 6:58 p.m., Senator Brazeau assumed the chair.
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-2, 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.
It was agreed that the title stand postponed.
It was agreed that the preamble stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
It was agreed that clause 2 carry.
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.
It was agreed that clause 7 carry.
It was agreed that clause 8 carry.
It was agreed that clause 9 carry.
It was agreed that clause 10 carry.
It was agreed that clause 11 carry.
It was agreed that clause 12 carry.
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 16 carry.
The Honourable Senator Jaffer moved:
That Bill S-2 be amended in clause 17, on page 15, by replacing lines 3 and 4 with the following:
"section 16, and may extend the duration of the order beyond the period of".
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators:
Day, Hubley, Jaffer, Lovelace Nicholas, Nancy Ruth — 5
NAYS
The Honourable Senators:
Brazeau, Ataullahjan, Greene, Nolin — 4
Abstentions — 0
It was agreed that clause 17 carry as amended, on division.
The Honourable Senator Jaffer moved:
That Bill S-2 be amended in clause 18, on page 15, by replacing lines 23 and 24 with the following:
"revoke the order, and may extend the duration of the order beyond".
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators:
Day, Hubley, Jaffer, Lovelace Nicholas, Nancy Ruth — 5
NAYS
The Honourable Senators:
Brazeau, Ataullahjan, Greene, Nolin — 4
Abstentions — 0
It was agreed that clause 18 carry as amended, on division.
It was agreed that clause 19 carry.
It was agreed that clause 20 carry.
It was agreed that clause 21 carry.
It was agreed that clause 22 carry.
It was agreed that clauses 23 to 55 carry.
The Honourable Senator Jaffer moved:
That Bill S-2 be amended in clause 56, on page 43, by replacing lines 35 and 36 with the following:
"(2) Sections 12 to 52 come into force two years after the day on which section 7 comes".
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators:
Day, Hubley, Jaffer, Lovelace Nicholas— 4
NAYS
The Honourable Senators:
Brazeau, Ataullahjan, Greene, Nancy Ruth, Nolin — 5
Abstentions — 0
It was agreed that clause 56 carry, on division.
It was agreed that clause 1 carry.
It was agreed that the preamble carry, on division.
It was agreed that the title carry.
It was agreed that the bill be adopted with amendments, on division.
At 7:55 p.m., it was agreed that, pursuant to rule 92(2)(f), the committee proceed in camera to discuss draft observations.
It was agreed that senators' staff be allowed to remain in the room for the in camera portion of today's meeting.
At 7:56 p.m., Senator Jaffer assumed the chair.
It was agreed that observations be appended to the committee's report on the bill.
It was agreed that the chair report the bill as amended and with observations to the Senate.
At 8:04 p.m., the committee, pursuant to rule 92(2)(e), continued in camera to consider a draft agenda.
It was moved:
That the chair be authorized to seek authority from the Senate for the following order of reference:
That the Standing Senate Committee on Human Rights be authorized to examine and report upon the issue of cyberbullying in Canada with regard to Canada's international human rights obligations under Article 19 of the United Nations Convention on the Rights of the Child;
That, notwithstanding Rule 92, the Standing Senate Committee on Human Rights be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering sensitive evidence; and
That the committee submit its final report to the Senate no later than October 31, 2012, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
At 8:12 p.m., the committee adjourned to the call of the chair.
ATTEST:
Daniel Charbonneau
Clerk of the Committee