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LCJC - Standing Committee

Legal and Constitutional Affairs

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41-1 41st Parliament, 1st Session (June 2, 2011 - September 13, 2013)
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Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 4 - Minutes of Proceedings - November 2, 2011

OTTAWA, Wednesday, November 2, 2011
(12)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met at 4:18 p.m. this day, in room 257, East Block, the chair, the Honourable John D. Wallace, presiding.

Members of the committee present: The Honourable Senators Angus, Ataullahjan, Chaput, Fraser, Frum, Jaffer, Joyal, P.C., Lang, Meredith, Runciman and Wallace (11).

In attendance: Laura Barnett and Erin Shaw, 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, October 25, 2011, the committee began its study on Bill S-3, 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:

Department of Justice Canada:

John Mark Keyes, Chief Legislative Counsel.

The Honourable Senator Lang moved:

That the following materials be filed as exhibits with the clerk of the committee:

  • Letter from the Minister of Justice and Attorney General of Canada, dated October 14, 2011, to the Chair of the Committee, relating to Bill S-3.
    (Exhibit 1120-04-02-1.41/L1-S-3-7,"1")
  • Response from Catherine Latimer of the John Howard Society of Canada to a question taken on notice at the meeting held on Wednesday October 5, 201, relating to the committee's special study on the Parole Board of Canada's pardon application fees.
    (Exhibit 1120-04-02-1.41/L1- SS-1-7,"3")
  • Response from the Parole Board of Canada to questions taken on notice at the meeting held on September 29, 2011 relating to the committee's special study on the Parole Board of Canada's pardon application fees.
    (Exhibit 1120-04-02-1.41/L1-SS-1-7,"4")

The question being put on the motion, it was adopted.

The chair made an opening statement.

Mr. Keyes made a statement and answered questions.

At 5:05 p.m., the committee suspended.

At 5:03 p.m., the committee resumed

It was agreed that the committee proceed to clause-by-clause consideration of Bill S-3, 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.

It was agreed that the title stand postponed.

It was agreed that clause 1, which contains the short title, stand postponed.

It was agreed, with leave, that the clauses be grouped according to the parts of the bill as described in the Table of Provisions of Bill S-3.

It was agreed, that Part 1, which contains clauses 2-160, carry.

It was agreed, that Part 2, which contains clauses 161-164, carry.

It was agreed, that Part 3, which contains clause 165, carry.

It was agreed that Schedule 1 carry.

It was agreed that Schedule 2 carry.

It was agreed that clause 1, which contains the short title, carry.

It was agreed that the title carry.

It was agreed that the bill carry.

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

The Honourable Senator Joyal, P.C., moved:

That the letter received from the Minister of Justice (Exhibit 1120-04-02-1.41/L1-S-3-7,"1") be printed as an appendix to the committee's minutes of proceedings.

The question being put on the motion, it was adopted.

At 5:07 p.m., the committee suspended.

At 5:09 p.m., the committee resumed.

Pursuant to the order of reference adopted by the Senate on Tuesday, September 27, 2011, the committee continued its study on the Parole Board of Canada's user fees proposal. (For complete text of the order of reference, see proceedings of the committee, Issue No. 2.)

Pursuant to rule 92(2)(f), it was agreed:

That the committee continue in camera for consideration of a draft report;

That senators' staff be permitted to remain in the room during the in camera portions of today's meeting; and

That the committee allow the transcription of the in camera portions of today's meeting, that one copy be kept in the office of the clerk of the committee for consultation by committee members present or by the committee analysts, and that the transcript be destroyed by the clerk when authorized to do so by the Subcommittee on Agenda and Procedure, but no later than at the end of this parliamentary session.

After debate, it was agreed:

That the draft observations, as amended herein, be adopted and appended to the committee's report on the Parole Board of Canada's user fee proposal;

That the Subcommittee on Agenda and Procedure be empowered to approve the final version of the observations being appended to the report taking into consideration today's discussion and with any necessary editorial, grammatical or translation changes as required; and

That the chair present the report, with observations appended, to the Senate.

At 5:36 p.m., the committee adjourned to the call of the chair.

ATTEST:

Shaila Anwar

Clerk of the Committee

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