THE STANDING SENATE COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS
EVIDENCE
OTTAWA, Wednesday, November 18, 2020
The Standing Senate Committee on Legal and Constitutional Affairs met this day by videoconference at 4:30 p.m. [ET], pursuant to rule 12-13 of the Rules of the Senate, to organize the activities of the committee.
[English]
Mark Palmer, Clerk of the Committee: Honourable senators, as clerk of your committee, it is my duty to preside over the election of the chair. I am ready to receive a motion to that effect.
Are there any nominations?
Senator Campbell: I would like to nominate Senator Jaffer as chair.
Mr. Palmer: The Honourable Senator Campbell moved:
That the Honourable Senator Jaffer do take the chair of this committee.
Are there any other nominations? Seeing none, is it your pleasure, honourable senators, to adopt the motion?
Hon. Senators: Agreed.
Mr. Palmer: Carried. I invite Senator Jaffer to take the chair.
Senator Mobina S. B. Jaffer (Chair) in the chair.
The Chair: I thank all of you for your confidence. I will need a lot of help. Working virtually makes it extra hard, but I’m sure we are all up to it. I look forward to working with you all. If you have any concerns, call me. There may be, from time to time, some challenges. Please call me.
At this time, I would like to proceed now to the election of the two deputy chairs. We will get the names in together and then I will ask you if you are ready to receive the motion.
Senator Boniface: I nominate Senator Larry Campbell.
The Chair: The Honourable Senator Boniface moved:
That the Honourable Senator Campbell be deputy chair of this committee.
There are two deputy chairs. Are there any other nominations?
[Translation]
Senator Boisvenu: First, I want to congratulate you, Madam Chair.
The Chair: Thank you.
Senator Boisvenu: I’m sure that we’ll do great work together. We’ve already been working together for a few years.
I nominate Senator Batters as second deputy chair of the committee.
The Chair: Thank you, Senator Boisvenu.
[English]
Are there any other nominations? I see none. Does everybody agree with the motion?
Hon. Senators: Agreed.
The Chair: Anyone opposing?
I welcome Senators Batters and Campbell as deputy chairs of this committee.
Senator Batters: Thank you very much.
The Chair: We look forward to working with you both. We will now go on to routine motions to adopt.
[Translation]
Senator Carignan: Sorry, Madam Chair. Is now the time to nominate the fourth member, a representative of the Progressive Senate Group?
The Chair: That’s a good idea, yes.
[English]
Can I have the fourth member nominated as well? Senator Carignan, would you like to nominate?
[Translation]
Senator Carignan: I move that the position be filled by a representative of the Progressive Senate Group. I have [Technical difficulties] or something of that nature.
[English]
Mr. Palmer: I’ll just interrupt here. The next motion, motion 3 on the list, actually deals with the steering committee. We’ll spell that out.
[Translation]
Senator Carignan: Perfect, thank you.
[English]
The Chair: Sorry, Mr. Palmer, I didn’t hear what you said.
Mr. Palmer: Motion 3 on the motions list deals with the steering committee and the membership of it.
The Chair: Yes. We’ll go to the next motion. The next motion is a routine motion on the Subcommitee on Agenda and Procedure, which is also known as the steering committee.
For this session, it is agreed that all four parties and groups would have a representative on the steering committee.
May I ask Senator Carignan to make the proposal now?
[Translation]
Senator Carignan: I move that a representative of the Progressive Senate Group fill the vacant position.
[English]
The Chair: And that person is Senator Dalphond. Senator Dalphond is not here.
[Translation]
Senator Carignan: I think so. However, I was advised to move the motion on behalf of the group, not the senator, so that the position would be tied to the group, not to the individual.
[English]
The Chair: Very well. We’ll do that.
Is it agreed, honourable senators, to adopt this motion? I see no nays, so the motion is carried.
We will now move on to the fourth motion, the motion to publish the committee’s proceedings. Do I have a proposal for this motion?
Senator Boniface: I so move.
The Chair: The Honourable Senator Boniface moved:
That the committee publish its proceedings.
Is it agreed, senators, to adopt the motion?
Hon. Senators: Agreed.
The Chair: Everyone is in agreement. I declare the motion carried.
We will now move on to motion 5, which is on financial reports. As per rule 12-26 (2), each committee must table a report on the expenses incurred during the previous session, the first session of the Forty-second Parliament. A copy of the draft report prepared by the clerk was distributed by email. Do I have a mover for this motion?
Senator Batters: I so move.
The Chair: The Honourable Senator Batters moved:
That the committee adopt the draft first report, prepared in accordance with rule 12-26(2).
Is it agreed, senators, to adopt the motion?
Hon. Senators: Agreed.
The Chair: Thank you. Motion 5, regarding presenting the committee’s proceedings, is carried.
We now move on to motion 6. Do I have a proposer for motion 6, on research staff?
Senator Keating: I so move.
The Chair: The Honourable Senator Keating moved:
That the committee ask the Library of Parliament to assign analysts to the committee;
That the chair be authorized to seek authority from the Senate to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of the committee’s examination and consideration of such bills, subject-matters of bills, and estimates as are referred to it;
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.
Honourable senators, is it agreed to adopt the motion?
Hon. Senators: Agreed.
Mr. Palmer: Now that we have the motion allowing them to be here, I’d ask our analysts, Michaela and Julian, to turn on their cameras so that all the senators can see who they are.
The Chair: It’s a pleasure to have both of you here. Julian has been with the committee for such a long time and is well known to all of us. It’s a pleasure to have you back, Julian.
Michaela, we look forward to working with you, too. Welcome to both of you.
We will now move to motion 7, on the authority to commit funds and certify accounts.
Senator Cotter: I would like to move this motion.
The Chair: The Honourable Senator Cotter moved:
That, pursuant to section 7, Chapter 3:05 of the Senate Administrative Rules, authority to commit funds be conferred individually on the chair, the deputy chairs and the clerk of the committee;
That, pursuant to section 8, Chapter 3:05 of the Senate Administrative Rules, authority for certifying accounts payable by the committee be conferred individually on the chair, the deputy chairs 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.
It is agreed to adopt the motion, honourable senators?
Hon. Senators: Agreed.
The Chair: I see no one disagreeing, so the motion is carried.
We will now go on to the next motion. Do I have a proposer for motion 8?
Senator Boniface: So moved.
The Chair: Honourable senators, is it agreed that we adopt this motion?
Hon. Senators: Agreed.
The Chair: The motion is carried. Thank you.
We will move on to motion 9, on the designation of members travelling on committee business. Do I have a proposer for this motion?
Senator Campbell: So moved.
The Chair: The Honourable Senator Campbell 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.
Is it agreed, honourable senators, to adopt this motion?
Hon. Senators: Agreed.
The Chair: The motion is carried.
We will now move on to motion 10, on travelling and living expenses. Do I have a proposer for motion 10?
Senator Boyer: I so move.
The Chair: The Honourable Senator Boyer moved:
That, pursuant to the Senate guidelines for witness expenses, the committee may reimburse reasonable travelling and living expenses of one witness per organization upon application, but that the chair be authorized to approve expenses of a second witness from the same organization should there be exceptional circumstances.
Is it agreed, senators, to adopt this motion?
Hon. Senators: Agreed.
The Chair: The motion is carried. Thank you, senators.
I will now move on to motion 11. Do I have a proposer for this motion on communications?
Senator Campbell: So moved.
The Chair: The Honourable Senator Campbell 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 and products where appropriate and to request the services of the Senate Communications Directorate for the purposes of the promotion of their work; and
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.
And the motion is carried.
Senators, this brings us to the end of our motions. I would have liked to have had a longer meeting, but apparently there is another committee having an organization meeting immediately after us, so we had limited time.
I just want to share with you that, as we all know, the work plan will be on Bill C-7. The steering committee will meet shortly and then we will provide you with a detailed work plan. In the meantime, I ask that if you have any suggestions for witnesses, please provide them to steering so we can look at witnesses right away.
As you know, we have a very short time and we have three bills. We will have most probably three bills in front of us: Bill C-7, the judges’ bill and the conversion therapy bill.
As we have a lot of work to do, I ask that, as soon as you are able, please provide us with names of witnesses.
I know I speak on behalf of steering when I say to you that all three or four of us look forward to working with all of you. We will have a lot of work to do, but I know we will work in a way that will serve Canadians very well. Thank you very much.
Mr. Palmer: I think we have a question from Senator Boisvenu.
The Chair: I’m sorry, Senator Boisvenu.
[Translation]
Senator Boisvenu: Do we know how many meetings we’ll spend on Bill C-7?
[English]
The Chair: Senator Boisvenu, that’s a great question. Steering has not met as yet. As soon as steering meets and we have a discussion, I will be able to give you a better idea. I’m not able to tell you until steering meets.
Are there any other questions?
Senator Cotter: Senator Jaffer, I can’t find my “raise hand” button. My question is whether you know, at this stage, the scheduling of meetings for this committee.
The Chair: The clerk may correct me, but normally we used to have a set time on Wednesday afternoon, after the Senate rose, and on Thursday morning. At the moment, if I read the motion correctly that was proposed by Senator Plett, there are no times set, from what I understand. Maybe the clerk can explain, but what I understand is that the times will be whenever we are able to meet. We cannot meet when the Senate is sitting because all the resources are used when the Senate is sitting. In the past, we could meet when the Senate was sitting, but that is not available to us.
Have I got that correct?
Mr. Palmer: You’re right, senator. The motion that was passed yesterday included a part that suspended the regular scheduling provisions for committees. It will be on a case‑by‑case basis of the committee. When the steering committee meets, we will ask permission from the whips, and we’ll get our schedule from there.
The Chair: Are there any other questions?
Thank you very much. I look forward to working with you.
(The committee adjourned.)