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Journals of the Senate

52 Elizabeth II, A.D. 2003, Canada

Journals of the Senate

2nd Session, 37th Parliament


Issue 82 - Appendix

Tuesday, October 7, 2003
2:00 p.m.

The Honourable Lucie Pépin, Speaker pro tempore


Tuesday, October 7, 2003

The Standing Senate Committee on Human Rights has the honour to present its

SIXTH REPORT

Your Committee, was authorized by the Senate on Wednesday, June 4, 2003, to examine and report upon key legal issues affecting the subject of on-reserve matrimonial real property on the breakdown of a marriage or common law relationship and the policy context in which they are situated. In particular, the Committee was authorized to examine:

- The interplay between provincial and federal laws in addressing the division of matrimonial property (both personal and real) on-reserve and, in particular, enforcement of court decisions;

- The practice of land allotment on-reserve, in particular with respect to custom land allotment;

- In a case of marriage or common-law relationships, the status of spouses and how real property is divided on the breakdown of the relationship; and,

- Possible solutions that would balance individual and community interests.

Pursuant to section 2:07 of the Procedural Guidelines for the Financial Operation of Senate Committees, the budget submitted to the Standing Committee on Internal Economy, Budgets and Administration and the report thereon of that Committee are appended to this report.

Respectfully submitted,

SHIRLEY MAHEU

Chair


STANDING SENATE COMMITTEE ON HUMAN RIGHTS

Special study on the division of on-reserve matrimonial real property
application for budget authorisation

FOR THE PERIOD ENDING DECEMBER 31, 2003

ORDER OF REFERENCE

Extract from the Journals of the Senate, Wednesday, June 4, 2003:

That the Standing Senate Committee on Human Rights be authorized to examine and report upon key legal issues affecting the subject of on-reserve matrimonial real property on the breakdown of a marriage or common law relationship and the policy context in which they are situated.

In particular, the Committee shall be authorized to examine:

- The interplay between provincial and federal laws in addressing the division of matrimonial property (both personal and real) on-reserve and, in particular, enforcement of court decisions;

- The practice of land allotment on-reserve, in particular with respect to custom land allotment;

- In a case of marriage or common-law relationships, the status of spouses and how real property is divided on the breakdown of the relationship; and,

- Possible solutions that would balance individual and community interests.

That the Committee report to the Senate no later that June 27, 2003.*

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

* (Extended to December 31, 2003 by the Senate on June 12, 2003)

SUMMARY OF EXPENDITURES

Professional & other services   

 $ 5,000

Transportation & communication   

 —

All other expenditures   

 $ 500

TOTAL:   

 $ 5,500

The Standing Senate Committee on Human Rights approved the above budget on September 15, 2003.

The undersigned or an alternate will be in attendance on the date that this budget is being considered:

Chair, Standing Senate Committee on Human Rights                                                         Date

Chair, Standing Senate Committee on Internal Economy, Budgets and Administration        Date


EXPLANATION OF COST ELEMENTS

FOR INFORMATION ONLY — BUDGETS FOR PREVIOUS FISCAL YEARS

 Previous studies   

 

   

 

   

Proposed   Budget   

 Approved   

Expenses  incurred

2002-2003 (1st session)   

 $ 266,300   

 $ 80,000   

 $ 41,412

2002-2003 (2nd session)   

 $ 17,500   

 $ 17,500   

 $ 1,455

April 2003 to June 2003   

 $ 52,605   

 $ 25,015   

 approx. $ 4,000

2003-2004 (other study)   

 $ 85,030   

 ?

 

PROFESSIONAL & OTHER SERVICES

1. Meals (0415)   

 $ 5,000

10 working dinners, $500 per dinner

Sub-total   

   

 $ 5,000

ALL OTHER EXPENDITURES

1. Courier services (0798)   

 $ 500

Sub-total   

   

 $ 500

TOTAL   

   

 $ 5,500

The Senate Administration has reviewed this budget application.

Heather Lank, Principal Clerk of Committees and Private Legislation       Date

Hélène Lavoie, Director of Finance                                                         Date


APPENDIX (B) TO THE REPORT

THURSDAY, September 25, 2003

The Standing Committee on Internal Economy, Budgets and Administration has examined the budget presented to it by the Standing Senate Committee on Human Rights for the proposed expenditures of the said Committee for the fiscal year ending March 31, 2004 for the purpose of its Special Study on the division of on-reserve matrimonial real property, as authorized by the Senate on Wednesday, June 4, 2003. The said budget is as follows:

Professional and Other Services   

 $ 5,000

Transportation and Communications   

 $

Other Expenditures   

 $ 500

Total   

 $ 5,500

Respectfully submitted,

LISE BACON

Chair


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