53 Elizabeth II, A.D. 2004, Canada

Journals of the Senate

3rd Session, 37th Parliament

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Issue 21 - Appendix

Monday, March 22, 2004
8:00 p.m.

The Honourable Daniel Hays, Speaker

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Monday, March 22, 2004

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

THIRD REPORT

Your Committee, which was authorized by the Senate on Thursday, February 19, 2004, 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, respectfully requests for the purpose of this study that it be empowered to engage the services of such counsel, technical, clerical and other personnel as may be necessary.

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

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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 MARCH 31, 2004

ORDER OF REFERENCE

Extract from the Journals of the Senate, Thursday, February 19, 2004:

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 papers and evidence received and taken on the subject and the work accomplished by the Senate Standing Committee on Human Rights during the Second Session of the Thirty Seven Parliament be referred to the Committee;

That the Committee submit its final report no later than June 25, 2004 and that the Committee retain all powers necessary to publicize the findings of the Committee contained in the final report until July 30, 2004.

Paul C. Bélisle

Clerk of the Senate

SUMMARY OF EXPENDITURES

Professional & other services	$ 2,500
Transportation & communication	950
All other expenditures	—
TOTAL	$ 3,450

The Standing Senate Committee on Human Rights approved the above budget on February 23, 2004.

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

Date

Chair, Standing Senate Committee on Human Rights

Date

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

 

EXPLANATION OF COST ELEMENTS

FOR INFORMATION ONLY — BUDGETS FOR PREVIOUS FISCAL YEARS

Previous studies

 

PROFESSIONAL & OTHER SERVICES
1. Meals (0415)	$ 2,500
10 working dinners, $250 per dinner
TRANSPORTATION AND COMMUNICATION
Seminar for Chairpersons and members of Parliamentary
Human Rights Bodies
Inter-parliamentary Union
Geneva, 15-17 March 2004
(Plane ticket upgrade)	$ 950
TOTAL	$ 3,450

The Senate Administration has reviewed this budget application.

Heather Lank, Principal Clerk of Committees and Private Legislation              Date

Hélène Lavoie, Director of Finance                                                                 Date

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APPENDIX (B) TO THE REPORT

THURSDAY, March 11, 2004

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 Thursday, February 19, 2004. The approved budget is as follows:

Professional and Other Services	$ 2,500
Transportation and Communications	$ 950
Other Expenditures	$ 0
TOTAL	$ 3,450

Respectfully submitted,

LISE BACON

Chair

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