Proceedings of the Special
Senate Committee on Bill C-110
Minutes of Proceedings
OTTAWA, Tuesday, January 30, 1996
(10)
[English]
The Special Committee of the Senate on Bill C-110, An Act respecting constitutional amendments, met at 10:36 a.m. this day, the Chair, the Honourable Senator Noël A. Kinsella, presiding.
Members of the Committee present: The Honourable Senators Beaudoin, Carstairs, Carney, P.C., De Bané, P.C., Gauthier, Kinsella, Lynch-Staunton, MacEachen, P.C., Marchand, P.C., Murray, P.C. and St. Germain, P.C. (11)
In attendance: From the Research Branch, Library of Parliament: Mollie Dunsmuir, Law and Government Division; Brian O'Neal and Jack Stilborn of the Political and Social Affairs Division.
Also in attendance: The official reporters of the Senate.
WITNESSES:
From Simon Fraser University:
Andrew Heard, Professor.
Individual:
Gordon Gibson.
From the Department of Justice:
Mary Dawson, Associate Deputy Minister;
Warren Newman, Senior Counsel, Constitutional and International Law Section;
Louis David, Senior Counsel, Constitutional and International Law Section;
Thomas-Louis Fortin, Counsel, Constitutional and International Law Section..
The Committee resumed consideration of Bill C-110, An Act respecting constitutional amendments.
Andrew Heard made a statement and answered questions.
It was agreed, - That the presentation by Andrew Heard be filed with the Clerk of the Committee as Exhibit 5700 - 1.35 / C-110 "19".
Gordon Gibson made a statement and answered questions.
It was agreed, - That the presentation by Gordon Gibson be filed with the Clerk of the Committee as Exhibit 5700 - 1.35 / C-110 "20".
The witnesses from the Department of Justice answered questions.
Written submissions to the Committee were received from Errol P. Mendes, Tony Hall, Bryan Schwartz and Michael D. Behiels.
It was agreed, - That the submission by Errol P. Mendes be filed with the Clerk of the Committee as Exhibit 5700 - 1.35 / C-110 "21".
It was agreed, - That the submission by Tony Hall be filed with the Clerk of the Committee as Exhibit 5700 - 1.35 / C-110 "22".
It was agreed, - That the submission by Bryan Schwartz be filed with the Clerk of the Committee as Exhibit 5700 - 1.35 / C-110 "23".
It was agreed, - That the submission by Michael D. Behiels be filed with the Clerk of the Committee as Exhibit 5700 - 1.35 / C-110 "24".
At 2:25 p.m., the Committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Wednesday, January 31, 1996
(11)
The Special Committee of the Senate on Bill C-110, An Act respecting constitutional amendments, met at 9:36 a.m. this day in camera, the Chair, the Honourable Senator Noël A. Kinsella, presiding.
Members of the Committee present: The Honourable Senators Beaudoin, Berntson, Carstairs, Gauthier, Kinsella, Lynch-Staunton, MacEachen, P.C., Marchand, P.C., Murray, P.C., Nolin, Rivest and St. Germain, P.C. (12)
In attendance: From the Research Branch, Library of Parliament: Mollie Dunsmuir, Law and Government Division; Brian O'Neal and Jack Stilborn of the Political and Social Affairs Division.
The Committee resumed consideration of Bill C-110, An Act respecting constitutional amendments.
It was ordered, - That the Committee proceed in camera.
The Honourable Senator Murray moved that clause 1 of Bill C-110 be amended, on page 1, by replacing line 13 with the following:
"sented to by the legislative assemblies of a majority of the provinces that"
The question being put on the motion, it was adopted on division.
The Honourable Senator Murray moved that clause 1 of Bill C-110 be amended
(a) on page 1, by replacing lines 4 to 11 with the following:
"1. (1) Subject to subsection (3), no Minister of the Crown shall propose a motion for a resolution to authorize an amendment to the Constitution of Canada"; and
(b) on page 2, by adding after line 6 the following:
"(3) Subsection (1) does not apply to a motion for a resolution to authorize an amendment
(a) to Class 24 of section 91 of the Constitution Act, 1867;
(b) to section 25, 35 or 35.1 of the Constitution Act, 1982;
(c) in respect of which the legislative assembly of a province may exercise a veto under section 41 or 43 of the Constitution Act, 1982; or
(d) in respect of which the legislative assembly of a province may express its dissent under subsection 38(3) of the Constitution Act, 1982."
The question being put on the motion, it was adopted.
The Honourable Senator Murray moved that Bill C-110 be amended, on page 2, by adding after clause 1 the following:
"2. This Act is repealed on December 31, 1997."
The question being put on the motion, it was adopted.
The Honourable Senator Murray moved that the Chair be authorized to report the Bill as amended.
The question being put on the motion, it was adopted.
It was agreed, - That the submission by the Association canadienne-française de l'Alberta be filed with the Clerk of the Committee as Exhibit 5700 - 1.35 / C-110 "25".
It was agreed, - That the submission by Richard Allen be filed with the Clerk of the Committee as Exhibit 5700 - 1.35 / C-110 "26".
It was agreed, - That the submission by John W.A. Curtis be filed with the Clerk of the Committee as Exhibit 5700 - 1.35 / C-110 "27".
The Chair expressed his thanks to all senators who participated in the work of the Committee.
The Honourable Senator MacEachen expressed appreciation for the way in which the Chair had conducted the hearings.
At 10:26 p.m., the Committee adjourned.
ATTEST:
Timothy Ross Wilson
Clerk of the Committee