Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 30 - Minutes of Proceedings

OTTAWA, Thursday, October 17, 1996
(41)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs, met this day in Room 505, Victoria Building, at 10:02 a.m., the Chair, the Honourable Senator Sharon Carstairs, presiding.

Members of the committee present: The honourable senators Beaudoin, Carstairs, Doyle, Jessiman, Lewis, Milne, Moore, Nolin and Pearson (9).

Other senator present: The honourable senator Cools (1).

In attendance: Mary Hurley, Research Officer, Research Branch of the Library of Parliament.

Also in attendance: The official reporters of the Senate.

WITNESSES:

From Osgoode Hall Law School, York University:

Professor H.W. Arthurs, Law and Political Science.

From St. Thomas University:

Professor Patrick Malcomson, Dept. of Political Science.

Pursuant to the Order of Reference adopted by the Senate on Wednesday, October 2, 1996, the committee continued its consideration of Bill C-42, An Act to amend the Judges Act and to make consequential amendments to another Act. (See Issue 29, Thursday, October 3, 1996, for full text of Order of Reference.)

Professor Arthurs made a statement and answered questions.

Professor Malcomson made a statement and answered questions.

The Chair identified those people who had been invited to appear on Bill C-42, but who had either declined or been unavailable.

At 12:05 p.m., the committee adjourned to the call of the Chair.

ATTEST:

OTTAWA, Thursday, October 17, 1996
(42)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs, met this day in Room 505, Victoria Building, at 1:02 p.m., the Chair, the Honourable Senator Sharon Carstairs, presiding.

Members of the committee present: The honourable senators Beaudoin, Carstairs, Doyle, Jessiman, Lewis, Milne, Moore, Nolin, Pearson and Stanbury (10).

Other senator present: The honourable senator Cools (1).

In attendance: Mary Hurley, Research Officer, Research Branch of the Library of Parliament.

Also in attendance: The official reporters of the Senate.

WITNESS:

From the University of Calgary:

Professor Frederick Morton, Department of Political Science.

From the Department of Justice:

Mr. Howard Sandell, Counsel, Judifical Affairs Unit.

Pursuant to the Order of Reference adopted by the Senate on Wednesday, October 2, 1996, the committee continued its consideration of Bill C-42, An Act to amend the Judges Act and to make consequential amendments to another Act. (See Issue 29, Thursday, October 3, 1996, for full text of Order of Reference.)

Professor Morton made a statement and answered questions.

It was moved by the Honourable Senator Jessiman, on behalf of Senator Cools, -- THAT Professor Morton's brief be printed as an appendix to the proceedings of this day.

After discussion, it was ruled by the Chair that the motion be put in abeyance until later this day.

Mr. Sandell was called to the table as a witness and answered questions.

The question being put on the motion by Senator Jessiman that Professor Morton's brief be printed as an appendix to this day's proceedings, it was defeated, on division.

It was moved by the Honourable Senator Lewis -- THAT Bill C-42 be reported to the Senate without amendments.

After debate, The question being put on the motion, it was agreed, on division.

At 3:00 p.m., the Committee adjourned to the call of the Chair.

ATTEST:

Heather Lank

Clerk of the Committee