RIDR - Standing Committee

Human Rights

Past Session: Past Session:
37-2 37th Parliament, 2nd Session (September 30, 2002 - November 12, 2003)
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Proceedings of the Standing Senate Committee on
Human Rights

Issue 5 - Orders of Reference

Extract from the Journals of the Senate, Tuesday, May 27, 2003:

The Honourable Senator Maheu moved, seconded by the Honourable Senator Ferretti Barth:

That the Standing Senate Committee on Human Rights be authorized to hear from time to time witnesses, including both individuals and representatives from organizations, with specific human rights concerns; and

That the Committee report to the Senate from time to time and table its final report no later than March 31, 2004.

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

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

Resuming debate on the motion of the Honourable Senator Maheu, seconded by the Honourable Senator Bacon:

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 interest.

That the Committee report to the Senate no later than June 27, 2003,

And on the motion in amendment of the Honourable Senator Carney, P.C., seconded by the Honourable Senator Keon, that the motion be amended in the first paragraph thereof by replacing the words "Standing Senate Committee on Human Rights" by the words "Standing Senate Committee on Aboriginal Peoples"; and

That the reporting date be no later than March 31, 2004, rather than June 27, 2003.

After debate,

The question being put on the motion in amendment, it was negatived on division.

The question then being put on the main motion, it adopted on division.

Paul C. Bélisle

Clerk of the Senate