Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 2 - Evidence for June 15, 2006
OTTAWA, Thursday, June 15, 2006
The Standing Senate Committee on Legal and Constitutional Affairs, to which was referred Bill S-202, to repeal legislation that has not come into force within ten years of receiving Royal Assent, met this day at 10:45 a.m. to give clause-by-clause consideration to the bill.
Senator Donald H. Oliver (Chairman) in the chair.
[English]
The Chairman: On our agenda today, honourable senators, we have consideration of Bill S-202. We have heard in the last few sessions from witnesses including Senator Banks, the proposer of this bill. Today we are here to conduct clause-by-clause consideration of each clause separately.
Is it agreed, honourable senators, that the committee proceed to clause-by-clause consideration of Bill S-202, to repeal legislation that has not come into force within ten years of receiving Royal Assent?
Hon. Senators: Agreed.
The Chairman: Shall the title stand postponed?
Hon. Senators: Agreed.
The Chairman: Shall clause 1 containing the short title stand postponed?
Hon. Senators: Agreed.
The Chairman: Shall clause 2 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 3 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 4 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 5 carry?
Senator Jaffer: I would like to make an amendment to clause 5. I think everyone has the document before them.
The Chairman: Is there any senator who does not have the proposed amendment to clause 5? I think everyone has a copy before them Senator Jaffer.
Senator Ringuette: I second the amendment.
Senator Jaffer: With respect to clause 5 on page 2, I would like to amend the wording in the fifth line, if I may. It says, ``that is necessary for it.'' I would like the word ``it'' removed and replaced with ``the amended provision.''
It would then read, ``...or to any provision that is necessary for the amended provision to have effect.''
The Chairman: It is moved by Senator Jaffer that Bill S-202 be amended in clause 5 on page 2 by replacing line five in the English version with the following revision: ``... that is necessary for the amended provision to have effect.''
Is it your pleasure, honourable senators, to adopt the motion?
Hon. Senators: Agreed.
Senator Baker: Does that wording in general make sense to the chairman?
The Chairman: This is what we discussed during the last meeting. You may recall that we provided this wording to the officials who attended from the Department of Justice. It was their agreement that the wording, with this amendment, is clear and takes away some ambiguity from the original language.
Senator Baker: I just wanted to verify that the exact wording meets with your approval, as you are a former professor of this subject at law school.
[Translation]
Senator Robichaud: Mr. Chairman, there are no changes to the French version of clause 5. Is that correct?
The Chairman: Yes, that is correct.
[English]
The Chairman: Is it your pleasure, honourable senators, to adopt the motion?
Hon. Senators: Agreed.
The Chairman: Shall clause 5 carry as amended?
Hon. Senators: Agreed.
The Chairman: Shall clause 6 carry?
Hon. Senators: Agreed.
The Chairman: Shall clause 1, which contains the short title, carry?
Hon. Senators: Agreed.
The Chairman: Shall the title carry?
Hon. Senators: Agreed.
The Chairman: Is it agreed that the bill be adopted with amendment, honourable senators?
Hon. Senators: Agreed.
The Chairman: Is it agreed that I report the bill to the Senate with amendment?
Hon. Senators: Agreed.
The Chairman: Congratulations, Senator Banks.
Senator Banks: May I express through you my thanks to the committee for having dealt with this with such alacrity. I am very grateful. Thank you very much.
The Chairman: Honourable senators, there is no other business to come before this meeting of the Standing Senate Committee on Legal and Constitutional Affairs.
He is away this week, but I believe Senator Joyal will be speaking on Tuesday to the next bill referred our committee. If it is referred next Tuesday, perhaps our Wednesday meeting can deal with that particular bill. It is Government Bill S-3 introduced by Senator Jaffer.
There will be witnesses we will want to hear from, and Senator Joyal will be offering names at that time.
Senator Robichaud: Will the steering committee meet and set it up?
The Chairman: The steering committee has met already, and we have had good discussions on what witnesses to call following the address by Senator Joyal.
Senator Ringuette: Who comprises the steering committee?
The Chairman: Senator Ringuette, the committee will include Senator Milne, Senator Joyal and me. We have had a meeting and we will be having many others.
If there is no further business before the committee, the meeting is adjourned.
The committee adjourned.