Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 1 - Evidence for March 10, 2010
OTTAWA, Wednesday, March 10, 2010
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:19 p.m., pursuant to rule 88 of the Rules of the Senate, to organize the activities of the committee.
[English]
Shaila Anwar, Clerk of the Committee: Honourable senators, as clerk of your committee, it is my duty to preside over the election of the chair. I am ready to receive a motion to that effect.
Senator Wallace: For the position of chair, I move that Senator Fraser's name be made available.
Ms. Anwar: Are there any other nominations?
Senator Joyal: I move that nominations be closed.
Ms. Anwar: It is moved by the Honourable Senator Wallace:
That the Honourable Senator Fraser do take the chair of this committee.
Is it your pleasure, honourable senators, to adopt the motion?
Hon. Senators: Agreed.
[Translation]
Ms. Anwar: I declare the motion carried and invite Senator Fraser to take the chair.
Senator Joan Fraser (Chair) in the chair.
The Chair: Thank you so much, honourable senators. I have always been of the opinion that one of the greatest privileges in the Senate is to serve as chair of this committee, which is one of the most important ones and, in the opinion of many of us, the best committee in the Senate.
[English]
I trust and believe that we will continue the finest traditions of this committee in the coming session of Parliament, as we have done in the past.
Just before I call for nominations for the deputy chair, since there are a number of new members of the committee, I thought it might be useful if we quickly went around the table and said this is who I am and this is where I am from.
[Translation]
My name is Joan Fraser and I am from Quebec.
[English]
Senator Wallace: I am John Wallace. I am here for New Brunswick. I am a past member of this committee. I thoroughly enjoyed my first year and I am extremely pleased to be back.
Senator Angus: I am Senator David Angus from Montreal.
[Translation]
I am from la belle province de Québec and am a former member of this committee.
[English]
Senator Lang: I am Dan Lang, senator for Yukon.
[Translation]
Senator Carignan: My name is Claude Carignan, Quebec senator.
Senator Boisvenu: I am Pierre-Hugues Boisvenu and I represent the Estrie region, the most beautiful region of Quebec, in the Senate.
[English]
Senator Runciman: I am Bob Runciman from Ontario.
[Translation]
Senator Rivest: I am Jean-Claude Rivest from Quebec.
[English]
Senator Baker: I am George Baker from Newfoundland and Labrador.
[Translation]
Senator Joyal: I am Serge Joyal from the Senate district of Kennebec. I have been a member of this committee for 12 years.
[English]
Senator Carstairs: I am Sharon Carstairs. I am from the province of Manitoba, via the provinces of Alberta and Nova Scotia. It is good to be back on this committee, which I formerly chaired.
The Chair: That was before Senator Carstairs was Leader of the Government in the Senate. She has done quite a lot.
Senator Watt: I am Charlie Watt, from Nunavik, Quebec.
The Chair: As you all already know, this is Shaila Anwar, who is our new clerk, and very welcome. They always send us good clerks, and they have done it again.
Honourable senators, we have, lucky for us; I do not know how lucky for her — Jennifer Bird from the Library of Parliament. Ms. Bird, do you want to come to the table?
Now it is my happy duty to call for nominations for the deputy chair of this committee.
Senator Carstairs: It is a great honour to move the honourable, distinguished senator from New Brunswick, the Honourable Senator Wallace, to be the deputy chair of this committee.
The Chair: Are there any other nominations?
[Translation]
Senator Carignan: I move that nominations be closed.
[English]
The Chair: It is moved that nominations be closed. It is moved by the Honourable Senator Carstairs:
That the Honourable Senator Wallace be deputy chair of this committee.
Is it your pleasure, honourable senators, to adopt the motion?
Hon. Senators: Agreed.
The Chair: How delightful. Congratulations, Senator Wallace.
The next item concerns the Subcommittee on Agenda and Procedure. Colleagues, I believe you all have a master sheet of the motions that need to be adopted at an organizational meeting. We are now coming up to Item 3, which concerns the Subcommittee on Agenda and Procedure. May I have a motion to that effect?
Senator Lang: So moved.
The Chair: Moved by Senator Lang. I have a little bit of an explanation to offer, which I can do either before or after the vote. All in favour?
Hon. Senators: Agreed.
The Chair: Opposed? Abstentions? Carried.
The explanation is that it is customary not to name the third member of the steering committee in the organizational meeting's motion because quorum for the steering committee consists of all three members. If by any chance the third member for any reason cannot be present, is on parliamentary business, ill, or caught in a blizzard, then it is helpful for the majority party to be able to name a substitute third member. Senator Wallace, as you lead the majority party delegation, perhaps you could explain your plans for the third member of the steering committee.
Senator Wallace: Yes, I am pleased to designate an individual to be the third member of our committee. That individual, if he would choose to accept, would be Senator Carignan.
As Senator Fraser has pointed out, in order to maintain quorum at future meetings of the steering committee, if Senator Carignan were unable to attend, then I would designate someone else for the purpose of that meeting. I am certainly pleased to have Senator Carignan on the committee.
[Translation]
The Chair: I must say that during the last session of Parliament, I greatly appreciated Senator Carignan's contribution. He works very hard and is well versed in the law. I am certain that it will be a pleasure for us to work together.
We move to motion number 4.
[English]
Senator Carstairs: So moved.
[Translation]
The Chair: So moved by Senator Carstairs.
[English]
All in favour?
Hon. Senators: Agreed.
The Chair: Opposed? Abstentions? Carried.
Item 5 concerns authorization to hold meetings and to receive evidence when quorum is not present. Can I have a motion?
Senator Carstairs: So moved.
The Chair: So moved by Senator Carstairs. Discussion? All in favour?
Hon. Senators: Agreed.
The Chair: Opposed? Abstentions? Carried.
I should note that this motion does not authorize us to hold votes when a quorum is not present. It is simply for the purpose of holding meetings and receiving evidence.
Item 6 is a motion to authorize us to have Library of Parliament researchers and to engage counsel, technical, clerical and other personnel. However, just before we rose at 4 p.m., the Deputy Leader of the Opposition proposed and the Senate adopted a blanket motion to that effect. Let me check with the clerk. We need the first paragraph and the third and the fourth, but not the second. With that understanding, could I have a motion to move the first, third and fourth paragraphs of Item 6?
[Translation]
It has been moved by Senator Carignan.
[English]
All in favour?
Hon. Senators: Agreed.
The Chair: Opposed? Abstentions? Carried.
Item 7 concerns the authority to commit funds and to certify accounts. May I have a motion?
Senator Wallace: So moved.
The Chair: It is so moved by Senator Wallace. All in favour?
Hon. Senators: Agreed.
The Chair: Opposed? Carried.
[Translation]
Number 8, travel.
[English]
Senator Lang: So moved.
The Chair: All in favour?
Hon. Senators: Agreed.
The Chair: Opposed? Abstentions? Carried.
[Translation]
Number 9, designation of members travelling on committee business. Does someone want to move the motion?
[English]
Senator Carstairs: So moved.
[Translation]
Senator Carstairs has so moved. Is everyone in favour of the motion? Opposed? Any abstentions? Carried.
[English]
Item 10 concerns travelling and living expenses of witnesses. All in favour?
Hon. Senators: Agreed.
The Chair: Opposed? Abstentions? Carried.
Senator Carstairs: I do not believe anyone moved Item 10.
The Chair: I believe somebody did. I know we try to do this expeditiously. It was Senator Joyal; was it not?
Senator Joyal: Yes.
The Chair: We also had a blanket motion concerning Item 11. The motion was moved and adopted in the Senate this afternoon. The effect of that motion is that we should delete the second paragraph beginning "that the chair be authorized . . ." as it says in Item 11.
I wonder if I could have someone move the motion as written without the second paragraph. Senator Baker, so moved. All in favour?
Hon. Senators: Agreed.
The Chair: Opposed? Abstentions? Carried.
Senator Angus: Are you thinking about the coverage by electronic means?
The Chair: It is just because this afternoon Senator Comeau moved and received acceptance of a blanket motion for all committees.
Senator Angus: Without having to adhere.
The Chair: It is so that individual committees do not have to do it anymore.
Senator Angus: Yes, I could not quite understand all the items.
The Chair: Now we are onto the time slot for regular meetings. The meetings are on Wednesday, from 4:15 p.m. to 6:15 p.m., and Thursday, from 10:30 a.m. to 12:30 p.m.
Colleagues who were here during the last session will recall that this hard-working committee frequently ran a little bit over our designated time. On Wednesdays, we have very little leeway because other committees meet at 6:45 p.m. I doubt we would get much grief from anyone if we ran 15 minutes over on occasion.
[Translation]
No committee meetings take place on Thursday at 12:30 p.m. Normally, the Senate sits at 1:30 p.m. During the last session of Parliament, it was very useful for us to be able to extend our meetings until 1:30 p.m. if there were very interesting witnesses whom we wanted to question longer than scheduled. Technically, we need the approval of both whips in order to extend the meeting by a few minutes. I suggest, if you are agreed, that we ask our respective whips — if Senator Wallace has no objection — to give their approval for Thursday meetings to continue until 1:15 p.m., when the bells ring to summon senators to the Senate sitting. We will not necessarily sit longer, but this will provide us with the freedom to do so if the work calls for it. Are you in favour of this approach, Senator Wallace?
[English]
Senator Wallace: Yes, I agree.
The Chair: Perhaps the two of us can sign a letter jointly to our whips to that effect, Senator Wallace.
Under other business, I propose to go in camera for a very brief meeting to discuss future business, unless anyone would like to raise any other business before we do so.
I move that we will now proceed in camera pursuant to rule 92(2)(e) for the consideration of a draft agenda, that is to say, future business.
It has been our practice on this committee that senators' staff be permitted to remain in the room during the in camera portions of this meeting. Is it agreed?
Hon. Senators: Agreed.
(The committee continued in camera.)