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MINUTES OF PROCEEDINGS

Meeting No. 12

Tuesday, April 27, 2010

The Standing Committee on Aboriginal Affairs and Northern Development met at 3:33 p.m. this day, in Room 371, West Block, the Chair, Bruce Stanton, presiding.

Members of the Committee present: Hon. Larry Bagnell, Rob Clarke, Jean Crowder, Earl Dreeshen, John Duncan, Marc Lemay, Yvon Lévesque, Hon. Anita Neville, LaVar Payne, Greg Rickford, Todd Norman Russell and Bruce Stanton.

In attendance: Library of Parliament: Tonina Simeone, Analyst ; Trina Wall, Analyst . House of Commons: Wayne Cole, Legislative Clerk ; Lucie Tardif-Carpentier, Legislative Clerk.

Witnesses: Department of Indian Affairs and Northern Development: Roy Gray, Director, Resolution and Individual Affairs Sector. Department of Justice: Martin Reiher, Senior Counsel, Operations and Programs Section.

Pursuant to the Order of Reference of Monday, March 29, 2010, the Committee resumed consideration of Bill C-3, An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs).

The witnesses answered questions.

The Committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.

The Chair called Clause 2.

Todd Norman Russell moved, — That Bill C-3, in Clause 2, be amended by adding after line 16 on page 1 the following:

“(a.1) that person was born prior to April 17, 1985 and is a direct descendant of the person referred to in paragraph (a) or of a person referred to in paragraph 11(1)(a), (b), (c), (d), (e) or (f) as they read immediately prior to April 17, 1985;”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Whereupon, Todd Norman Russell appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division: YEAS: Rob Clarke, Earl Dreeshen, John Duncan, LaVar Payne, Greg Rickford — 5; NAYS: Larry Bagnell, Jean Crowder, Marc Lemay, Yvon Lévesque, Anita Neville, Todd Norman Russell — 6.

After debate, at 3:53 p.m., the sitting was suspended.

At 3:58 p.m., the sitting resumed.

After further debate, the question was put on the amendment of Todd Norman Russell and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

After debate, Clause 2, as amended, carried on the following recorded division: YEAS: Larry Bagnell, Jean Crowder, Marc Lemay, Yvon Lévesque, Anita Neville, Todd Norman Russell — 6; NAYS: Rob Clarke, Earl Dreeshen, John Duncan, LaVar Payne, Greg Rickford — 5.

Clause 3 carried.

On new Clause 3.1,

Marc Lemay moved, — That Bill C-3 be amended by adding after line 9 on page 3 the following new clause:

“REPORT TO PARLIAMENT

3.1 (1) The Minister shall cause to be laid before each House of Parliament, not later than two years after this Act comes into force, a report on the implementation of the amendments to the Indian Act, as enacted by this Act.

(2) Such committee of Parliament as may be designated or established for the purposes of this subsection shall, forthwith after the report of the Minister is tabled under subsection (1), review that report and shall, in the course of that review, undertake a review of any provision of the Indian Act enacted by this Act.”

After debate, the question was put on the amendment of Marc Lemay and it was agreed to on the following recorded division: YEAS: Larry Bagnell, Rob Clarke, Jean Crowder, Earl Dreeshen, John Duncan, Marc Lemay, Yvon Lévesque, Anita Neville, LaVar Payne, Greg Rickford, Todd Norman Russell — 11; NAYS: — 0.

Clause 4 carried.

Clause 5 carried.

Clause 6 carried.

Clause 7 carried.

Clause 8 carried.

After debate, Clause 9 was negatived on the following recorded division: YEAS: Rob Clarke, Earl Dreeshen, John Duncan, LaVar Payne, Greg Rickford — 5; NAYS: Larry Bagnell, Jean Crowder, Marc Lemay, Yvon Lévesque, Anita Neville, Todd Norman Russell — 6.

Clause 10 carried.

On Clause 1,

Jean Crowder moved, — That Bill C-3, in Clause 1, be amended by replacing lines 4 and 5 on page 1 with the following:

“1. This Act may be cited as the Act amending certain definitions and registration provisions of the Indian Act.”

After debate, the question was put on the amendment of Jean Crowder and it was agreed to on the following recorded division: YEAS: Larry Bagnell, Jean Crowder, Marc Lemay, Yvon Lévesque, Anita Neville, Todd Norman Russell — 6; NAYS: Rob Clarke, Earl Dreeshen, John Duncan, LaVar Payne, Greg Rickford — 5.

Clause 1, as amended, carried on the following recorded division: YEAS: Larry Bagnell, Jean Crowder, Marc Lemay, Yvon Lévesque, Anita Neville, Todd Norman Russell — 6; NAYS: Rob Clarke, Earl Dreeshen, John Duncan, LaVar Payne, Greg Rickford — 5.

The Title carried.

The Bill, as amended, carried on the following recorded division: YEAS: Larry Bagnell, Jean Crowder, Marc Lemay, Yvon Lévesque, Anita Neville, Todd Norman Russell — 6; NAYS: Rob Clarke, Earl Dreeshen, John Duncan, LaVar Payne, Greg Rickford — 5.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-3, as amended, be reprinted for the use of the House at report stage.

At 4:58 p.m., the Committee adjourned to the call of the Chair.

Graeme Truelove
Clerk of the Committee

2010/04/30 2:25 p.m.