AANR Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 67
Thursday, May 1st, 2003
The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met in a televised session at 8:01 a.m. this day, in Room 237-C, Centre Block, the Chair, Raymond Bonin, presiding.
Members of the Committee present: Gérard Binet, Raymond Bonin, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Yvan Loubier, Pat Martin, Julian Reed, Maurice Vellacott.
Acting Members present: Derek Lee for Anita Neville, Paul Macklin for Julian Reed, Judi Longfield for Benoît Serré; Dominic LeBlanc for John Godfrey, Dominic LeBlanc for Anita Neville, Derek Lee for Stan Dromisky, Joe Comartin for Pat Martin, Paul Macklin for Benoît Serré.
In attendance: From the Committees Branch: Jeffrey LeBlanc and Michael Lukyniuk, Legislative Clerks; Bibiane Ouellette, Committee Clerk.
In attendance: From the Library of Parliament: Mary Hurley and Katharine Dunkley, Analysts.
Witnesses: From the Department of Indian Affairs and Northern Development: Warren Johnson, Assistant Deputy Minister, Lands and Trust Services; Andrew Beynon, General Counsel; Paul Salembier, Senior Counsel.
Pursuant to its Order of Reference of Monday, October 7, 2002, the Committee resumed consideration of Bill C-7, An Act respecting leadership selection, administration and accountability of Indian bands, and to make related amendments to other Acts (See Minutes of Proceedings, Monday, January 27, 2003, Meeting No. 14).
The Committee resumed Clause-by-Clause consideration of the Bill.
At 8:01 a.m., the sitting was suspended.
At 8:35 a.m., the sitting resumed.
On Clause 16,
Maurice Vellacott moved, --
That Bill C-7, in Clause 16, be amended by replacing lines 26 to 29 on page 11 with the following:
“under paragraphs (a) to (n);
(p) any matter arising out of or ancillary to the exercise of powers under this subsection; and
(q) the breakdown of marriage on reserve, including common law relationships, and the division of marital property, that shall be consistent with the principles of the respective provincial laws.”
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS: Maurice Vellacott,
Yvan Loubier (2)
NAYS : Gérard Binet, Stan Dromisky, Dominic LeBlanc, Charles Hubbard, Paul Macklin, Judi Longfield, Pat Martin (7)
Pat Martin moved, --
That Bill C-7, in Clause 16, be amended by adding after line 29 on page 11 the following:
“(1.1) The power of a band council to make laws under subsection (1) does not
(a) abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada or the protection accorded to such rights under section 35 of the Constitution Act, 1982; and
(b) does not limit any authority which may be vested in the band council by virtue of the inherent right of self-government of an aboriginal people.”
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS: Yvan Loubier, Pat Martin (2)
NAYS: Gérard Binet, Dominic LeBlanc, Charles Hubbard, Nancy Karetak-Lindell, Derek Lee, Julian Reed, Judi Longfield (7)
Pat Martin moved, --
That Bill C-7, in Clause 16, be amended by deleting lines 30 to 34 on page 11.
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS: Yvan Loubier, Pat Martin (2)
NAYS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Dominic LeBlanc, Julian Reed, Judi Longfield (8)
Pat Martin moved, --
That Bill C-7, in Clause 16, be amended by replacing lines 30 to 34 on page 11 with the following:
“(2) In the event of an irreconcilable conflict between a law made pursuant to an authority vested by this section and an Act of Parliament or any regulations made pursuant to an Act of Parliament, the conflicts shall be resolved through a conflict resolution mechanism negotiated between the band and the Minister.”
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS: Yvan Loubier, Pat Martin (2)
NAYS: Gérard Binet, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Dominic LeBlanc, Julian Reed, Judi Longfield (7)
Pat Martin moved, --
That Bill C-7, in Clause 16, be amended by replacing lines 33 and 34 on page 11 with the following:
“Act of Parliament, the law made under this section prevails to the extent of the conflict.”
At 10:37 a.m., the sitting was suspended.
At 10:40 a.m., the sitting resumed.
Debate resumed on the amendment.
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS: Yvan Loubier, Pat Martin (2)
NAYS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Dominic LeBlanc, Julian Reed, Judi Longfield, Maurice Vellacott (9)
Charles Hubbard moved, -- That Bill C-7, in Clause 16, be amended by adding after line 34 on page 11 the following:
Disposal of waste
(3) Notwithstanding subsection (2), while a band law is in force in relation to
the disposal of waste on reserve lands, regulations made under the Indian Act
or this Act respecting the disposal of waste do not apply in respect of those
lands.
At 11:12 a.m., the sitting was suspended.
At 11:21 a.m., the sitting resumed.
Debate resumed on the amendment.
After debate, the question being put on the amendment, it was agreed to unanimously by a show of hands.
YEAS: 10
NAYS: 0
After debate, Clause 16, carried on the following recorded division:
YEAS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Dominic LeBlanc, Julian Reed, Judi Longfield (8)
NAYS: Yvan Loubier, Pat
Martin (2)
Charles Hubbard moved – That the Committee adjourn for the day following completion of its deliberations related to Clause 17.
The question being put on the motion, it was agreed to by a show of hands:
YEAS: 9
NAYS: 1
On Clause 17,
Yvan Loubier moved, --
That Bill C-7, in Clause 17, subsection (1) be amended by replacing lines 1 and 2 with the following:
“(1) The existing inherent Aboriginal right of self-government, includes legislative authority for band purposes in relation to”
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS: Yvan Loubier, Pat Martin (2)
NAYS: Gérard Binet, Derek Lee, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Dominic LeBlanc, Julian Reed, Judi Longfield (8)
At 12:16 p.m., the sitting was suspended.
At 12:18 p.m., the sitting resumed.
Charles Hubbard moved, -- That Bill C-7, in Clause 17, be amended by replacing lines 1 and 2 on page 12 with the following:
Laws re: resources and entitlements
17. (1) The council of a band may make laws in relation to
After debate, the question being put on the amendment, it was agreed to on the following recorded division:
YEAS: Gérard Binet, Derek Lee, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Dominic LeBlanc, Paul Macklin, David Chatters (8)
NAYS: Yvan Loubier, Joe
Comartin (2)
On motion of Charles Hubbard, it was agreed – That the Committee do now adjourn until Monday, May 5, 2003 at 9:00 a.m.
At 12:47 p.m., the Committee adjourned to the call of the Chair.
Elizabeth B. Kingston
Clerk of the Committee