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AANR Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 75

Thursday, May 15, 2003

The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 9:24 a.m. this day, in Room 371, West Block, the Chair, Raymond Bonin, presiding.

Members of the Committee present: Gérard Binet, Raymond Bonin, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Julian Reed, Maurice Vellacott.

Acting Members present: Joe Comartin for Pat Martin, Mario Laframboise for Yvan Loubier, Joe Clark for Inky Mark, Jocelyne Girard-Bujold for Serge Cardin, Dominic LeBlanc for Benoît Serré, Jocelyne Girard-Bujold for Yvan Loubier.

In attendance: From the Committees Branch: Jeffrey LeBlanc, Legislative Clerk. From the Library of Parliament: Mary Hurley, Analyst.

Witnesses: From the Department of Indian Affairs and Northern Development: Warren Johnson, Assistant Deputy Minister, Lands and Trust Services; 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.

On Clause 35,

Mario Laframboise moved, --

That Bill C-7, in Clause 35, be amended

(a) by replacing, in the English version, line 28 on page 19 with the following:

Act;”

(b) by replacing line 31 on page 19 with the following:

Act; or

(e) any band or first nation that chooses to pursue traditional means of leadership selection, administration and accountability.”

Debate arose thereon.

Joe Comartin moved – That the amendment be amended by adding after the word “accountability” the following:

“or an other band or First Nation which files a certificate with the Minister stating that in its opinion the operation of the regulations passed pursuant to sections 5, 6, 7, 16 and 17 would infringe upon their inherent treaty or aboriginal right of self-government”

After debate, the question being put on the sub-amendment, it was negatived on the following recorded division:

YEAS: Mario Laframboise, Joe Comartin (2)

NAYS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Julian Reed, Maurice Vellacott (8)

Debate resumed on the amendment.

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS: Mario Laframboise, Joe Comartin (2)

NAYS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Julian Reed, Maurice Vellacott (8)

The Chair called “Shall Clause 35 carry?”

After debate, the question being put on the motion, it was agreed to on the following recorded division:

YEAS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Julian Reed, Dominic LeBlanc (8)

NAYS: Maurice Vellacott, Jocelyne Girard-Bujold, Mario Laframboise, Joe Comartin, Joe Clark (5)

Accordingly, Clause 35 carried.

On new Clause 35.1

Maurice Vellacott moved, -- That Bill C-7 be amended by adding after line 31 on page 19 the following new clause:

Access to Information Act

35.1 The Access to Information Act applies in respect of all documents produced by the council of a band.”

Charles Hubbard moved – That the Committee now adjourn to the call of the Chair.

The question being put on the motion, it was agreed to by a show of hands:

YEAS 6

NAYS: 4

At 11:10 a.m., the Committee adjourned to the call of the Chair.

Elizabeth B. Kingston

Clerk of the Committee