AANR Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 63
Thursday, April 10, 2003
The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 9:40 a.m. this day, in Room 371, West Block, the Chair, Raymond Bonin, presiding.
Members of the Committee present: Gérard Binet, Raymond Bonin, David Chatters, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Yvan Loubier, Pat Martin, Anita Neville, Julian Reed, Maurice Vellacott.
Acting Members present: Beth Phinney for Benoît Serré.
In attendance: From the Committees Branch: Susan Baldwin, Jeffrey LeBlanc, Legislative Clerks.
In attendance: 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; 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 proceeded to Clause-by-Clause consideration of the Bill.
Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.
On Clause 5
Pat Martin moved, --
That Bill C-7, in Clause 5, be amended by replacing lines 12 to 45 on page 4 and lines 1 to 13 on page 5 with the following:
“5. (1) A leadership selection code must
(a) provide for the size and composition of the band council;
(b) establish a mode of selection of the members of the council;
(c) specify the term of office of the members of the council, which may be fixed or indefinite;
(d) prescribe procedures for selection of the members of the council;
(e) prescribe the qualifications of persons entitled to be selected as members of the council;
(f) if a band chooses to elect a council, prescribe the qualifications of persons who may vote at elections of the council and the process for voting;
(g) specify the manner of filling vacancies on the council;
(h) specify the grounds and provide a process for appealing the selection of members of the council;
(i) specify a process by which members of the council may be removed from office and the grounds for removal;
(j) identify corrupt electoral policies; and
(k) establish a procedure for amending the code.”
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, Anita Neville, Julian Reed, Beth Phinney (8)
At 10:05 a.m., Pat Martin moved – That the Committee suspend its sitting until such time as documents concerning the constitutional and legal implications of the proposed legislation are available from the department, or those involved in the drafting of such documents may be interviewed.
The Chairman ruled the proposed motion out of order on the grounds that it is similar to a motion already negatived by the Committee on Wednesday, April 2, 2003. (Meeting no. 59)
Dave Chatters proposed – That the proposed amendment of the Bloc Québécois, on Clause 5, concerning the establishment of the office of the First Nations Election Officer be considered out of order on the grounds that it would require a Royal Recommendation.
The Chairman ruled that given the fact the Committee is studying the Bill following first reading, all amendments considered by the Committee requiring a Royal Recommendation will be included in the Committee’s Report to the House. It may be up to the House itself to decide whether or not those amendments in question are ruled out of order.
Yvan Loubier moved, --
That Bill C-7, in Clause 5, be amended by:
“(1) A leadership selection code adopted by a band must address and achieve
the following objectives:
(a) providing for the size and composition of the band Council;
(b) establishing a mode of selection of members of Council;
(c) specifying the terms of office, which may be fixed or indefinite;
(d) prescribing procedures for selecting the member of Council;
(e) prescribing the qualifications of persons entitled to be selected as
members of Council;
(f) if a band chooses to elect its Council, prescribing the qualification of
those persons who may vote at elections of the Council and the process for
carrying on the voting;
(g) specifying the manner of filling vacancies;
(h) specifying the grounds and providing a process for appealing from the
selection of members of Council; (i) specifying the grounds and process for
removal from office of members of Council, including elected members;
(j) identifying corrupt electoral policies; and
(k) establishing a procedure for amending the code.”
b) adding a subsection (6) as follows:
“(6) The office of the First Nations Elections Officer shall be established in consultation with the Assembly of First Nations and the Minister. The First Nations Elections Officer shall supervise the entire election process.”
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS: Maurice Vellacott,
Yvan Loubier, Pat Martin (3)
NAYS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Julian Reed, Beth Phinney (8)
Yvan Loubier moved, --
That Bill C-7, in Clause 5, be amended by replacing lines 20 and 21 on page 4 with the following:
“members of the council;”
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, Anita Neville, Julian Reed, David Chatters, Maurice Vellacott (9)
Charles Hubbard moved, --
That Bill C-7, in Clause 5, be amended by replacing, in the English version, lines 20 and 21 on page 4 with the following:
“members of the council, such that at least a majority of them are elected;”
After debate, the question being put on the amendment, it was carried by a show of hands.
YEAS: 7
NAYS: 1
At 12:10 p.m., Pat Martin moved – That the Committee adjourn until all documents pertaining to any legal or constitutional implications of the enactment of Bill C-7 be tabled with the Committee.
The question being put on the motion, it was negatived by a show of hands.
YEAS: 3
NAYS: 7
At 12:21 p.m., Maurice Vellacott moved – That the Committee now adjourn.
The Chairman ruled the proposed motion out of order on the grounds that to have a second dilatory motion proposed, a substantive motion is required to be moved in between.
Yvan Loubier moved, --
That Bill C-7, in Clause 5, be amended by replacing lines 22 and 23 on page 4 with the following:
“(c) specifying the term of office of elected members of”
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, Anita Neville, Julian Reed, Maurice Vellacott (8)
At 12:30 p.m., Maurice Vellacott moved – That the Committee adjourn until Monday, April 28, 2003, and that they then recommence clause-by-clause and after such time as that is completed, reports it to the House.
The question being put on the motion, it was negatived by a show of hands.
YEAS: 3
NAYS: 6
At 12:30 p.m., Charles Hubbard moved – That the Committee suspend until 1:00 p.m.
The question being put on the motion, it was agreed to by unanimous consent.
At 1:17 p.m., the sitting resumed.
Yvan Loubier moved, --
That Bill C-7, in Clause 5, be amended by deleting lines 14 to 17 on page 5.
After debate, the question being put on the amendment, it was negatived by a show of hands.
YEAS: 2
NAYS: 7
At 1:52 p.m., Stan Dromisky moved – That the Committee adjourn until Monday, April 28, 2003 at which time the Committee will recommence the clause-by-clause consideration of Bill C-7. After the completion of clause-by-clause consideration, the Committee shall report the Bill to the House.
The question being put on the motion, it was agreed to by a show of hands.
YEAS: 7
NAYS: 2
At 1:52 p.m., the Committee adjourned to the call of the Chair.
Elizabeth B. Kingston
Clerk of the Committee