AANR Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 71
Thursday, May 8, 2003
The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met in a televised session at 9:02 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, Charles Hubbard, Nancy Karetak-Lindell, Yvan Loubier, Pat Martin, Anita Neville, Benoît Serré, Maurice Vellacott.
Acting Members present: John Finlay for John Godfrey, Beth Phinney for Julian Reed.
In attendance: From the Committees Directorate: Michael Lukyniuk and 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; Geneviève Thériault, Senior Counsel; Lucie Angers, Senior Counsel, Criminal Law Policy Section, Department of Justice.
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.
Debate resumed on the motion, “Shall Clause 29, as amended, 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 Finlay, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Beth Phinney, Benoît Serré (8)
NAYS:
Maurice Vellacott, Yvan Loubier, Pat Martin (3)
Accordingly, Clause 29, as amended, carried.
On new Clause 29.1 and 29.2
Charles Hubbard moved, -- That Bill C-7 be amended by adding after line 36 on page 17 the following:
Duty to assist with inspection or search
29.1 The owner of - or any person who is in possession or control of - a place
that is inspected or searched shall give the band enforcement officer or peace
officer any assistance or information required to enable the officer to conduct
the inspection or search.
Seizure during inspection or search
29.2 (1) A band enforcement officer or peace officer may seize any thing found
in the course of an inspection or search that the officer believes on
reasonable grounds will afford evidence of the commission of an offence under
the band law in respect of which the inspection or search is being conducted.
Application of Criminal Code
(2) Sections 462.32 to 462.46 and 489.1 to 490.1 of the Criminal Code apply,
with any modifications that are necessary, in respect of a thing seized under
subsection (1).
Maurice Vellacott moved – That the amendment be amended by adding after the words “is being conducted”, in new Clause 29.2, the following:
“and must provide a receipt for anything seized to the owner or the person who is in possession of it.”
After debate, the question being put on the sub-amendment, it was agreed to on the following recorded division:
YEAS: Gérard Binet, Stan Dromisky, John Finlay, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Beth Phinney, Benoît Serré, Maurice Vellacott (9)
NAYS: Yvan Loubier, Pat
Martin (2)
Debate resumed on the amendment, as amended.
Yvan Loubier moved – That the amendment, as amended, be further amended by adding after the word “place”, in new Clause 29.1, the following:
“other than a sacred site of the first nation”
After debate, the question being put on the sub-amendment, it was negatived on the following recorded division:
YEAS: Yvan Loubier, Pat Martin (2)
NAYS: Gérard Binet, Stan Dromisky, John Finlay, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Beth Phinney (7)
Debate continued on the amendment, as amended.
Pat Martin moved – That the amendment, as amended, be further amended by deleting the word “shall” in new Clause 29.1 and inserting the following:
“may or may not”
At 11:29 a.m., the sitting was suspended for lack of quorum.
At 11:30 a.m., the sitting resumed.
After debate, the question being put on the sub-amendment, it was negatived on the following recorded division:
YEAS: Yvan Loubier, Pat Martin (2)
NAYS: Gérard Binet, Stan Dromisky, John Finlay, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Benoît Serré (7)
Debate resumed on the amendment, as amended.
After debate, the question being put on the amendment, it was agreed to on the following recorded division:
YEAS: Gérard Binet, Stan Dromisky, John Finlay, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Beth Phinney (7)
NAYS: Yvan Loubier, Pat
Martin (2)
At 11:40 a.m., the Committee adjourned to the call of the Chair.
Elizabeth B. Kingston
Clerk of the Committee