AAND Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 58
Tuesday, March 23, 1999
The Standing Committee on Aboriginal Affairs and Northern Development met at 11:20 a.m. this day, in Room 705, La Promenade Building, the Chair, Guy St-Julien, presiding.
Members of the Committee present: Claude Bachand, John Bryden, John Finlay, David Iftody, Nancy Karetak-Lindell, Gerald Keddy, Derrek Konrad, Robert D. Nault, Mike Scott and Guy St-Julien.
Acting Members present: Bev Desjarlais for Louise Hardy, Charles Hubbard for Judi Longfield.
In attendance: From the Library of Parliament: Mary Hurley and Jill Wherrett, Research Officers. From Committees and Legislative Services, House of Commons: Paulette Nadeau, Legislative Clerk.
Witnesses: From the Department of Indian Affairs and Northern Development: Terry Henderson, Director General, Claims Implementation Branch; Ken Marchant, Legal Counsel; Sandy Jackson, Acting Director, Intergovernmental Affairs; Gord Kitchen, Director, Land Entitlement and Claims Implementation. From the Department of Justice: Trevor Heney, Counsel, Legal Services.
The Committee resumed consideration of Bill C-56, An Act respecting an agreement with the Norway House Cree Nation for the settlement of matters arising from the flooding of lands, and respecting the establishment of certain reserves in the province of Manitoba. (See Minutes of Proceedings dated, Thursday, March 2, 1999, Meeting no. 50).
On Clauses 2 and 8
The witnesses answered questions.
At 11.25 a.m., the Committee proceeded to Clause by Clause consideration of the Bill.
Clauses 2 to 10 carried severally on division.
Clause 11 was allowed to stand.
Clauses 12 and 13 carried severally on division.
Derrek Konrad moved, -That Bill C-56 be amended by adding after line 36 on page 5 of the following new clause:
"13.1 The council of a first nation, at the request of a member of that first nation, shall adopt a resolution that the entitlement of that member under an agreement be exercised in a manner other than having lands set apart as reserves, including, in particular,
(a) holding the lands in fee simple; or
(b) receiving an amount of money instead of lands."
RULING BY THE CHAIR
"Part 2 of the Bill establishes mechanisms to facilitate the implementation of claims settlements in Manitoba by the creation of reserves or the addition of land to existing reserves.
The amendment proposed by the Member appears to be inconsistent with the agreement since it proposes that entitlement be exercised in a manner other than having lands set apart as reserves. It therefore goes beyond the scope of the Bill and is contrary to citation 698(1) of Beauchesne's Parliament Rules and Forms (6th edition) which reads as follows: "An amendment is out of order if its is irrelevant to the bill, beyond its scope or governed by or dependent upon amendments already negatived."
Consequently, I rule the amendment out of order."
Clause 14 carried on division.
The Committee reverted to consideration of Clause 11.
After debate, Clause 11 carried on division.
The Schedule carried on division.
Clause 1 carried on division.
The Title carried on division.
The Bill carried on division, on the following recorded division:
YEAS
John Bryden
John Finlay
David Iftody
Nancy Karetak-Lindell
Charles Hubbard
Robert Nault
Bev Desjarlais
Gerald Keddy (8)
NAYS
Derrek Konrad
Claude Bachand (2)
ORDERED, -That the Chairman report the Bill to the House.
At 12:35 p.m., the Committee adjourned to the call of the Chair.
Christine Fisher
Clerk of the Committee