AANR Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 64
Monday, April 28, 2003
The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met in a televised session at 9:00 a.m. this day, in Room 253-D, 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, Anita Neville, Julian Reed, Benoît Serré, Maurice Vellacott.
In attendance: From the Committees Branch: Susan Baldwin, Jeffrey LeBlanc, Legislative Clerks; Jeremy LeBlanc, 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.
On Clause 5
Maurice Vellacott moved, --
That Bill C-7, in Clause 5, be amended by replacing line 15 on page 5 with the following:
“be adopted only during the period of three years”
After debate, the question being put on the amendment, it was agreed to on the following recorded division:
YEAS: Gérard Binet, Stan Dromisky, John Godfrey, Nancy Karetak-Lindell, Yvan Loubier, Pat Martin, Anita Neville, Julian Reed, Benoît Serré, Maurice Vellacott (10)
NAYS: (0)
Pat Martin moved, --
That Bill C-7, in Clause 5, be amended by replacing line 17 on page 5 with the following:
“section, or at a date as early as the band establishes feasible.”
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, Nancy Karetak-Lindell, Anita Neville, Julian Reed, Benoît Serré (7)
Pat Martin moved, --
That Bill C-7, in Clause 5, be amended by replacing lines 23 to 29 on page 5 with the following:
“(5) A leadership selection code must respect the rights of all members of the band.”
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, Benoît Serré, Maurice Vellacott (9)
Clause 5, as amended, carried by a show of hands.
YEAS: 7
NAYS: 3
On Clause 6
Yvan Loubier moved, --
That Bill C-7, in Clause 6, be amended by replacing subsections (1) through (4) with the following
“(1) An administration of government code must address and achieve the
following objectives:
(a) frequency of meetings;
(b) the manner of calling and publicizing meetings;
(c) the participation of members in meeting and;
(d) the keeping of minutes of proceedings at meetings and access to the minutes
by members.
(2) An administration of government code must address and achieve the following
objectives respecting meetings of the Council of the band:
(a) meetings which are to be open to members of the band and the frequency of
such meetings;
(b) the manner of calling and publicizing meetings;
(c) the manner of making decisions and exercising the Council's powers; and
(d) the keeping of records of the Council's decisions and access to those
records by members of the band.
(3) government code must address and achieve the following objectives
respecting the development, making and registration of band laws:
(a) providing for reasonable notice to band members of a proposed law and permitting
affected persons to comment on it before its made;
(b) prescribing the procedure for making of band laws by the Council; and
(c) providing for the maintenance of a band registry of codes and laws.
(4) An administration of government code must address and achieve the following
objectives:
(a) setting out the roles and authority of the band administration and its
relationship to the Council;
(b) providing for conflicts of interest of members of the Council and employees
of the band;
(c) respecting access to information under the control of the band, protection
of personal information under its control and access by individuals to
information about themselves; and
(d) establishing a procedure for amending the code.”
After debate, the question being put on the amendment, it was negatived by a show of hands.
YEAS: 2
NAYS: 8
Pat Martin moved, --
That Bill C-7, in Clause 6, be amended by replacing lines 30 to 43 on page 5 with the following:
“6. (1) An administration of government code must specify
(a) the frequency of meetings of band members;
(b) the manner of calling and publicizing meetings;
(c) the participation of members in meetings; and
(d) the keeping of minutes of proceedings at meetings and access to the minutes by members.”
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, Charles Hubbard, Nancy Karetak-Lindell, Julian Reed (5)
Maurice Vellacott moved, --
That Bill C-7, in Clause 6, be amended by replacing line 32 on page 5 with the following:
“of the members of the band and residents of the reserve and, in particular,”
After debate, the question being put on the amendment, it was negatived by a show of hands.
YEAS: 2
NAYS: 6
On motion of Nancy Karetak-Lindell, it was agreed – That the Standing Committee suspend its proceedings until 3:15 p.m. this day.
At 12:54 p.m., the sitting was suspended.
At 3:25 p.m., the sitting resumed.
The Committee resumed Clause-by-Clause consideration of the Bill.
On Clause 6,
Pat Martin moved, --
That Bill C-7, in Clause 6, be amended by replacing lines 1 to 15 on page 6 with the following:
“(2) An administration of government code must specify
(a) the frequency of meetings of the council and that all such meetings be open to all members of the band;
(b) the manner of calling and publicizing meetings;
(c) the manner in which the band council is to make decisions and exercise its powers; and
(d) the manner in which records of the council’s decisions are to be kept and the means by which members of the band are to have access to those records.”
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)
Maurice Vellacott moved, --
That Bill C-7, in Clause 6, be amended by replacing line 5 on page 6 with the following:
“bers of the band and residents of the reserve be held at least four times in every”
On motion of Charles Hubbard, it was agreed, by unanimous consent, --
That the motion be further amended by replacing the word “four” with the word “two”.
After debate, the question being put on the amendment, as amended, it was negatived by a show of hands.
YEAS: 1
NAYS: 8
Maurice Vellacott moved, --
That Bill C-7, in Clause 6, be amended by replacing line 8 on page 6 with the following:
“publicizing meetings, with a view to ensuring that every meeting is publicized for a reasonable amount of time before it is held;”
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS: Maurice Vellacott (1)
NAYS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Julian Reed, Yvan Loubier, Pat Martin (8)
Maurice Vellacott moved, --
That Bill C-7, in Clause 6, be amended by adding after line 8 on page 6 the following:
“(b.1) prescribing that a quorum of the members of council must be present at a meeting of the council in order for the council to exercise its powers;”
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS: Maurice Vellacott (1)
NAYS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Julian Reed, Yvan Loubier, Pat Martin (8)
At 5:45 p.m., the sitting was suspended.
At 6:05 p.m., the sitting resumed.
At 6:19 p.m., on motion of Julian Reed, it was agreed – That the Committee now adjourn until 11:00 a.m., Tuesday, April 29, 2003.
At 6:19 p.m., the Committee adjourned to the call of the Chair.
Elizabeth B. Kingston
Clerk of the Committee