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MINUTES OF PROCEEDINGS

Meeting No. 78

Tuesday, May 27, 2003

The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 9:02 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, Benoît Serré and Maurice Vellacott.

Acting Members present: Ovid Jackson for Julian Reed; Sue Barnes for Benoît Serré; Karen Redman for John Godfrey; Marlene Catterall for Anita Neville; Hélène Scherrer for John Godfrey; Hélène Scherrer for Julian Reed; Joe Comartin for Pat Martin; Jocelyne Girard-Bujold for Serge Cardin; Marlene Catterall for Benoît Serré; Diane St-Jacques for Julian Reed.

In attendance: From the Library of Parliament: Jean-Luc Bourdages, Analyst. From the Committee Branch: Michael Lukyniuk and Joann Garbig, Legislative Clerks.

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; From the Department of Justice: Robert Archambault, Senior Counsel, Legislative Services Branch. As individuals: Terri Brown; Cora Davis; Joyce Sky; Mary Sandy.

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 1,

Yvan Loubier moved, -- That Bill C-7, in Clause 1, be amended by replacing, in the French version, lines 4 and 5 on page 2 with the following:

1. Loi sur la gouvernance des Premières Nations.”

Debate arose thereon.

After debate, the question being put on the amendment, it was allowed to stand.

Clause 1 was allowed to stand.

On the Preamble,

By unanimous consent, Charles Hubbard moved, -- That Bill C-7, in the Preamble, be amended by replacing line 15 on page 1 with the following:

nance that can be adapted to their individual traditions and customs;

Debate arose thereon.

After debate, the question being put on the amendment, it was carried.

Yvan Loubier moved, -- That Bill C-7, in the Preamble, be amended by replacing lines 19 to 23 on page 1 with the following:

“Whereas the Government of Canada recognizes the inherent right of self-determination as an aboriginal right and has provided for the negotiation of self-determination;”

Debate arose thereon.

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS: 3; NAYS: 6.

Joe Comartin moved, -- That Bill C-7, in the Preamble, be amended by replacing lines 22 and 23 on page 1 with the following:

“and is committed to the negotiation of self-government agreements;”

Debate arose thereon.

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS: 3; NAYS: 8.

Joe Comartin moved, -- That Bill C-7, in the Preamble, be amended by deleting lines 24 to 28 on page 1.

Debate arose thereon.

At 10:34 a.m., the sitting was suspended.

At 10:36 a.m., the sitting resumed.

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 the Preamble, be amended by adding after line 28 on page 1 the following:

“Whereas the Government of Canada recognizes that first nations have their own values in relation to governance that are reflected in the customs, traditions and practices of each first nation and that all first nations desire to protect and preserve;”

Debate arose thereon.

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS: 2; NAYS: 8.

The Preamble, as amended, carried by a show of hands: YEAS: 8 ; NAYS: 2.

The Committee resumed debate on Clause 1.

Yvan Loubier moved, -- That Bill C-7, in Clause 1, be amended by replacing, in the French version, lines 4 and 5 on page 2 with the following:

1. Loi sur la gouvernance des Premières Nations.”

Debate arose thereon.

By unanimous consent, it was agreed, -- That those First Nation’s women present at the table be allowed to speak collectively for a maximum of ten minutes, thereby using the time allowed to Pat Martin.

By unanimous consent, it was agreed, -- That those First Nations women present at the table be allowed to speak collectively for a maximum of 10 minutes thereby using the time allowed to Yvon Loubier.

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

Diane St-Jacques

Benoît Serré

Maurice Vellacott -- [9]

 

Clause 1 carried, on division.

The Title carried on the following recorded division:

YEAS

            Gérard Binet

Stan Dromisky

John Godfrey

Charles Hubbard

Nancy Karetak-Lindell

Anita Neville

Diane St-Jacques

Benoît Serré -- [8]

NAYS                                                 

            Yvan Loubier

Maurice Vellacott

Pat Martin -- [3]

The Bill, as amended, carried on the following recorded division:

YEAS

            Gérard Binet

Stan Dromisky

John Godfrey

Charles Hubbard

Nancy Karetak-Lindell

Anita Neville

Diane St-Jacques

Benoît Serré -- [8]

NAYS                                                 

            Yvan Loubier

Maurice Vellacott

Pat Martin -- [3]

 

It was agreed, -- That the Committee report Bill C-7, An Act respecting leadership selection, administration and accountability of Indian bands, and to make related amendments to other Acts, as amended, to the House of Commons as the Committee’s Fourth Report, at the earliest opportunity.

ORDERED, -- That Bill C-7, An Act respecting leadership selection, administration and accountability of Indian bands, and to make related amendments to other Acts, as amended, be reprinted for the use of the House of Commons at Report Stage.

At 11:52 a.m., the Committee adjourned to the call of the Chair.

 

 

Elizabeth B. Kingston

Clerk of the Committee