AANR Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 73
Tuesday, May 13, 2003
The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 9:10 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, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Yvan Loubier, Pat Martin, Anita Neville, Julian Reed, Benoît Serré, Maurice Vellacott.
Acting Members present: Judi Longfield for John Godfrey, John Bryden for Julian Reed, John Bryden for Anita Neville.
In attendance: From the Committees Branch: Jeffrey LeBlanc, Legislative Clerk.
In attendance: From the Library of Parliament: Tonina Simeone, Analyst.
Witnesses: From the Department of Indian Affairs and Northern Development: Warren Johnson, Assistant Deputy Minister, Lands and Trust Services; 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 31,
Charles Hubbard moved, -- That Bill C-7, in Clause 31, be amended by replacing lines 39 and 40 on page 18 with the following:
by a band under section 4, including regulations establishing procedures for the holding of votes and regulations authorizing the council to appoint a person to oversee the conduct of voting.
Debate arose thereon.
Yvan Loubier moved – that the amendment be amended by adding:
“after consultation with the First Nations band council”
After debate, the question being put on the sub-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 (7)
Debate resumed on the amendment.
Debate arose thereon.
Pat Martin moved – That the amendment be amended by adding after the words “section 4” the following:
“with the consultation and consent of the band”
and by adding after the words “a person” the following:
“from a list of qualified persons who have been pre-approved for this purpose by the band council”
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 Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, John Bryden, Benoît Serré (8)
Debate continued on the amendment.
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, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, John Bryden, Benoît Serré (8)
NAYS: Yvan Loubier, Pat
Martin (2)
The Chair called, “Shall Clause 31, as amended, carry?”
After debate, the question being put on the motion, it was agreed to on the following recorded division:
YEAS: YEAS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, John Bryden (7)
NAYS: Yvan Loubier, Pat
Martin (2)
Accordingly, Clause 31, as amended, carried.
On Clause 32,
Pat Martin moved, --
That Bill C-7, in Clause 32, be amended by deleting lines 1 to 5 on page 19.
Debate arose thereon.
After debate, Yvan Loubier moved – That the amendment be amended by replacing lines 1 to 5 with the following:
“Regulations that establish a process for appealing the results of elections of members or councils as defined by the First Nations in accordance with their customs and traditions or with any rules that may be made by the First Nations themselves for reviewing the results of those elections”
Ruling of the Chair.
The Chairman ruled the proposed sub-amendment out of order on the grounds that the sub-amendment does not relate directly to the amendment.
Debate continued on the amendment.
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, John Bryden, Julian Reed, Benoît Serré (8)
Charles Hubbard moved, -- That Bill C-7, in Clause 32, be amended by replacing lines 1 to 5 on page 19 with the following:
Elections of council members
(2) Regulations made under subsection (1) in respect of leadership selection
may
(a) provide for the appointment of a chief electoral officer and deputy
electoral officers;
(b) provide that appeals of elections of members of councils and applications
to remove members from office shall be heard by a person designated by the
Minister, where jurisdiction to hear such appeals or applications has not been
conferred on a person or body by a band law referred to in subsection 11(1);
and
(c) authorize the person designated by the Minister to
(i) require any person to attend for examination under oath,
(ii) compel the production of documents, and
(iii) dismiss an appeal or application without a hearing on grounds set out in
the regulations.
Debate arose thereon.
Yvan Loubier moved – That the amendment be amended by replacing lines 1 to 5 with the following:
“Provide for regulations that establish an appeal process defined by the first nations in accordance with their customs and traditions or with any rules of the first nations for reviewing the results of elections of members of councils.”
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 Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Julian Reed (6)
Debate resumed on the amendment.
Debate arose thereon.
Pat Martin moved – That the amendment be amended by adding after the word “authorize” in section C the following:
“a qualified person who has been pre-approved for this purpose by the First Nations Council of Elders;”
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 Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Julian Reed (7)
Debate resumed on the amendment.
After debate, the question being put on the amendment, it was adopted on the following recorded division:
YEAS: Gérard Binet, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Anita Neville, Julian Reed (7)
NAYS: Yvan Loubier, Pat
Martin (2)
At 1:03 p.m., the Committee adjourned to the call of the Chair.
Elizabeth B. Kingston
Clerk of the Committee