Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 1 - Minutes of Proceedings
OTTAWA, Thursday, February 12, 2004
(1)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 10:57 a.m., in room 257, East Block, for the purpose of organization, pursuant to rule 88.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Beaudoin, Buchanan, P.C., Cools, Furey, Jaffer, Joyal, P.C., Nolin, Pearson and Smith, P.C. (11)
In attendance: From the Library of Parliament, Margaret Young and Mary Hurley.
Also in attendance: The official reporters of the Senate.
The committee proceeded to organize pursuant to rule 88.
The clerk of the committee presided over the election of the Chair.
The Honourable Senator Beaudoin moved that the Honourable Senator Furey be Chair of this committee.
The question being put on the motion, it was adopted.
The Honourable Senator Furey took the Chair.
The Honourable Senator Joyal, P.C. moved that the Honourable Senator Beaudoin be Deputy Chair of this committee.
The question being put on the motion, it was adopted.
The Honourable Senator Pearson moved:
That the Subcommittee on Agenda and Procedure be composed of the Chair, the Deputy Chair and one other member of the committee to be designated after the usual consultation; and
That the subcommittee be empowered to make decisions on behalf of the Committee with respect to its agenda, to invite witnesses and schedule hearings.
The question being put on the motion, it was adopted.
The Honourable Senator Beaudoin moved:
That the committee print its proceedings; and
That the Chair be authorized to set this number to meet demand.
The question being put on the motion, it was adopted.
The Honourable Senator Joyal, P.C. moved that, pursuant to rule 89, the Chair be authorized to hold meetings, to receive and authorize the printing of the evidence when a quorum is not present, provided that a member of the committee of the government and the opposition be present.
The question being put on the motion, it was adopted.
The Honourable Senator Nolin moved that, pursuant to rule 104, the Chair be authorized to report expenses incurred by the committee during the last session.
The question being put on the motion, it was adopted.
The Honourable Senator Jaffer moved:
That the committee ask the Library of Parliament to assign research officers to the committee; and
That the Chair be authorized to seek authority from the Senate to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of the committee's examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.
The question being put on the motion, it was adopted.
The Honourable Senator Jaffer moved that the Subcommittee on Agenda and Procedure be authorized to retain the services of such experts as may be required by the work of the committee.
The question being put on the motion, it was adopted.
The Honourable Senator Jaffer moved that the Chair, on behalf of the committee, direct the research staff in the preparation of studies, analyses, summaries and draft reports.
The question being put on the motion, it was adopted.
The Honourable Senator Buchanan, P.C. moved:
That pursuant to section 32 of the Financial Administration Act, authority to commit funds be conferred on the Chair, the Deputy Chair and the clerk of the committee; and
That, pursuant to section 34 of the Financial Administration Act, and Guideline 3:05 of Appendix II of the Rules of the Senate, authority for certifying accounts payable by the committee be conferred on the Chair, the Deputy Chair, and the clerk of the committee.
The question being put on the motion, it was adopted.
The Honourable Senator Jaffer moved, that the committee empower the Subcommittee on Agenda and Procedure to designate, as required, one or more members of the committee and/or such staff as may be necessary to travel on assignment on behalf of the committee.
After debate, it was agreed that further consideration of the motion be deferred to a later sitting of the committee.
The Honourable Senator Andreychuk moved, that the Subcommittee on Agenda and Procedure be authorized to:
1) determine whether any member of the Committee is on ``official business'' for the purposes of paragraph 8(3)(a) of the Senators' Attendance Policy, published in the Journals of the Senate on Wednesday, June 3, 1998; and
2) consider any member of the Committee to be on ``official business'' if that member is: (a) attending a function, event or meeting related to the work of the Committee; or (b) making a presentation related to the work of the Committee.
The question being put on the motion, it was adopted.
The Honourable Senator Baker, P.C. moved that, pursuant to the Senate guidelines for witnesses expenses, the committee may reimburse reasonable travelling and living expenses for one witness from any one organization and payment will take place upon application, but that the Chair be authorized to approve expenses for a second witness should there be exceptional circumstances.
The question being put on the motion, it was adopted.
The Honourable Senator Cools moved:
That, the Chair be authorized to seek authority from the Senate to permit coverage by electronic media of the committee's public proceedings with the least possible disruption of its hearings; and
That the Subcommittee on Agenda and Procedure be empowered to allow such coverage at its discretion.
The Chair informed the committee members of the time slot for the regular meetings.
At 11:07 p.m., in accordance with rule 92(2)(e), the committee continued in camera to consider a draft agenda.
At 11:31 a.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Wednesday, February 18, 2004
(2)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 4:55 p.m., in room 705, Victoria Building, the Honourable George J. Furey, Chair, presiding.
Members of the Committee present: The Honourable Senators Andreychuk, Baker, P.C., Beaudoin, Bryden, Cools, Furey, Jaffer, Joyal, P.C., and Smith, P.C. (9)
In attendance: From the Library of Parliament, Margaret Young and Mary Hurley.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, February 11, 2004, the committee began its consideration of Bill S-6, An Act to amend the Criminal Code (lottery schemes).
WITNESSES:
From the Senate of Canada:
The Honourable Jean Lapointe, senator;
Pascal Charron, political advisor.
The Honourable Senator Jean Lapointe made a statement and together, witnesses answered questions.
At 5:55 p.m., the committee suspended.
At 5:58 p.m., the committee resumed in camera.
At 5:58 p.m., in accordance with rule 92(2)(e), the committee continued in camera to consider a draft agenda.
At 6:13 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Thursday, February 19, 2004
(3)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 10:55 a.m., in room 257, East Block, the Chair, Honourable George J. Furey, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Beaudoin, Bryden, Cools, Furey, Jaffer, Joyal, P.C., and Smith, P.C. (8).
In attendance: From the Library of Parliament, Margaret Young and Mary Hurley.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, February 11, 2004, the committee continued its consideration of Bill S-6, to amend the Criminal Code (lottery schemes).
WITNESSES:
From McGill University:
Jeffrey Derevensky, Professor;
Rina Gupta, Professor.
Mr. Derevensky and Ms. Gupta made a statement and answered questions.
Mr. Derevensky and Ms. Gupta submitted a brief to the committee.
At 12:15 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Marcy Zlotnick
Clerk of the Committee