Proceedings of the Standing Senate Committee on
Aboriginal Peoples
Issue 13 - Minutes of Proceedings - March 7, 2012
OTTAWA, Wednesday, March 7, 2012
(28)
[English]
The Standing Senate Committee on Aboriginal Peoples met this day, at 6:45 p.m., in room 160-S, Centre Block, the chair, the Honourable Gerry St. Germain, P.C., presiding.
Members of the committee present: The Honourable Senators Dagenais, Demers, Dyck, Lovelace Nicholas, Meredith, Munson, Patterson, Raine, St. Germain, P.C., Sibbeston, Watt and White (12).
In attendance: Tonina Simeone, Shauna Troniak and James Gauthier, Analysts, Parliamentary Information and Research Service, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, June 16, 2011, the committee continued its consideration of the federal government's constitutional, treaty, political and legal responsibilities to First Nations, Inuit and Metis peoples and other matters generally relating to the Aboriginal Peoples of Canada. (For complete text of the order of reference, see proceedings of the committee, Issue No. 2.) (Additions to Reserves)
WITNESSES:
Office of the Auditor General of Canada:
Jerome Berthelette, Assistant Auditor General;
Frank Barrett, Principal.
Mr. Berthelette made a statement and, together with Mr. Barrett, answered questions.
At 7:47 p.m., the committee suspended.
At 7:51 p.m., pursuant to rule 92(2)(e), the committee resumed in camera to consider a draft agenda (future business).
It was agreed that senators' staff be permitted to stay in the room.
At 8 p.m., the committee resumed in public and pursuant to the order of reference adopted by the Senate on Thursday, February 2, 2012, the committee continued its consideration of Bill S-6, An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations. (For complete text of the order of reference, see proceedings of the committee, Issue No. 11.)
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-6, An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations.
It was agreed that the title stand postponed.
It was agreed that clause 1 stand postponed.
It was agreed that clause 2 carry.
The chair asked whether clause 3 shall carry.
The Honourable Senator Sibbeston moved:
That Bill S-6 be amended in clause 3, on page 2, by replacing lines 36 to 38 with the following:
"(a) in the case of a First Nation whose council has been elected in accordance with the Indian Act, that First Nation's council has provided to the Minister a resolution requesting that the First Nation be added to the schedule;
(a.1) in the case of a First Nation whose council has been chosen or elected in accordance with the First Nation's community or custom election code,
(i) that First Nation's council has made a request to the Minister that the First Nation be added to the schedule, and
(ii) the request was approved in accordance with the code's amendment procedure or, if there is no such amendment procedure, by a majority of the votes cast in a secret vote in which a majority of the electors of that First Nation participated;''.
After debate, the question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Dyck, Lovelace Nicholas, Munson, Sibbeston and Watt — 5
NAYS
The Honourable Senators
Dagenais, Demers, Meredith, Patterson, Raine, St. Germain,
and White — 7
ABSTENTIONS
Nil
It was agreed, on division, that clause 3 carry.
It was agreed that clause 4 carry.
It was agreed that clause 5 carry.
It was agreed that clause 6 carry.
It was agreed that clause 7 carry.
It was agreed that clause 8 carry.
With leave, it was agreed that clauses 9 to 44 be grouped.
It was agreed that clause 9 to clause 44 carry.
It was agreed that the schedule carry.
It was agreed that the title carry.
It was agreed that the bill carry.
It was agreed that observations be appended to the report.
It was agreed that the Subcommittee on Agenda and Procedure be empowered to approve the final version of the observations being appended to this report, taking into consideration today's discussion and with any necessary editorial, grammatical or translation changes as required.
It was agreed that the chair report the bill to the Senate.
At 8:52 p.m., it was agreed that the committee adjourn to the call of the chair.
ATTEST:
Marcy Zlotnick
Clerk of the Committee