Evidence of meeting #27 for Indigenous and Northern Affairs in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was claim.
A recording is available from Parliament.
3:55 p.m.
Conservative
The Chair Conservative Barry Devolin
Thank you.
The next item in our package is on page 9. It is identified as amendment NDP-2 and has been put forward by Ms. Crowder. Ms. Crowder, is it your intention to move this amendment?
3:55 p.m.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Mr. Chair, in consultation with appropriate groups, I will withdraw this amendment.
3:55 p.m.
Conservative
The Chair Conservative Barry Devolin
Thank you.
Next is amendment NDP-3, on page 10. It is also from Ms. Crowder. Is it your intention to put this amendment forward?
3:55 p.m.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Mr. Chair, I will be submitting this amendment.
I believe it clarifies the fact that the tribunal may decide what it will deduct. I think it clarifies the discretion that's open to the tribunal.
3:55 p.m.
Conservative
The Chair Conservative Barry Devolin
Bill C-30 orders the tribunal to deduct any benefits received by the first nation from the compensation determined by the tribunal. However, the amendment seeks to authorize the tribunal to not deduct benefits received by a claimant in respect to a specific claim from the amount of compensation determined by the tribunal. If agreed upon, this amendment would increase the amount paid by the crown to the claimants.
Once again, House of Commons Procedure and Practice on page 655 says the following:
An amendment must not offend the financial initiative of the Crown. An amendment is therefore inadmissible if it imposes a charge on the Public Treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications as expressed in the Royal Recommendation.
In the opinion of the chair, the amendment proposes to impose a charge on the public treasury, which offends the royal recommendation. Therefore, I rule the amendment inadmissible.
The next item in our package is identified as NDP-4. Ms. Crowder, is it your intention to bring this amendment forward?
3:55 p.m.
Conservative
The Chair Conservative Barry Devolin
Thank you.
Bill C-30 provides that the compensation awarded according to subclause 20(4) be divided equally among all claimants. However, the amendment seeks to grant each claimant the total of this compensation.
I won't reread the portion from House of Commons Procedure and Practice on page 655. However, in the opinion of the chair, the amendment proposes to impose a charge on the public treasury, which offends the royal recommendation. Therefore, I rule the amendment inadmissible.
Ms. Crowder.
3:55 p.m.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Mr. Chair, although I will not be challenging the ruling of the chair on that, this was an attempt to clarify that when claimants are grouped together, they would actually be treated individually in terms of the total amount of compensation. I just want it to stand on record that it was the concern that each individual claimant could have up to the $150 million in compensation. I look to the government to treat individual claimants separately when they're grouped together.
3:55 p.m.
Conservative
The Chair Conservative Barry Devolin
Thank you.
As we have discussed before, in the event that the chair rules an amendment inadmissible, the chair is not required to provide an explanation. Having said that, the ruling on admissibility was based on the fact that it would impinge on the royal recommendation, as opposed to on the substance or intent of the amendment.
The next item, on page 12 in the package, is known as NDP-5 and is also brought forward by Ms. Crowder. Is it your intention to move this?
4 p.m.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Yes, I am moving this amendment.
Again, Mr. Chair, we heard from a significant number of witnesses before the committee that there were some concerns about considerations other than monetary consideration. I think it's important to recognize that a number of witnesses came before us to talk about those concerns, and that is what this amendment attempts to do.
4 p.m.
Conservative
The Chair Conservative Barry Devolin
Thank you.
Bill C-30 provides that the principle of the bill, as established in clause 3, is to empower the tribunal to decide on compensation relating to specific claims of first nations. However, the amendment seeks to provide the tribunal the power to make recommendations on non-monetary matters relating to a specific claim. House of Commons Procedure and Practice states on page 654:
An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.
In the opinion of the chair, the amendment, which empowers the tribunal to issue recommendations on non-monetary issues, goes beyond the principle of the bill. Therefore, I will rule this amendment inadmissible.
That's the end of the possible amendments on clause 20.
(Clause 20 agreed to)
4 p.m.
Conservative
The Chair Conservative Barry Devolin
I'm going to deal with it right now.
The next item in our package, on page 13, is Liberal-4. If it were to be proposed, and if it were to be admissible and be accepted, it would be clause 20.1 in the bill. That's why we're not considering it as part of clause 20. Okay?
4 p.m.
Liberal
Anita Neville Liberal Winnipeg South Centre, MB
I am advised, Mr. Chair, that it will be ruled inadmissible, so I will not be proceeding with it.
4 p.m.
Conservative
The Chair Conservative Barry Devolin
I hadn't made up my mind yet.
Okay, so we won't be dealing with clause 20.1.
If you look in your package, you will see there are no proposed amendments for clauses 22 to 40 inclusive.
4 p.m.
Liberal
Todd Russell Liberal Labrador, NL
Mr. Chair, I am going to move an amendment to clause 30, so if you want to proceed up to clause 29, you can certainly do that.
4 p.m.
Conservative
The Chair Conservative Barry Devolin
In fact, before we deal with that, I need to take one step back. We did not deal with clause 21.
(Clause 21 agreed to)
4 p.m.
Conservative
The Chair Conservative Barry Devolin
Now, to my knowledge, there are no proposed amendments to clauses 22 to 29.
4 p.m.
Conservative
The Chair Conservative Barry Devolin
Okay, so it's clause 35 that you're proposing to amend.
Okay. Given that to my knowledge there are no proposed amendments dealing with clauses 22 to 34, can we deal with these as a group?
4 p.m.
Some hon. members
Agreed.
4 p.m.
Liberal
Todd Russell Liberal Labrador, NL
Thank you, Mr. Chair.
If we could follow a similar process to what you've already allowed regarding similar amendments, I will present the wording of the amendment, if that's okay, and I will then ask our expert witnesses for their opinion on any implications or ramifications of the proposed amendment. I've been advised by the legislative clerk that in fact if I move my amendment it will probably be in order.
If it's okay with you, I will do it in this fashion.