Evidence of meeting #29 for Indigenous and Northern Affairs in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.
A video is available from Parliament.
1:45 p.m.
Legislative Clerk
If I may, Mr. Chair, I don't have a copy of the amendment. That's why I want to see it before saying anything. I don't know exactly the wording of the amendment.
1:45 p.m.
Liberal
1:45 p.m.
Liberal
Gary Anandasangaree Liberal Scarborough—Rouge Park, ON
Basically it is very similar to the previous amendment. It will read, “Whereas the protection of Aboriginal and treaty rights — recognized and affirmed by section 35 of the Constitution Act, 1982 — is an underlying principle and value of the Constitution of Canada, and Canadian courts have stated that such rights are not frozen and are capable of”—and here's the change—“evolution and growth;”
1:45 p.m.
Liberal
The Chair Liberal Bob Bratina
For everyone's sake, we have a two o'clock hard stop because of technology.
1:45 p.m.
Conservative
1:45 p.m.
Legislative Clerk
Mr. Chair, following Mr. Schmale's questions, I would say that the motion can be proposed. It's up to you to decide whether it's the same. We have the same words in some places, but it's really up to your evaluation of the amendment to say that it's the same.
The rule is that the committee cannot decide twice on the same thing. Is it the same thing?
1:45 p.m.
Liberal
The Chair Liberal Bob Bratina
I'm going to say that it's different, to a minor extent, but I will still say that it is inadmissible for all of the.... We don't need to go through the whole context again. I'm going to say that as I heard it just now, it is not admissible.
Go ahead, Mr. Vidal.
1:45 p.m.
Conservative
Gary Vidal Conservative Desnethé—Missinippi—Churchill River, SK
Thank you, Mr. Chair. I will just throw my old mayor's hat on for a couple of minutes here.
Maybe the rules are different, but in the rules as I had to interpret them as mayor, I was not able to accept the same motion, or the motion with exactly the same intent, twice, Even if there were a flip of a couple of words, I was not allowed to entertain that motion in my role as mayor.
1:45 p.m.
Liberal
Gary Anandasangaree Liberal Scarborough—Rouge Park, ON
Thank you, Mr. Chair.
Again, thank you for your ruling. I want to, respectfully, challenge your decision.
1:45 p.m.
Conservative
Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON
On a point of order, Mr. Chair, can you quickly explain this to me? If we're not allowed to have that motion in the first place, how do we have the ability to challenge the chair's decision to not allow it, if it wasn't allowed in the first place?
1:45 p.m.
Liberal
The Chair Liberal Bob Bratina
In my opinion, it's enough of a change that we'll bring it forward. I really want to move the meeting along as well.
1:45 p.m.
The Clerk
The question is, “Shall the chair's ruling be sustained?” That is to say, shall the chair's ruling be upheld?
(Ruling of the chair overturned: nays 6; yeas 5 [See Minutes of Proceedings])
1:50 p.m.
Liberal
The Chair Liberal Bob Bratina
Thank you. The challenge to the ruling of the chair has been accepted, which brings the amendment forward. Now the amendment needs to be voted on.
1:50 p.m.
The Clerk
This is a recorded vote for LIB-6.
(Amendment agreed to: yeas 6; nays 5 [See Minutes of Proceedings])
1:50 p.m.
Legislative Clerk
Excuse me, Mr. Chair, but Mr. Schmale has one other amendment on the preamble. It's for line 35 or 36, I think.
1:50 p.m.
Conservative
Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON
Yes. I think it was line 36, but I could be wrong.
1:50 p.m.
Conservative
Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON
Okay. It is about staying consistent with earlier text. The bill reads, “rights and legal traditions of First Nations, Inuit and the Métis and of their institutions”. I think it should read, “traditions of First Nations, Inuit and the Métis Nation”. Inserting the word “nation” there is consistent with the text earlier on.
1:50 p.m.
Liberal
The Chair Liberal Bob Bratina
Thank you.
Let's go to a recorded division on CPC-18.
(Amendment negatived: nays 6; yeas 5 [See Minutes of Proceedings])
1:50 p.m.
Liberal
The Chair Liberal Bob Bratina
Are there any further amendments? I don't see any.
Now we'll have a recorded division on the preamble as amended.
(Preamble as amended agreed to: yeas 7; nays 4 [See Minutes of Proceedings])