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.

On the agenda

MPs speaking

Also speaking

Jacques Maziade  Legislative Clerk
Clerk of the Committee  Mr. Naaman Sugrue
Koren Marriott  Senior Counsel, Aboriginal Law Centre, Aboriginal Affairs Portfolio, Department of Justice
Laurie Sargent  Assistant Deputy Minister, Aboriginal Affairs Portfolio, Department of Justice
Philippe Méla  Legislative Clerk

11:55 a.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Thank you, Mr. Viersen.

If, in fact, we do have the ability to raise motions, I would like to raise a motion on an amendment to clause 4. Do you want me to raise that now? Again, if we have the chance to do this at the end of the meeting and go line by line, I'm fine with that too. Maybe you could just give us some clarification.

11:55 a.m.

Liberal

The Chair Liberal Bob Bratina

Well, I am curious to hear what you've suddenly come up with after all this time.

Why don't you go ahead with your amendment?

11:55 a.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

That's perfect. Thank you.

In clause 4, under “Purpose”, after “The purpose of this Act is to”, I would like to strike “affirm the Declaration as a universal international human rights instrument with application in Canadian law” and replace it with “acknowledge the Declaration as a universal human rights instrument containing valuable guidance for reform of federal law”.

That's the first one.

The second one is, after “provide a framework for the”, strike “Government of Canada’s implementation of the Declaration” and replace it with “examination of federal law in light of the Declaration.”

11:55 a.m.

Liberal

The Chair Liberal Bob Bratina

Mr. Schmale, can you tell me why this suddenly came up?

11:55 a.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

It didn't come up, Chair. This is how I've done it in the previous Parliament and this Parliament. This is the first time I've ever done it the way we're doing it today. We do have amendments, and when we go line by line, any time I've ever done this in the past, this is how we've done it.

Noon

Liberal

The Chair Liberal Bob Bratina

Weren't you doing it line by line in your deliberations prior to this meeting, or did you just suddenly come across those lines?

Noon

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Well, we have the ability to raise motions from the floor, and that's what we plan on doing. If we had gone line by line at the beginning, we would have been able to sail through this.

Noon

Liberal

The Chair Liberal Bob Bratina

I'm not getting a sense that there's a wish from certain people on the committee to sail through this, and I know that—

Noon

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

I'm sorry you're getting that impression.

Noon

Liberal

The Chair Liberal Bob Bratina

—with the work that has gone on previously, Mr. Schmale, we were in a position today to complete our work in the timelines projected, and I'm thinking that it's not the intention today, so it concerns me.

Noon

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Chair, with all due respect, Mr. Chair—

Noon

Liberal

The Chair Liberal Bob Bratina

I'm sorry; you don't have the floor. Mr. Schmale has the floor.

I'll go to Mr. Anandasangaree, who has his hand raised.

Noon

Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Mr. Chair, I'd like to get some clarification, perhaps from our legislative clerk, in terms of process, and then, if it is appropriate, we are prepared to go to a vote on these amendments.

Noon

Legislative Clerk

Jacques Maziade

Okay, I can intervene.

As for the process we're using, when we get to an amendment, we're going kind of line by line, and when we get an amendment, the amendment is proposed and disposed of.

The fact is that these amendments are not in the package, and we cannot say, “Okay, Mr. Schmale, you have an amendment here. Do you want to move it?” It's up to you, because I don't have it. I don't know where your amendments are.

When we go through like this, we cannot go back unless we have unanimous consent to do that. This is the problem you're facing right now. When we start a clause, unless you tell us right at the beginning that you have an amendment on that line, that line and that line, and when we get there, you say you have an amendment and you can tell us.

Also, could you provide us with a written copy of the amendment? This is because we also have to look at the admissibility of the amendment and make sure that it goes with other previous amendments that were adopted.

I don't know if I'm clear with my explanation, but this is the way we proceed all the time.

Noon

Liberal

The Chair Liberal Bob Bratina

Mr. Anandasangaree, are you wishing to comment?

Noon

Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Mr. Chair, we'd be prepared to go to a vote on these two amendments.

Noon

Liberal

The Chair Liberal Bob Bratina

All right.

Is the amendment before the Bloc in French translation?

Noon

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

It doesn't have to be. It's from the floor.

Noon

Liberal

The Chair Liberal Bob Bratina

Madame Gill, are you satisfied?

Could we have the amendment again?

Noon

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Sure.

In clause 4, after “The purpose of this Act is to”, I'd like to strike “affirm the Declaration as a universal international human rights instrument with application in Canadian law” and replace it with “acknowledge the Declaration is as a universal human rights instrument containing valuable guidance for reform of federal law”.

Noon

Liberal

The Chair Liberal Bob Bratina

All right.

I'll take a recorded division, unless there are any further comments on the amendment.

We will have a recorded division on the amendment, Mr. Clerk.

Noon

Philippe Méla Legislative Clerk

Mr. Chair, may I intervene? I'm the other legislative clerk.

Noon

Liberal

The Chair Liberal Bob Bratina

Yes.

Noon

Legislative Clerk

Philippe Méla

If Mr. Schmale could provide us with a written version of the amendment, regardless of the amendment being carried or not, it would be—

Noon

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

It's on its way.