3. Senate Committees - The Heart of the Senate's Work

In fiscal year 2004-2005, the Aboriginal Peoples Committee undertook a special study on the involvement of Aboriginal communities and businesses in economic activities in Canada. The committee held six meetings and heard from ten witnesses on this topic. At the end of March 2005, the Chair and Deputy Chair went to the Northwest Territories on a fact-finding mission to flesh out the committee's study. The committee hopes to table its final report in December 2006.

On the legislative front, the committee examined three bills:

• Bill C-11, Westbank First Nation Self-Government Agreement;
• Bill C-14, Tlicho Land Claims and Self-Government Act; and
• Bill C-20, First Nations Fiscal and Statistical Management Act.

The three bills were reported to the Senate without amendment.

The order of reference of the Standing Committee in Agriculture and Forestry dealt with the present state and future of agriculture and forestry. In recent years, agriculture has had to face many unexpected events that put this part of the economy and society in jeopardy - most recently the BSE crisis that affected the whole country. This order of reference allowed the Committee to hear witnesses when such an unexpected event occurs and when it is important for the Senate to have a grasp of the issue so that it can be part of the solution.

In 2004-2005, the U.S. border remained closed to Canadian live cattle. However, the need to process Canadian livestock in Canada is a question of survival for this industry. The government clearly stated its goal to increase the Canadian packing capacity. The Committee reviewed the government's policies and programs pertaining to this goal as well as their implementation.

The committee tabled two reports: The BSE Crisis - Lessons for the Future, tabled in April 2004, and Value-Added Agriculture in Canada, tabled in December 2004. The policy goals mentioned in the first report were included in the strategy to reposition the livestock industry announced by the government on September 10, 2004, notably the need to increase the domestic packing capacity in Canada.

The Special committee on the Anti-terrorism Act was created in December 2004 to undertake a comprehensive review of the provisions and operation of the Anti-terrorism Act, (S.C. 2001, c.41).

The committee launched its sessions in February 2005. The Honourable Anne McLellan, Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness, introduced Bill C-36 when she was Minister of Justice in 2001.

The committee discussions focused on the tension between the need for freedom in an open society and the need for national security in an environment of terrorist threat. The underlying question the committee is trying to address focuses on the right balance in Canada's existing anti-terrorism legislation. Does Canada need to strengthen its legislation, or soften it? Is the legislation being applied appropriately or do changes need to be made?

The senators have questioned the ministers responsible for Canada's national security and those whose communities feel threatened by the legislation. To date, they have questioned bodies that oversee Canada's security agencies and have heard testimony from those who have devoted their careers to human rights issues, among others.

The mandate of the Standing Committee on Banking, Trade and Commerce is to examine legislation and matters relating to banking, trade and commerce generally, including: banking, insurance and trust and loan companies; customs and excise; taxation legislation; patents and royalties; corporate affairs; and bankruptcy.

In late 2004, the committee undertook a study dealing with charitable giving in Canada. The committee's interim report, The Public Good and Private Funds: The Federal Tax Treatment of Charitable Giving by Individuals and Corporations, was tabled in the Senate in December 2004 and contains seven recommendations that the committee believes would enhance charitable giving.

As part of its enquiry into the present state of the financial system, the Governor of the Bank of Canada, David Dodge, appeared before the committee on two occasions concerning the Bank's monetary policy.

The committee also began an extensive examination of consumer issues arising in the financial services sector. The committee intends to table its report on this matter in the following fiscal year.

In addition to its special studies, the committee examined several pieces of legislation.  In 2004-2005, the committee heard witnesses on:

• Bill C-21, An Act to amend the Customs Tariff
• Bill C-249, An Act to amend the Competition Act
• Bill S-17, An Act to implement an agreement, conventions and protocols concluded between Canada and Gabon, Ireland, Armenia, Oman and Azerbaijan for the avoidance of double taxation and the prevention of fiscal evasion
• Bill C-5, An Act to provide financial assistance for post-secondary education savings
• Bill C-29, An Act to amend the Patent Act
• Bill S-19, An Act to amend the Criminal Code (criminal interest rate)

The committee deals with matters relating to energy, the environment and natural resources generally, including: mines and natural resources other than fisheries and forestry; pipelines, transmission lines and energy transportation; environmental affairs; and other energy-related matters.

In 2004-2005, the committee examined Bill C-7, An Act to amend the Department of Canadian Heritage Act and the Parks Canada Agency Act and to make related amendments to other Acts. The committee heard from three witnesses and reported the Bill to the Senate without amendments on December 9, 2004.

In addition to its study of legislation, the committee continued its detailed study concerning the progress of the Kyoto Protocol, focusing on One-Tonne Challenge aspects of the issue. In November 2004, the committee concluded its study with the publication of an interim report entitled The One-Tonne Challenge: Let's Get on with It!

The committee also held hearings and conducted a fact-finding visit to Edmonton, Calgary and Fort McMurray.

During the 2004-2005 fiscal year, the committee initially continued hearings on fish habitat. However, with the beginning of the 38th Parliament, the committee launched a major new study into the federal government's new and evolving policy framework for managing Canada's fisheries and oceans. In this work, the committee has been particularly interested in the potential adverse effects of policy changes on coastal communities and their inhabitants.

The committee also conducted a study on quota allocations and benefits in Northern Canada. It tabled its final report on this study, entitled Nunavut Fisheries: Quota Allocations and Benefits, in April 2004.

The Standing Senate Committee on Foreign Affairs deals with matters relating to foreign relations generally, including: treaties and international agreements; external trade; foreign aid; territorial and offshore matters.

In May 2004, the committee reported without amendment Bill C-9, An Act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa). In December 2004, the Committee undertook a special study on development and security and Canadian foreign policy as it relates to Africa.

Witnesses spoke eloquently about the difficulties African nations face in developing sustainable economies, while others explained the challenges involved in assisting African countries in achieving their social, economic and environmental goals.

The study on Africa continues this fall and the committee will also continue to examine other issues related to its mandate.

The Standing Committee on Human Rights was created to be a conduit between governments and non-governmental agencies concerned with human rights issues. Canada has ratified a number of international instruments designed to protect human rights, and it plays a leading role in promoting those instruments. Canada's courts, the Supreme Court in particular, increasingly consider Canada's international obligations when interpreting the provisions of the Canadian Charter of Rights and Freedoms and provincial charters and statutes for the protection of human rights.

The committee sees some of its primary goals as:

• Ensuring the proper application of and adherence to the Charter of Rights of legislation and policies federally;
• Encouraging and managing the dialogue for a proper balance between security and other human rights concerns in this post-September 11th world;
• Educating and ensuring the proper application and adherence to international human rights principles; and
• Identifying and ensuring the equal treatment of minorities.

The Standing Committee on Internal Economy, Budgets and Administration is responsible for examining financial and administrative matters arising from the Senate budget. The Committee pays special attention to committee budgets and establishes guidelines and policies to ensure responsible use of resources. In 2004-2005, the Committee met 15 times and produced eight reports. On May 6, the Senate adopted the Senate Administrative Rules which complement and are equal to the authority of the Rules of the Senate governing procedure.

Under the Rules of the Senate, the committee has responsibility for legal and constitutional matters generally. This includes federal-provincial relations, the administration of justice, law reform and all matters related thereto, the judiciary, all essentially juridical matters, and private bills not otherwise specifically assigned to another committee, including those related to marriage and divorce.

Fiscal year 2004-2005 included both the end of the 3rd Session of the 37th Parliament, and the beginning of the 1st Session of the 38th Parliament. In the former Parliament, the Legal and Constitutional Affairs Committee studied the following bills:

• Bill C-15, An Act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences
• Bill C-3, An Act to amend the Canada Elections Act and the Income Tax Act
• Bill S-15, An Act to amend the act of incorporation of Queen's Theological College
• Bill C-17, An Act to amend certain Acts
• Bill C-20, An Act to change the names of certain electoral districts
• Bill S-11, An Act to repeal legislation that has not been brought into force within ten years of receiving Royal Assent
• Bill C-14, An Act to amend the Criminal Code and other Acts
• Bill S-6, An Act to amend the Criminal Code (lottery schemes)

• Bill S-10, A second Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law
• Bill S-5, An Act to repeal legislation that has not come into force within ten years of receiving Royal Assent
• Bill C-36, An Act to change the boundaries of the Acadie-Bathurst and Miramichi electoral districts
• Bill C-304, An Act to change the name of the electoral district of Battle River
• Bill C-302, An Act to change the name of the electoral district of Kitchener-Wilmot-Wellesley-Woolwich
• Bill S-11, An Act to amend the Criminal Code (lottery schemes)

The committee completed its work and reported all of these bills with the exception of Bill S-5.

With respect to Bill S-11, the committee completed its work, but the report was not presented until April 12, 2005, in the subsequent fiscal year. It was reported with amendments and with observations.

The National Finance committee's work is focused on matters related to government spending. As stated in the Rules of the Senate (rule 86(1)(i)), the committee has a mandate to examine matters relating to federal estimates generally, including the national accounts and the report of the Auditor General and government finance.

A large part of the committee's work is devoted to the review of the government's Estimates and issues arising out of that review.

The Senate Committee on National Finance continued to examine means to increase the accountability and transparency in the way that government finances are presented to all Canadians. During fiscal year 2004-2005, the committee tabled four reports dealing with the Estimates (supplementary and main).

The committee highlighted its concerns in a number of areas, including: Treasury Board Vote 5 (funding to departments and agencies for unforeseen expenditures); the government's expenditure review initiative; the implementation of the Public Service Modernization Act; the government's strategy on real property held through Public Works Canada; the officers of Parliament; and government sponsored foundations and endowment funds.

The committee also expressed its interest in the announcement of ongoing efforts by the Treasury Board Secretariat regarding improved reporting to Parliament and providing clearer and more transparent information to Parliamentarians. Many of these changes stem from suggestions made by the committee in previous years.

As part of its legislative work, the committee examined two bills - Bill C-30 dealing with provisions of the budget tabled in March 2004, and Bill C-24 regarding federal-provincial fiscal arrangements. The committee also reviewed and approved the appointment of Maria Barrados as President of the Public Service Commission.

Created in early 2001, the Standing Senate Committee on National Security and Defence has been at the forefront of studies on security especially, in response to the September 11, 2001 attacks on the United States and the increased concern about national security throughout the world.

After conducting an introductory survey of the major security and defence issues facing Canada, the committee concluded that there was an urgent need for a national security policy and this became the basis for subsequent orders of reference. Four broad areas of study were included in the mandate: the capabilities of the departments of National Defence and Public Safety and Emergency Preparedness; the working relationships between various agencies involved in intelligence gathering and analysis; the mechanisms to review the agencies involved in intelligence gathering; and the security of borders and critical infrastructure.

During the past year, the Committee focused on three key projects:

• assessing the implementation of the committee's recommendations since its inception, resulting in the December 2004 report Canadian Security Guide Book;
• examining the vulnerabilities of Canada's land border crossings; and
• conducting a comprehensive review of Canadian defence policy, which the committee will report on in the Fall of 2005.
  
  

On November 4, 2004 the Subcommittee was given authority to continue its study on Veteran's Services and Benefits, Commemorative Activities and Charter. The Subcommittee has begun examining the issues of sustainability in commemorative activities undertaken by the Department of Veterans Affairs to keep alive for all Canadians the memory of veterans' achievements and sacrifices.

Under the same order of reference, the Subcommittee has also been focusing on the services and benefits provided to veterans, with particular attention to: access to priority beds; availability of alternative housing and enhanced home care; standardization of services; and monitoring and accreditation of long-term care facilities.

The committee examined a number of issues related to the application of the Official Languages Act. In particular, the committee resumed a study undertaken in October 2003 regarding French-language education in a minority setting. The committee held three full days of public hearings and heard from 41 witnesses on this topic.

The committee also examined Bill S-3, An Act to amend the Official Languages Act (promotion of English and French), sponsored by Senator Jean-Robert Gauthier. The main purpose of this Bill is to make the Part VII of the Official Languages Act enforceable, not declaratory only. The committee reported the Bill to the Senate without amendment.

In February 2004, the committee tabled a new edition of the Rules of the Senate and discussed the appointment of an Ethics Officer for the Senate. The appointment of the Senate Ethics Officer was announced in February 2005. The Senate is expect to adopt a Conflict of Interest Code early in the next fiscal year.

At the beginning of each session, a Committee of Selection is appointed to undertake two functions: the nomination of a Speaker pro tempore and the nomination of senators to serve on select committees.

In 2004-2005, the Standing Committee on Social Affairs, Science and Technology continued its study on mental health. The study, which began in 2002, arose from the committee's landmark study on acute care in Canada.

The committee's objective for the first phase of its study was to gain information on the prevalence, economic burden, stigma and discrimination associated with mental health problems and mental illness in Canada.

The committee finished the first phase of the study in November 2004 with the publication of three reports on mental health, entitled Mental Health, Mental Illness and Addiction: Overview of Policies and Programs in Canada; Mental Health Policies and Programs in Selected Countries; and Mental Health, Mental Illness and Addiction: Issues and Options in Canada.

The committee is presently in the final phase of the study with public hearings to be held across Canada on the Issues and Options report. The committee is looking for feedback and reactions to the reports in order to prepare its final recommendations. The committee's objective is to have the final report ready for the beginning of 2006.

The committee generally deals with issues relating to transport and communications that the Senate has authorized it to study.  During the 2004-2005 fiscal year, the committee continued its major examination of the Canadian news media, and tabled an interim report called Interim Report on the Canadian News Media in April 2004. This report summarized information gained to date and identified points requiring further study.

The committee then continued its study with public hearings in Ottawa, Toronto, Montreal, Vancouver, Calgary, Regina, and Winnipeg, as well as fact-finding work in Washington, D.C.

In addition to its hearings on the Canadian news media, the committee also considered the following bills during this fiscal year:

• Bill C-4, An Act to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment - reported without amendment on February 15, 2005.
• Bill C-18, An Act to amend the Telefilm Canada Act and another Act - reported without amendment but with observations on March 22, 2005.
• Bill C-7, An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety.
• Bill S- 2, An Act to prevent unsolicited messages on the Internet - unfortunately, the committee was unable to complete this work before dissolution.