Bill S-207 explained in plain English

This document details a Senate sitting on December 13, 2011. The main event of procedural significance was the first reading of Bill S-207, an Act to amend the Interpretation Act regarding aboriginal and treaty rights. The rest of the sitting was primarily occupied by tributes to Senator Tommy Banks, who was retiring, and discussions on various other government business, including reports being tabled and debates on other bills.

During the Senate sitting on February 8, 2012, the debate on Bill S-207, an Act to amend the Interpretation Act (non-derogation of aboriginal and treaty rights), was adjourned. Senator Charlie Watt moved second reading of the bill, explaining that it aims to standardize how federal legislation considers and respects Aboriginal and treaty rights, as recognized in section 35 of the Constitution Act, 1982. He noted that the bill proposes amending the Interpretation Act to state that no federal statute or regulation should be interpreted as abrogating or derogating from these rights. Senator Watt also mentioned that the Standing Senate Committee on Legal and Constitutional Affairs had previously studied non-derogation clauses in 2007 and made recommendations that this bill seeks to implement. He noted a minor correction needed for the French version of the bill. The debate was adjourned by Senator Gerald J. Comeau.

This is a record of the Senate's second reading debate on Bill S-207, An Act to amend the Interpretation Act (non-derogation of aboriginal and treaty rights). The debate was adjourned and the bill has not proceeded further. The sponsor of the bill, Senator Charlie Watt, explained that the bill aims to amend the Interpretation Act to ensure that federal laws and regulations cannot be interpreted to diminish or infringe upon Aboriginal and treaty rights, as recognized in section 35 of the Constitution Act, 1982. He stated that this would standardize how these rights are considered in federal legislation and eliminate the need for individual non-derogation clauses in each bill. Senator Watt also noted that a minor correction would be needed for the French version of the bill in committee.

During the Senate sitting on April 4, 2012, the second reading debate for Bill S-207, an Act to amend the Interpretation Act concerning non-derogation of Aboriginal and treaty rights, was continued. Senator Jean-Guy Dagenais spoke, expressing concerns about the bill's approach. He argued that while protecting Aboriginal and treaty rights is important, adding a standardized non-derogation clause to the Interpretation Act might not be the most effective way to ensure legislation respects these rights. He suggested that a more flexible approach, examining specific concerns at the preliminary stage of legislation, would be better than a blanket clause that might create a false sense of resolution. Other Senators, Serge Joyal and Lillian Eva Dyck, raised questions regarding the interpretation of Section 35 of the Constitution Act, 1982, and its relationship with the Charter of Rights and Freedoms, and the concept of balancing rights. The debate was adjourned.

This document is a record of Senate debates on April 4, 2012. It includes discussions on various topics such as International Day of Mine Awareness, Tartan Day, Parkinson's Awareness Month, and congratulations to athletes and citizens. A significant portion of the debate focuses on Bill S-207, an Act to amend the Interpretation Act regarding Aboriginal and treaty rights. Senator Jean-Guy Dagenais spoke against standardizing the inclusion of non-derogation clauses in the Interpretation Act, arguing that constitutional protections already exist and that a case-by-case approach is more appropriate for balancing Aboriginal and non-Aboriginal rights. He also questioned whether Section 1 of the Charter applies to Section 35 of the Constitution. Other senators, Serge Joyal and Lillian Eva Dyck, raised questions regarding Senator Dagenais's interpretation of constitutional law and the concept of balancing rights. The debate on Bill S-207 was adjourned.

This document is a record of a Senate sitting on May 2, 2012. It includes various Senate business such as tabling committee reports, announcing upcoming motions, and questioning government ministers on a range of topics including the Canada Periodical Fund, the Veterans Independence Program, the financial system, and Parks Canada. A significant portion of the debate focuses on Bill S-207, An Act to amend the Interpretation Act (non-derogation of aboriginal and treaty rights), with Senator Joan Fraser speaking in support of the bill at second reading. Other discussions include the 30th anniversary of the Charter of Rights and Freedoms and the F-35 aircraft purchase. The sitting adjourned without Bill S-207 being passed.

On June 7, 2012, the Senate debated Bill S-207, an Act to amend the Interpretation Act concerning the non-derogation of Aboriginal and treaty rights. Senator Dennis Glen Patterson spoke in favour of the bill, highlighting the constitutional protection of Aboriginal and treaty rights and the need for clarity on their definition and limits. He referenced previous attempts to define these rights and noted that courts have established reasonable limits, similar to freedom of speech. Senator Patterson discussed Bill S-8 (Safe Drinking Water for First Nations Act) as an example where Aboriginal rights might be limited for public safety, calling it a "derogation clause". He also mentioned the practice of including "non-derogation clauses" in various statutes to preserve Aboriginal rights. Senator Nick G. Sibbeston also spoke, detailing the history of non-derogation clauses and expressing concern that changes in wording by the Justice Department might weaken these protections. He supported Bill S-207 as a means to address this issue by amending the Interpretation Act, making the inclusion of such clauses a default position. The Senate agreed to the motion for the second reading of Bill S-207, and the bill was referred to the Standing Senate Committee on Legal and Constitutional Affairs. The sitting also included other proceedings such as tabling of reports, first readings of bills, and debates on other matters.

On February 28, 2013, the Senate considered various matters. The Standing Senate Committee on Legal and Constitutional Affairs presented its twenty-first report on Bill S-207, An Act to amend the Interpretation Act (non-derogation of aboriginal and treaty rights). The committee reported the bill with one amendment to the French version of the text. The report was placed on the Orders of the Day for consideration at the next sitting. Other business included the presentation of reports from several other Senate committees, questions during Question Period, and debates on various bills and inquiries.

On April 18, 2013, the Senate met. During this sitting, the Senate considered and adopted an amendment to Bill S-207, an Act to amend the Interpretation Act. This amendment corrected an error in the French version of the bill to ensure it had the intended meaning. Following the adoption of the report with the amendment, the bill was scheduled for third reading at a later date. The Senate also addressed other matters, including tabling reports, debating other bills, and discussing various issues.