Debates of March 14th, 2001

Privilege

[Garry Breitkreuz, Canadian Alliance, Yorkton—Melville, SK]

Mr. Speaker, the process involved in tabling this omnibus bill on justice strikes at the very heart of democracy in parliament, and the process that we have just seen is the very heart of the problem.

A notice went out stating that there was going to be a briefing session at 11.45 a.m. today, and it was to be held on the omnibus bill that was to be tabled by the justice minister. We know that the government has made it a practice to leak information but this is a blatant contempt of parliament, Mr. Speaker. The notice went out, and it did not say media only. There was not even any mention of them.

The problem I have is that my staff member went to this briefing expecting to be told what was in the bill. No briefing was given to us or even scheduled before the bill was tabled. My executive assistant went to the briefing but he was not allowed in. However, a Liberal staff member was seen to enter. A little while later a reporter asked me questions about the bill, so it was not a lockup.

I am really shocked and dismayed by the contempt that the Minister of Justice holds for us as members of parliament. I cannot do my job as an MP if the government withholds information from us and it is obvious that this is a deliberate attempt to withhold information from us. The Liberals are deliberately undermining the opposition's ability to do its job of holding them accountable. We know why the Liberals do this. They want the media to give a favourable report on what they do. They want to avoid criticism.

In regard to this lack of process that is directed at the opposition, I take this personally, Mr. Speaker, because contrary to what the House leader said, that these were just a couple of bills from last year, rumour has it that there were substantial amendments to the Firearms Act. The government wants to draw attention away from that disaster.

The justice minister should be held in contempt of parliament. That is my main point. Democracy cannot operate if there is not a free flow of information, and this issue strikes at the very heart of the way Canadians want this country to be governed.

Canadians want us to hold the government accountable. I have had to submit over 70 access to information requests to this point already to find out what has been going on in the justice department and in the administration of that particular piece of legislation known as Bill C-68.

A key part of our role is to respond to legislation in the media in a timely fashion, to use the minister's own words. A point of privilege was dismissed earlier this week because it was ruled that the government made announcements outside of parliament on major issues. However, we could at least attend those. Here we were restricted. We were not allowed to go.

Now the government has done something designed to deliberately undermine our ability to effectively criticize legislation. It was deliberate, so that we were not able to respond in a timely fashion, and the news reports have already gone out on this.

It is no secret that the firearms legislation is a disaster. This omnibus bill contains amendments to—

[The Speaker]

Order, please. The hon. member has tried to be helpful and, I am sure, some of his comments have been very helpful to the chair, but getting mixed up with the firearms legislation and the value of that and so on is not really very helpful.

If he has another point to make in respect of this question of privilege, I will hear him, but I would prefer to bring this to a conclusion. I think I have the point, and I am not hearing new facts. The member gave me a few new ones earlier on in his remarks which I found very helpful. If he has more of them I would like to hear them, but I do not need to hear about other bills.

[Garry Breitkreuz, Canadian Alliance, Yorkton—Melville, SK]

Mr. Speaker, my main point is that it strikes at the very heart of democracy: the operation of parliament. This was not a secret, as it was supposed to be until it was introduced into parliament. The media was briefed, but we were not. This is a prima facie question of privilege.

The Liberal House leader made a couple of points. I would like to counter them. If this is simply about bills that were introduced previously, why did the media even need a briefing on this? This is the House leader's own argument, really, so he is not being upfront. It was not embargoed, because we were already being asked before the bill was introduced to comment on the bill. It was not embargoed and all the arguments I heard from that side are not true.

I appeal to you, Mr. Speaker. Canadians are so disillusioned with the process in this place and with democracy that if we do not do something to fix it right now, the perception will be that we are totally irrelevant and we might as well just shut this place down.

[Chuck Strahl, Canadian Alliance, Fraser Valley, BC]

Mr. Speaker, I will be brief. I just want to again point out to you the House leader's argument, which is that because parts of this bill were introduced in the last parliament, this parliament does not need to have the same kind of briefing.

However, members of our caucus were approached by the media as they came into the House of Commons and were asked to comment on that bill. These are new members of parliament who never had the honour of serving in the last parliament. How on earth could the government House leader use that argument?

Mr. Speaker, I just want to bring your attention to page 86 of Marleau and Montpetit. Speaker Fraser ruled at an earlier time that:

The privileges of a Member are violated by any action which might impede him or her in the fulfilment of his or her duties and functions.

The privileges of a member are violated when any action impedes his or her ability to do the job. On the next page, page 87, Speaker Jerome actually ruled that there is also a prima facie contempt of the House that exists when a government official, one that deliberately misleads a minister, has “impeded a Member in the performance of his duties and consequently obstructed the House itself”.

In other words it does not matter, I would argue, whether it was the officials giving the briefing who somehow fouled up something so that a briefing was given when it was not given to other members. It does not matter whether it was the minister who fouled up and whether it was deliberate or not.

What happened is that actions were taken today which impeded members of parliament from doing their jobs and by so doing, Mr. Speaker, I feel you must find that this is a prima facie case of contempt. I urge you to ask the member to put the appropriate motion, which is to move this into committee where a full investigation can be made and it can come back to the House with the appropriate recommendations.

[The Speaker]

I thank the hon. member for Provencher for raising this question of privilege. I also thank all the other hon. members who took part in the discussion this afternoon—namely the hon. House leader of the official opposition, the hon. member for Berthier-Montcalm, the hon. member for Winnipeg—Transcona, the hon. member for Pictou—Antigonish—Guysborough, the hon. government House leader and the hon. member for Yorkton—Melville. I greatly appreciate your comments.

The Chair will take the matter under advisement and will get back to the House. If hon. members have any documents relating to this briefing that might be helpful to the Chair, I would appreciate receiving copies through the Clerk in order that I may look at them in respect of the matter. I assure the House that I will come back to the House in due course with a ruling on this point.

Canada Endangered Species Protection Act

[Charles Caccia, Liberal, Davenport, ON]

moved for leave to introduce Bill C-295, an act respecting the protection of wildlife species in Canada from extirpation or extinction.

Mr. Speaker, in briefly introducing the bill I will say that it is intended as such to protect wildlife species in Canada from extirpation and extinction.

Nine years ago in Rio, Canada signed the international convention on biological diversity. The bill reflects Canada's commitment and takes into account reports that in Canada 364 species are at risk of extinction and that habitat loss is the number one cause.

If the bill becomes law it would make the scientific list of species at risk the legal list. It would make it an offence to harm, disturb or kill endangered species or their habitat. It would ensure that provinces implement equivalent legislation through the bill, thus providing mandatory habitat protection to all endangered species in Canada.

The bill is intended to serve as a benchmark for Bill C-5, the legislation introduced recently by the government.

(Motions deemed adopted, bill read the first time and printed)

Income Tax Act

[Jason Kenney, Canadian Alliance, Calgary Southeast, AB]

moved for leave to introduce Bill C-296, an act to amend the Income Tax Act (allowances paid to elected officials).

Mr. Speaker, this private member's bill seeks to enforce into law recommendations made by the independent commission on compensation for parliamentarians, which conducted its business three years ago. I note that a similar commission is now engaged in a similar review.

The bill would eliminate from the Income Tax Act those provisions that exempt from taxation allowances paid to elected officials, and not just members of parliament but all elected officials, for expenses incidental to the discharge of their duties. This would end the very disturbing practice of parliamentarians exempting themselves from the same tax laws they impose on all other Canadians.

(Motions deemed adopted, bill read the first time and printed)

Observance Of Two Minutes Of Silence On Remembrance Day Act

[Jason Kenney, Canadian Alliance, Calgary Southeast, AB]

moved for leave to introduce Bill C-297, an act to promote the observance of two minutes of silence on Remembrance Day.

Mr. Speaker, this bill is identical to one I introduced which was debated in the previous parliament. It is based on a similar statute adopted by the parliament of Ontario and the Westminster parliament.

It would formally recognize and invite Canadians to observe two minutes of silence on Remembrance Day. It is the fruit of recommendations from the Royal Canadian Legion and other veteran organizations.

I look forward at some point in this parliament to presenting over 50,000 petition signatures in support of the bill.

(Motions deemed adopted, bill read the first time and printed)

Income Tax Act

[Jason Kenney, Canadian Alliance, Calgary Southeast, AB]

moved for leave to introduce Bill C-298, an act to amend the Income Tax Act (exemption from taxation of 50% of U.S. social security payments to Canadian residents).

Mr. Speaker, my third and final private member's bill today would re-establish the status quo ante with respect to the taxation of social security payments made to Canadian residents from the United States government.

The Liberal government had renegotiated the tax treaty with the United States in such a way as to prejudice financially seniors resident in Canada who receive social security payments.

The bill would correct that egregious mistake, which has cost many low income and fixed income seniors very dearly in financial terms, by restoring the original inclusion rate of 50% for social security payments to Canadians.

(Motions deemed adopted, bill read the first time and printed)

Parliamentarians' Code Of Conduct

[Alexa McDonough, NDP, Halifax, NS]

moved for leave to introduce Bill C-299, entitled Parliamentarians' Code of Conduct.

Mr. Speaker, I welcome the opportunity to say a few words about my private member's bill to establish a code of conduct for parliamentarians.

It provides for an ethics counsellor who would report directly to parliament and would do so annually. Such legislation exists in every province and territory in the country and in many other countries that have parliamentary systems similar to that of Canada.

It is clear that we need such conflict of interest legislation and such a code of conduct to prevent the further erosion of confidence in parliament as an institution and to restore confidence that parliamentarians will act not with conflict of interest but with the public interest at heart.

I know I do not have time to outline it in detail, but the attempt to get such a code of conduct into parliament has had a long history, including a committee which our current Speaker co-chaired.

In conclusion, my former colleague from Halifax West introduced a similar bill not once but twice in the previous session of parliament. If the government had seen fit to follow the lead of Gordon Earle in this matter, we might have been spared the unseemly spectacle of the swirl around the Shawinigan affair and the defamation matter that has surrounded the official opposition.

(Motions deemed adopted, bill read the first time and printed)

Committees Of The House

[Derek Lee, Liberal, Parliamentary Secretary to Leader of the Government in the House of Commons]

Mr. Speaker, if the House gives its consent, I move that the seventh report of the Standing Committee on Procedure and House Affairs, presented to the House earlier this day, be concurred in.

[The Speaker]

Does the parliamentary secretary have the unanimous consent of the House to move this motion?

[Some hon. members]

Agreed.

[The Speaker]

The House has heard the terms of the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[Some hon. members]

No.

[The Speaker]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Speaker]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Speaker]

In my opinion the yeas have it.

And more than five members having risen:

[The Speaker]

Call in the members.

And the bells having rung:

[The Speaker]

At the request of the chief government whip, the vote on the motion is deferred until the conclusion of government orders later this day.

Petitions

[Guy St-Julien, Liberal, Abitibi—Baie-James—Nunavik, QC]

Mr. Speaker, pursuant to Standing Order 36, I have the honour to present to the House a petition signed by residents of the city of Val-d'Or and the Vallée-de-l'Or RCM regarding the Sigma-Lamaque and Beaufor mines.

The petitioners call upon parliament to set up a financial assistance program for thin capitalization mines in Canada's resource regions.

[Jason Kenney, Canadian Alliance, Calgary Southeast, AB]

Mr. Speaker, I present a petition which calls for the elimination of inequities in the tax code against single income families with children. The petition is signed by some 70 residents of the province of British Columbia.