- Get e-mail whenever he speaks in House debates
- Subscribe to feeds of recent activity (what you see to the right) or statements in the House
- His favourite word is chair.
Conservative MP for Regina—Qu'Appelle (Saskatchewan)
Won his last election, in 2011, with 53.50% of the vote.
Statements in the House
Protecting Canadians from Online Crime Act September 22nd, 2014
Before providing my decision on the selection of report stage motions for Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, I would like to address the concerns raised and the supplementary information provided earlier today by the hon. member for Esquimalt—Juan de Fuca, concerning report stage Motion No. 3, standing in his name on the notice paper.
I would like to thank the honourable member for having raised this matter.
As mentioned by the member for Esquimalt—Juan de Fuca, he also did write to me to urge that I select his report stage motion on the basis of exceptional significance.
I wish to reassure the hon. member that I have carefully reviewed all the relevant contextual and substantive circumstances surrounding the matter. While each case is different, and occasionally there are exceptional circumstances that merit the selection of certain report stage motions, ultimately I must be guided by the procedural practice relating to the selection of report stage motions.
House of Commons Procedure and Practice sets the following general principle with respect to the selection of report stage motions. At page 783 it states:
As a general principle, the Speaker seeks to forestall debate on the floor of the House which is simply a repetition of the debate in committee…the Speaker will normally only select motions in amendment that could not have been presented in committee.
More guidance as to the selection of report stage motions can be found in Standing Orders 76(5) and 76.1(5). The note accompanying those standing orders states, in part:
A motion previously defeated in committee, will only be selected if the Speaker judges it to be of such exceptional significance as to warrant a further consideration at report stage.
As evidenced by his first having written a detailed letter, and now having raised the matter again in the form of a point of order, the member for Esquimalt—Juan de Fuca clearly feels that the circumstances surrounding the committee's consideration of his amendment are exceptional, and on that basis, the House as a whole should decide whether Bill C-13 should be amended in the fashion he is proposing. While I understand his argument, I would remind him that the Chair cannot make decisions on selection based on the likely outcome of the vote.
As I stated in the decision on December 12, 2012, page 13224 in the Debates, in relation to a point of order raised by the government House leader:
The Chair is and will continue to be guided by procedural imperatives in all of its decisions, not by somehow substituting the Speaker's prediction of the likely outcome of a vote expressed by the House itself.
His belief that the outcome might be different in the House from what it was in committee, or that a certain foreknowledge exists as to the will of the House on a given question, is not sufficient grounds for the Chair to determine that exceptional circumstances exist that would warrant the selection of this particular amendment.
Furthermore, I would note that Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity) at present stands referred to a Senate committee. The Criminal Code has not yet been amended in the manner that Bill C-279 proposes. Presumably, as both Bill C-279 and Bill C-13 advance through the legislative process, Parliament will, in due course, choose which approach it prefers.
With respect to the existing practice relating to report stage, I would remind members that since 2001, report stage has undergone a significant evolution so as not to repeat debate that already occurred in committee. As such, the Speaker is empowered to decline to put report stage motions that would be tantamount to a repetition of the work that was already done in committee.
Were I to select Motion No. 3 on the basis of the arguments put forward by the member, I fear it could lead exactly to a situation that our report stage practice was designed to avoid, namely a repetition of the debate that occurred in committee on this matter. Therefore, I must inform the member that Motion No. 3 will not be selected for consideration at report stage.
There are nine motions in amendment standing on the notice paper for the report stage of Bill C-13.
Motion No. 3, as indicated previously, as well as Motion No. 6 will not be selected as they are identical to amendments defeated in committee.
I shall now propose Motions Nos. 1, 2, 4, 5 and 7 to 9 to the House.
Bill C-479, An Act to Bring Fairness for the Victims of Violent Offenders September 15th, 2014
I wish to inform the House of an administrative error that occurred with regard to Bill C-479, An Act to amend the Corrections and Conditional Release Act (fairness for victims).
Members may recall that the Standing Committee on Public Safety and National Security made a series of amendments to the bill, which were presented to the House in the committee's second report on March 5, 2014. The committee also ordered that the bill, as amended, be reprinted for the use of the House at report stage.
On May 7, 2014, the House concurred in the bill as amended at report stage with a further amendment, and later adopted the bill at third reading.
As is the usual practice following passage at third reading, House officials prepared a parchment version of the bill and transmitted this parchment to the Senate. Due to an administrative error, the version of the bill that was transmitted to the other place did not reflect the amendment adopted by the House at report stage, but was instead a reflection of the bill as it had been reported back from committee. Unfortunately, this error was not detected until after both houses had adjourned for the summer.
I wish to reassure the House that this error was strictly administrative in nature and occurred after third reading was given to Bill C-479. The proceedings which took place in this House and the decisions made by the House with respect to Bill C-479 remain entirely valid. The records of the House relating to this bill are clear and complete.
However, the documents relating to Bill C-479 that were sent to the other place were not an accurate reflection of the House’s decisions.
My predecessor, Speaker Milliken, addressed a similar situation in a ruling given on November 22, 2001, and found on page 7455 of Debates. Guided by this precedent, similar steps have been undertaken in this case. First, once this discrepancy was detected, House officials immediately communicated with their counterparts in the Senate to set about resolving it. Next, I have instructed the Acting Clerk and his officials to take the necessary steps to rectify this error and to ensure that the other place has a corrected copy of Bill C-479 which reflects the proceedings which occurred in this House. Thus, a revised version of the bill will be transmitted to the other place through the usual administrative procedures of Parliament. Finally, I have asked that the “as passed at third reading” version of the bill be reprinted.
The Senate will of course make its own determination as to how it proceeds with Bill C-479 in light of this situation.
I wish to reassure members that steps have been taken to ensure that similar errors, rare though they may be, do not reoccur.
I thank hon. members for their attention.
It being 11:05, the House will now proceed to the consideration of private members' business as listed on today's order paper.
Points of Order June 12th, 2014
I am now prepared to rule on the point of order raised on May 16, 2014, by the House Leader of the Official Opposition regarding the use of Standing Order 56.1.
In raising his point of order, the House Leader of the Official Opposition argued that the motion adopted by the House pursuant to Standing Order 56.1 on March 27, 2014, should have been deemed inadmissible as it directed the affairs of a standing committee.
In particular, he suggested that Standing Order 56.1 is not intended to be used as a way for the House to instruct committees to conduct certain studies or to hear particular witnesses, but, rather, as a way to expedite routine business or to grant powers to committees that they do not already possess. In his view, instructing a committee to undertake a study cannot be construed as simply establishing a committee power, nor can it be considered simply a routine matter.
Noting the potential difficulties of the current requirements of the Standing Order for smaller parties, as well as its use for matters with regard to which it was never intended, the House Leader of the Official Opposition asked the Chair for clarification on the limits of Standing Order 56.1 in general and, in particular, whether the motion in question was admissible.
The Leader of the Government in the House of Commons agreed that Standing Order 56.1 was not meant to be used to reach into the conduct of committees to direct them but, instead, was meant to provide committees, in a routine manner, with powers that they do not already have. In addition, he explained that, although committees generally have the power to send for persons, they are not empowered to compel the attendance of members of Parliament. Thus, he argued that the motion in question sought only to empower the committee, or at least remove any doubts about their power to study that matter and to compel the attendance of the Leader of the Opposition. Furthermore, since the motion was not related to the passage of a bill, he claimed that it did not violate the restriction against using Standing Order 56.1 on substantive matters, as enunciated by Speaker Milliken's ruling of September 18, 2001.
The Leader of the Government in the House of Commons disagreed with the House Leader of the Official Opposition asking the Speaker to provide direction for the future, viewing this as an inappropriate practice and role for the Speaker. He also questioned the timing of the point of order, stating that it should have been raised early enough to allow for the Speaker’s decision to be of some consequence.
Before I continue, I would like to read, for the benefit of the House, the motion at issue in this case:
That the Standing Committee on Procedure and House Affairs be instructed to consider the matter of accusations of the Official Opposition's improper use of House of Commons resources for partisan purposes; and
that the Leader of the Opposition be ordered to appear as a witness at a televised meeting of the Committee to be held no later than May 16, 2014.
Since its adoption by the House in April, 1991, Standing Order 56.1 has been used as a legitimate procedure to allow the House to deal with what the Standing Orders call “routine motions”.
According to Standing Order 56.1(b), a routine motion:
—shall be understood to mean any motion, made upon Routine Proceedings, which may be required for the observance of the proprieties of the House, the maintenance of its authority, the management of its business, the arrangement of its proceedings, the establishing of the powers of its committees, the correctness of its records or the fixing of its sitting days or the times of its meeting or adjournment.
At issue then is whether the motion in question was an admissible motion, pursuant to Standing Order 56.1. While the wording of the Standing Order has not changed over time, at times its interpretation and use have. Consequently, its attempted use for various ends has, in turn, resulted in some procedural challenges. As a result, a body of practice and rulings has emerged, leading to a better understanding of the appropriate use of this Standing Order. As an example, it is now accepted that Standing Order 56.1 can be used to authorize committee travel.
At the same time, however, the understanding of what constitutes a routine motion has been allowed to expand over the years, a development that has caused concern to successive Speakers. Speaker Milliken characterized it as a “disturbing trend” as early as 2001.
House of Commons Procedure and Practice makes reference to this trend when, on page 671, it provides a list of examples of motions which had been allowed to proceed, but states that, “[Not] all of these uses were consistent with the wording or the spirit of the rule...”.
The motion in question in this case deals specifically with committees and, in that respect, while the Standing Order does allow motions for the “establishment of the powers of its committees”, the question before me is whether the motion adopted falls squarely within those parameters or whether it strayed beyond them to direct the Standing Committee on Procedure and House Affairs.
Deputy Speaker Blaikie stated on June 5, 2007, at page 10124 of Debates:
A key element...is the fundamental precept that standing committees are masters of their own procedure. Indeed, so entrenched is that precept that only in a select few Standing Orders does the House make provision for intervening directly into the conduct of standing committee affairs.
A careful reading of the motion is telling: the committee was “instructed” to consider a matter and the leader of the official opposition was “ordered” to appear. In fact, it leads the Chair to the conclusion that the motion was an attempt to direct the internal affairs of the committee, thus stepping beyond what the House has come to accept as being within the confines of Standing Order 56.1. The government House leader argued that the motion granted the Standing Committee on Procedure and House Affairs a power it did not have, namely the power to order a member to appear before the committee. But the motion went beyond simply granting the committee that power; it made the order for the committee. In the Chair's view this would have been more appropriately done by way of a substantive motion.
The House does have the power to give instructions to committees but it is how this is achieved that is important. The Chair does not believe the House ever intended that this be done by way of Standing Order 56.1. This was noted by Speaker Milliken, who stated, on September 18, 2001, at page 5258 of Debates:
The standing order has never been used as a substitute for decisions which the House ought itself to make on substantive matters.
The government House leader may have been correct in noting that substantive motions were used in the passage of legislation but one cannot draw the conclusion from that, that, therefore, motions not related to legislation are routine. There are in fact other types of substantive motions that are not bound to legislation.
At page 530 of O'Brien and Bosc, it states:
Substantive motions are independent proposals which are complete in themselves, and are neither incidental to nor dependent upon any proceeding already before the House. As self-contained items of business for consideration and decision, each is used to elicit an opinion or action of the House. They are amendable and must be phrased in such a way as to enable the House to express agreement or disagreement with what is proposed. Such motions normally require written notice before they can be moved in the House. They include, for example, private Members' motions, opposition motions on supply days and government motions.
The government House leader also attempted to draw a comparison with the November 8, 2012, precedent when the Standing Committee on Justice and Human Rights was “mandated...under Standing Order 56.1, to conduct the study required by section 533.1 of the Criminal Code”. However, it was not so much that the committee was instructed to conduct a study but, rather, that due to a mandatory statutory review of an act, the committee needed an order of reference from the House to proceed. As the opposition House leader suggested, it was a routine motion.
Thus, for the reasons stated, I would have been inclined to rule the motion out of order had this matter been raised within a reasonable delay. To be clear, the Chair did not readily deem the motion to be procedurally admissible, as the opposition House leader suggested. Instead, in the absence of any objection at the time that the motion was moved, the matter went forward and the motion was adopted.
The operation of Standing Order 56.1 has long been difficult for successive Speakers. This is in part because of the legitimate expectation that a motion moved pursuant to that Standing Order will be put to the House for decision without undue delay. This obligation is further complicated in instances where the Chair has had no advance notice that such motion is to be moved, as was the case in this particular instance, so I am sure all members will understand the quandary in which the Chair is left.
As the history of the use of motions under Standing Order 56.1 demonstrates, past speakers have all struggled with this dilemma and have almost invariably allowed even motions about which they had reservations to go forward, having had no time to properly assess their content and formulation. This is done in the expectation that alert members of the opposition will, if they deem it appropriate, rise to object. In this case, no one raised objections, the motion was put to the House and it was adopted.
The fact that the House leader of the official opposition waited so long to raise this point of order resulted in the terms of the motion having already been carried out. This is reminiscent of the situation faced by Speaker Milliken in 2001 when the government resorted to Standing Order 56.1 in a bid to dispose of numerous items of business—in this case some bills and certain supply proceedings—over the course of two sitting days. In that case, Speaker Milliken explained that he allowed the motion to proceed “because there were no objections raised at the time it was moved”. As he stated on September 18, 2001, at page 5258 of Debates:
However, to speak frankly, had the objection been raised in good time, I would have been inclined to rule the motion out of order. This situation serves again to remind members of the importance of raising matters of a procedural nature in a timely fashion.
The continuing trend away from the original intent of the Standing Order toward the moving of motions that are less readily identifiable or defined as routine is a concern that I share with my predecessors and one which continues to underscore the need for the Standing Committee on Procedure and House Affairs to review and define the spirit and limitations of Standing Order 56.1. There is no doubt that this would be helpful to the Chair.
Finally, the House Leader of the Official Opposition raised the issue of the fairness for smaller parties of a Standing Order that requires a minimum of 25 members to stand in order for it to be withdrawn. It is not for the Speaker to judge whether it is appropriate or not. As is the case with other rules adopted by the House, such as the threshold of five members to request a recorded vote, the Speaker’s role is to enforce it, not question it. As Speaker, I can only suggest that the member raise the matter with the Standing Committee on Procedure and House Affairs, which is designated to review the rules of the House.
I thank hon. members for their attention.
Points of Order June 12th, 2014
I am now prepared to rule on the point of order raised on May 30, 2014, by the House leader of the official opposition regarding the validity of a notice of time allocation with respect to Bill C-17, an act to amend the Food and Drugs Act.
I would like to thank the House Leader of the Official Opposition for having raised the question, as well as the Leader of the Government in the House of Commons and the member for Oxford for their contributions.
The House leader of the official opposition argued that the consultation required pursuant to Standing Order 78(3), had never taken place and therefore, the Chair should rescind the notice for time allocation for Bill C-17. Furthermore, it was his contention that there was no need for the government to resort to time allocation at all since the bill had been on the order paper for six months yet had received virtually no debate to date.
The Leader of the Government in the House of Commons confirmed that, although the contents of confidential House leaders’ meetings could not be revealed, agreements had been proposed to the House Leader of the Official Opposition and his staff. Notice of time allocation was then given only once it was evident that no agreement could be reached.
Through this point of order, the Chair is being asked to stand in judgment of two things, the first being whether or not there were consultations such that the conditions of Standing Order 78(3) were satisfied. The second is whether the time that the House had debated Bill C-17 was sufficient enough to warrant the use of time allocation.
House of Commons Procedure and Practice, second edition, on pages 669 to 670, states that:
The Speaker has stated that the wording of the rule does not define the nature of the consultations which are to be held by the Minister and representatives of the other parties, and has further ruled that the Chair has no authority to determine whether or not consultation took place nor what constitutes consultation among the representatives of the parties.
As recently as March 6, 2014, the Deputy Speaker addressed this very issue when, on page 3598 of Debates, he reminded the House that:
The nature of the consultation, the quality of the consultation, and the quantity of the consultation is not something that the Chair will involve himself in. That has been the tradition of this House for many years. What the Chair would have to do, in effect, is conduct an extensive investigative inquiry into the nature of the consultation. That is not our role, nor do the rules require it.
Therefore, it remains a steadfast practice that it is not the role of the Speaker to determine whether consultations have taken place or not.
With respect to the amount of debate a bill must receive before notice of a time allocation motion can be given, the Chair is being asked to render a decision on a matter over which there are no explicit procedural rules or practices, and thus, over which it has no authority. Rather, it is the House that retains that authority and therefore must continue to make that determination as to when and if a bill has received adequate consideration.
Accordingly, notice of time allocation for Bill C-17 was valid when it was given. I thank all members for their attention.
Canada's Olympic and Paralympic Athletes June 4th, 2014
It is my pleasure today to welcome to the House of Commons athletes and coaches from Canada's Olympic and Paralympic teams who participated in the 2014 Olympic Winter Games in Sochi.
I know I speak on behalf of all members in the House, and indeed all Canadians, when I say how extremely proud we are of each and every one of you. Your successes in Sochi captivated our country and demonstrated the very best of what it means to be Canadian.
Not only did both our Olympic and Paralympic teams finish third in the overall medal standings, but they also competed with honour and truly exemplified the Olympic spirit.
Today, as we pay tribute to Canada's Olympians and Paralympians, let us also take a moment to commend the dedication of all those who have helped these athletes pursue their dreams.
I am thinking about the trainers, the support personnel, the sponsors, organizations such as the Canadian Olympic and Paralympic committees and, of course, the athletes' families.
On behalf of all members of Parliament, I offer our most heartfelt congratulations to the members of Canada's Olympic and Paralympic teams. Your hard work, sacrifice and determination are truly an inspiration to all Canadians. Thank you so much for all you have done for your country.
I understand there is agreement among all parties and members of the House to have the names of the Olympic and Paralympic athletes printed in the Debates of the House of Commons.
Canada’s 2014 Olympic and Paralympic athletes:
Erin Mielzynski, Manuel Osborne-Paradis, Brittany Phelan, Brad Spence, Elli Terwiel, Megan Imrie, Zina Kocher, Jean-Philippe LeGuellec, Scott Perras, Nathan Smith, Jenny Ciochetti, Benjamin Coakwell, Justin Kripps, Jesse Lumsden, James McNaughton, Timothy Randall, Cody Sorensen, Christopher Spring, Jesse Cockney, Dasha Gaiazova, Perianne Jones, Devon Kershaw, Emily Nishikawa, Lenny Valjas, Heidi Widmer, Caleb Flaxey, Patrick Chan, Gabrielle Daleman, Mitchell Islam, Paige Lawrence, Scott Moir, Dylan Moscovitch, Kaetlyn Osmond, Alexandra Paul, Andrew Poje, Eric Radford, Kevin Reynolds, Rudi Swiegers, Tessa Virtue, Kaitlyn Weaver, Justin Dorey, Maxime Dufour-Lapointe, Justine Dufour-Lapointe, Chloé Dufour-Lapointe, Marc-Antoine Gagnon, Travis Gerrits, Rosalind Groenewoud, Keltie Hansen, Dara Howell, Mikael Kingsbury, Kim Lamarre, Philippe Marquis, Mike Riddle, Audrey Robichaud, Yuki Tsubota, Brady Leman, Kelsey Serwa, Marielle Thompson, Melodie Daoust, Haley Irwin, Rebecca Johnston, Charline Labonté, Geneviève Lacasse, Jocelyne Larocque, Caroline Ouellette, Marie-Philip Poulin, Lauriane Rougeau, Natalie Spooner, Shannon Szabados, Marc-Édouard Vlasic, Jennifer Wakefield, Catherine Ward, Sam Edney, John Fennell, Alex Gough, Arianne Jones, Mitch Malyk, Kim McRae, Justin Snith, Tristan Walker, John Fairbairn, Eric Neilson, Sarah Reid,
Taylor Henrich, Trevor Morrice, Matthew Rowley, Caroline Calvé, Alexandra Duckworth, Rob Fagan, Kevin Hill, Jake Holden, Ariane Lavigne, Derek Livingston, Dominique Maltais, Mercedes Nicoll, Maelle Ricker, Chris Robanske Ivanie Blondin, Anastasia Bucsis, Kali Christ, Vincent de Haitre, Jamie Gregg, Marsha Hudey, Gilmore Junio, Lucas Makowsky, Denny Morrison, Danielle Wotherspoon, Michael Gilday, Charles Hamelin, François Hamelin, Olivier Jean, Valérie Maltais, Marianne St-Gelais, Caleb Brousseau, Joshua Dueck, Robin Femy, Kimberly Joines, Erin Latimer, Mac Marcoux, Kurt Oatway, Kirk Schornstein, Alexandra Starker, Chris Williamson, Mark Arendz, Caroline Bisson, Colette Bourgonje, Sven Erik Carleton, Sébastien Fortier, Louis Fortin, Margarita Gorbounova, Brittany Hudak, Chris Klebl, Robbi Weldon, John Leslie, Tyler Mosher, Michelle Salt, Bradley Bowden, Adam Dixon, Dominic Larocque, Karl Ludwig, Tyler McGregor, Sonja Gaudet, Mark Ideson, Dennis Thiessen
Points of Order May 12th, 2014
Before we move on to questions and comments, if there is time, I am now prepared to rule on the point of order raised earlier today by the hon. House leader of the official opposition regarding the voting pattern for motions in amendment for Bill C-23, an act to amend the Canada Elections Act and other acts.
I would like to thank the hon. opposition House leader for raising this matter, as well the government leader in the House for his comments.
The hon. opposition House leader objected to the way in which the Chair proposes to apply the results of votes taken on motions to delete clauses. The hon. member pointed out that members of his party had proposed 110 such motions in relation to this bill and that other members had also submitted some of the same motions, as well as others. He argued that each motion constituted a distinct question and that members should have the fundamental right to pronounce themselves on each question separately. By applying the result of a vote on one motion to a large number of other motions, he feared that the Chair would force members to vote against clauses they in fact support or vote in favour of clauses they oppose.
In response, the government House leader said that the grouping of votes is in keeping with the recent precedent and that it is not unusual for the results of the vote to be applied in this manner.
The Chair takes seriously its responsibility to select and group motions for debate at report stage. It is often challenging to arrive at a grouping and a voting pattern that all members will find satisfactory, and this is particularly true in cases where there are a large number of motions proposed.
House of Commons Procedure and Practice, second edition, at page 307, states that it is the duty of the Speaker:
...to ensure that public business is transacted efficiently and that the interests of all parts of the House are advocated and protected against the use of arbitrary authority. It is in this spirit that the Speaker, as the chief servant of the House, applies the rules. The Speaker is the servant, neither of any part of the House nor of any majority in the House, but of the entire institution and serves the best interests of the House...
The hon. House Leader of the Official Opposition is asking that each motion be voted on separately. A similar argument was made by his predecessor in 2012 with respect to Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures. In the decision of November 29, 2012, found on page 12,611 of the Debates, I reminded the House that:
This would diverge from our practice where, for voting purposes where appropriate, a long series of motions to delete are grouped for a vote. Since the effect of deleting a clause at report stage is, for all practical purposes, the same as negativing a clause in committee, to change our practice to a one deletion, one vote approach could be seen as a repetition of the clause by clause consideration of the bill in committee, something which the House is specifically enjoined against in the notes to Standing Orders 76(5) and 76.1(5) which state that the report stage is not meant to be a reconsideration of the committee stage.
The Chair acknowledges that each clause in a bill represents a unique question. That said, it is also clear that our rules and practices foresee circumstances in which the Speaker combines several different questions in a single group for debate and where the vote on one question is applied to others. This is done so that the time of the House is used efficiently and so that the House does not repeat at report stage the work done by the committee that considered the bill.
In the case before us, the Chair has grouped all of the motions to delete proposed by a party or by a member into a single vote. I believe this is in keeping with recent precedents where there are large numbers of motions at report stage.
In fact, to do as the opposition House leader has suggested would be a marked departure from our practices, would be contrary to the very clear direction included in the notes to Standing Orders 76(5) and 76.1(5), and is not something the Chair is prepared to entertain since, as all members know, we are not here to repeat committee stage.
Absent any other direction from the House, I intend to follow those precedents and to maintain the voting pattern I proposed to the House when I rendered my decision last week. I thank the hon. member for having raised this important matter.
Points of Order May 12th, 2014
I am now prepared to rule on the point of order raised on April 28, 2014, by the member for Westmount—Ville-Marie regarding the procedural acceptability of Bill C-31, an act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures.
I thank the member for Westmount—Ville-Marie for having raised the question, as well as the Leader of the Government in the House of Commons and the House leader for the official opposition for their comments.
In raising the point of order, the member for Westmount—Ville-Marie contended that Bill C-31 is not properly before the House nor the Standing Committee on Finance since, prior to its introduction in the House, the government failed to table a copy of a treaty included in the bill, namely:
The Agreement between the Government of the United States of America and the Government of Canada to improve international tax compliance through enhanced exchange of information under the convention between the United States of America and Canada with respect to taxes on income and on capital.
In his view, the government’s routine tabling of treaties at least 21 days prior to introducing implementing legislation, pursuant to its Policy on Tabling of Treaties in Parliament, has evolved into a parliamentary custom and is therefore a prerequisite to debate.
While recognizing that the policy allows for exceptions, the member for Westmount—Ville-Marie argued that in this instance the government had violated its own policy, thereby infringing upon a custom of the House and creating what he described as a legislative defect.
The Leader of the Government in the House of Commons replied that the process governing the tabling of treaties is in fact a government policy and thus is not found in the rules or practices of the House, nor is it under the purview of the Speaker. He cited numerous Speakers' rulings in support of this position. In addition, he noted that the policy does provide for exceptions, and thus that what is being done in the case of Bill C-31 is in fact consistent with the provisions of the policy.
The Leader of the Government in the House of Commons added that since the treaty was being implemented through legislation, opportunity existed for the House to debate it and vote upon it before it is ratified.
In raising this matter, the member for Westmount—Ville-Marie made reference to what he considered to have been procedural irregularities. It is important to understand in this case what type of procedure, departmental or House, is being referenced. As well, the member asked the Chair for clarity on whether the use of this policy on treaties has become regular enough to deem it a parliamentary custom such that any deviation from it has a procedural impact. In other words, is this a matter of parliamentary procedure, one over which the Chair has any authority?
It is clear to me that the policy in question belongs to the government and not the House. It is equally clear that it is not within the Speaker's authority to adjudicate on government policies or processes, and this includes determining whether the government is in compliance with its own policies.
In a recent ruling, on February 7, 2013, I reminded the House of this at page 13869 of Debates:
It is beyond the purview of the Chair to intervene in departmental matters or to get involved in government processes, no matter how frustrating they may appear to be to the member.
The Chair has nevertheless reviewed the sequence of events described by the member for Westmount—Ville-Marie to ascertain whether there are procedural grounds, as opposed to departmental directives, to support the idea that treaties must be tabled in the House, let alone debated here.
Not surprisingly, the review revealed that many standing orders and statutes deal with the tabling of documents, and House of Commons Procedure and Practice, second edition, on pages 430 and 609 actually enumerates the types of documents that must be tabled in the House. These include certain returns, reports, and other papers that are required to be tabled by statute, by order of the House, or by standing order. Treaties are not mentioned. In fact, the rules and practices of the House are silent with regard to the tabling of treaties.
This leads the Chair to conclude that the manner in which the government has usually chosen to interpret its own policy on treaties cannot be construed as the House having adopted that policy as its own. As always, the rules and practices of the House must emanate explicitly from the House itself. That is not to gain the merits of receiving essential information before considering legislation. However, the distinction between governmental procedures and House procedures remains and must be acknowledged.
Therefore, the Chair cannot find evidence to support the member's contention that Bill C-31 is not properly before the House because of what he has characterized as a deviation from what he contends is the usual practice.
Therefore the Chair cannot find evidence to support the member’s contention that Bill C-31 is not properly before the House because of what he has characterized as a deviation from what he contends is the usual practice.
I thank all hon. members for their attention.
I understand there is a point of order from the hon. member for Burnaby—New Westminster.
Points of Order May 8th, 2014
I appreciate the hon. member for Portneuf—Jacques-Cartier raising the issue. As she and the government House leader mentioned, the principle of communicating in both official languages is well-established in this chamber. As the government House leader alluded to, there are certain protocols that are adhered to in terms of what the pages will distribute on people's desks. This does not mean that members are not free to distribute things on their own if the goal is to notify members of events or keep them aware of what a member may be doing.
The advantage to the member of providing that in both official languages is that more members will be able to understand and appreciate either the notice of event or the work that he or she is doing. Therefore, the member in question may have failed to do that and may have missed an opportunity to communicate with francophone members of the important work he may have been doing on a particular file.
I do not know that it is something for the Chair to intervene on. If a member does not want to look at the material, he or she is free to not do so. However, I think it is important that members work within the established protocols for distributing materials on people's desks, especially since there can be a lot of them and it can accumulate quite quickly. It would be advantageous to all members in the House to remember that.
Some members speak only one of the official languages. It makes more sense for members to distribute copies in both official languages of their notice of event or whatever they want to communicate. This is an important principle. Members who use only one of the official languages are missing an opportunity to communicate with their colleagues.
I do not want to rule on this, but I think it is an important principle for members.
Points of Order May 7th, 2014
Before addressing the selection and grouping of report stage motions for Bill C-23, An Act to amend the Canada Elections Act and other Acts, I would like to address the point of order raised on May 6, 2014, by the hon. member for Saanich—Gulf Islands.
I would like to thank the member for Saanich—Gulf Islands for raising this matter as well as the Government Leader in the House, the House Leader of the Official Opposition, and the members for Toronto—Danforth, Bas-Richelieu—Nicolet—Bécancour, and Winnipeg North for their comments.
The member for Saanich—Gulf Islands raised concerns that the Standing Committee on Procedure and House Affairs adopted a motion requiring all remaining questions necessary to dispose of its clause-by-clause consideration of the bill to be put by a specified time, effectively creating a deadline for the debate to end. She argued that this motion contradicts an earlier committee order adopted on October 29, 2013, which gives members from non-recognized parties the ability to speak to their suggested amendments to bills before they are voted on by the committee. Because of the imposed deadline, the member's opportunity to speak to her amendments was interfered with, pursuant to the committee order of October 29, 2013. As such, the member for Saanich—Gulf Islands suggested that substantive amendments, even if already voted on by the committee, should be selected for consideration at report stage. Several members rose in support of the member for Saanich—Gulf Islands' point of order.
The government House leader made two central points in response. First, he reminded the House that at report stage the Speaker's authority to select report stage amendments is limited to determining whether they were presented, or could have been presented at committee. Second, he pointed out that the deadline adopted by the committee affected all members the same way, so it is inaccurate to claim that members from unrecognized parties and independents were particularly penalized in this regard.
In examining the matter, it is useful to remind the House of the power of the Speaker to select amendments at report stage. To place the matter in its proper context, it is helpful to refer to the March 21, 2001, statement by Speaker Milliken, found at page 1991 of the Debates, which establishes the guidelines upon which I rely to discharge my responsibility to select amendments at report stage. Speaker Milliken was clear in his intent when he urged:
…all members and all parties to avail themselves fully of the opportunity to propose amendments during committee stage so that the report stage can return to the purpose for which it was created, namely for the House to consider the committee report and the work the committee has done…
These principles are also reflected in the interpretive notes attached to Standing Orders 76(5) and 76.1(5). House of Commons Procedure and Practice, Second Edition, further expands on these principles, explaining at pages 783 and 784 that:
…the Speaker will normally only select motions in amendment that could not have been presented in committee.
I would remind all members that the guidelines for selection specify whether amendments could have been presented in committee and whether they were defeated in committee. In the case of the committee's consideration of Bill C-23, all members of the committee, as well as any interested independent member, were given the opportunity to present their amendments at committee, and a certain number of these amendments were defeated. The hon. member is now asking the Chair, in exercising its powers of selection, to evaluate whether the consideration afforded such amendments in committee was sufficient.
It is evident that the committee chose to handle its consideration of Bill C-23 in a particular way. A motion setting out the process to be followed was proposed, debated, and ultimately agreed to. Just as the opportunity to present and speak to amendments was decided by way of a committee motion, the deadline by which debate would end likewise was decided by a committee motion. Such decisions are the exclusive responsibility of the committee. I do not believe that it is for the Chair to second-guess how committees choose to manage their business.
The hon. member has asked that I select motions for consideration at report stage because she was not able to debate them in committee. In doing so, she referred to a ruling I gave on December 12, 2012, whereby I noted that I would continue to select motions from independent members at report stage until such time as a satisfactory method was found for them to participate in the clause-by-clause consideration at committee. I understand that the hon. member found unsatisfactory the opportunities afforded to her at the procedure and House affairs committee in relation to Bill C-23. Other members of the committee echoed they too were not satisfied that certain amendments were not debated once the committee's self-imposed deadline was reached. That said, it remains clear to me that the committee considered and voted on all amendments she is asking me to select.
In 2006, Speaker Milliken dealt with a somewhat analogous situation in relation to Bill C-24, the Softwood Lumber Products Export Charge Act.
On November 6, 2006, the hon. member for Burnaby-New Westminster raised a point of order regarding the decision of the Standing Committee on International Trade to limit debate and set a strict deadline by which point debate would end.
Though the situation was different insofar as he was a member of the committee concerned, I believe Speaker Milliken's response, found on page 4756 of Debates, was instructive:
I do think that committees are masters of their own procedure. They are entitled to make provisions in adopting orders in the committee that govern the way they are going to conduct their business...The committee is allowed to make amendments to the bill. The committee has imposed rules on how those amendments will be dealt with in the committee and how members will be able to address the issues raised by the amendments. It seems to me that [it] is entirely within the jurisdiction of the committee and indeed [it] is [a] quite normal exercise of its powers.
When the bill was taken up at report stage, the member for Burnaby—New Westminster submitted a large number of the amendments that had been defeated in committee, and asked the Chair to select them on the basis that they had not been debated in committee.
In a ruling I gave as Acting Speaker on November 21, 2006, found on page 5125 of Debates, I declined to do so, reminding the House that:
...the Chair selects motions which further amend an amendment adopted by a committee, motions which make consequential changes based on an amendment adopted by a committee and motions which delete a clause. Aside from this, the Chair is loath to select motions unless a member makes a compelling argument for selection based on the exceptional significance of the amendment.
As far as the Chair is concerned, in keeping with past precedents, I cannot see how the imposition of a deadline for the end of the debate could constitute a justifiable argument for the selection of amendments at report stage that were already presented and defeated in committee.
Points of Order May 2nd, 2014
I am now prepared to rule on the point of order raised by the hon. member for Malpeque on April 9, 2014, concerning amendments contained in the Third Report from the Standing Committee on Public Safety and National Security on Bill C-483, An Act to amend the Corrections and Conditional Release Act (escorted temporary absence), presented in the House on April 2, 2014.
I would like to thank the member for Malpeque for having raised this important matter. I would also like to thank the government House leader and the House Leader of the Official Opposition for their contributions.
In raising his point of order, the member for Malpeque argued that the amendments adopted by the committee had significantly altered the intent of the bill and that these amendments were not in keeping with the principle of the bill as adopted at second reading. In making his argument, the member referred to the second reading debate, during which the sponsor of the bill had indicated its intent as being to provide the National Parole Board of Canada with the authority to grant or cancel escorted temporary absences for offenders convicted of first or second degree murder. The member asserted that the bill’s main purpose was to remove the ability of institutional heads to grant escorted temporary absences for such offenders.
It was the member's contention that the amendments adopted by the committee, specifically in allowing institutional heads to grant escorted temporary absences once the Parole Board had granted an initial absence, were contrary to the principle of the bill. The member is asking the Chair to declare the amendments in question null and void and to direct that they no longer form part of the bill. The House Leader of the Official Opposition rose in support of the member's point of order.
In his intervention, the government House leader contended that the amendments in question were both consistent with the principle of the bill and within its scope. Several procedural authorities were cited to bolster this opinion. He also noted that the chair of the standing committee had ruled that the amendments were in order and that this ruling should be respected.
The government House leader pointed out that the intent of the bill was to involve the National Parole Board of Canada in granting the escorted temporary absences, which would, in turn, involve the victims by providing them with an opportunity to participate in the hearings during such a process. The new provision, in his view, meets that requirement.
Before addressing the particulars of this point of order, I would like to remind the House of the Speaker’s authority in dealing with a report on a bill containing inadmissible amendments. House of Commons Procedure and Practice, second edition, states at page 775:
The admissibility of...amendments...may therefore be challenged on procedural grounds when the House resumes its consideration of the bill at report stage. The admissibility of the amendments is then determined by the Speaker of the House, whether in response to a point of order or on his or her own initiative.
I have examined the third report of the standing committee, as well as Bill C-483, both in its first reading version and in the reprint containing the committee's amendments. The intent of Bill C-483, as stated in the summary to the first reading copy of the bill, is as follows:
This enactment amends the Corrections and Conditional Release Act to limit the authority of the institutional head to authorize the escorted temporary absence of an offender convicted of first or second degree murder.
The amendment to clause 1 of the bill restructures the bill so that the provisions with regard to the National Parole Board of Canada are removed and later inserted in the subsequent new clause 1.1.
New clause 1.1 of the bill provides that the National Parole Board of Canada is involved in the granting of the initial escorted temporary absence. This process would be very similar to the original provisions previously contained in clause 1. The key difference is a new paragraph that the amendment also added, which provides that:
If the Parole Board of Canada authorizes the temporary absence of an inmate under subsection (1) for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes and the temporary absence is not cancelled because the inmate has breached a condition, the institutional head may authorize that inmate’s subsequent temporary absences with escort...
This would mean that once the authority is granted by the National Parole Board of Canada for an escorted temporary absence, it remains in place unless it is cancelled. The institutional head may grant subsequent escorted temporary absences only if the original authority from the National Parole Board remains in place. If conditions are breached and the absence is cancelled, authority must be sought anew from the National Parole Board of Canada.
This appears to me to limit the authority of the institutional head in this regard. Escorted temporary absences must still be authorized by the National Parole Board of Canada. What appears to be different in this new provision is the frequency with which authorization must be sought. I can see nothing in the bill as amended by the committee which would alter the aims and intent of the bill, namely the limiting of the power of institutional heads to grant escorted temporary absences and providing a role for the National Parole Board in the granting of such absences. Therefore, I find that the amendments adopted by the committee are indeed in keeping with the scope and principle of the bill as adopted at second reading and are, therefore, admissible.
Accordingly, the House may proceed with its study of the bill as reported from the Standing Committee on Public Safety and National Security.
I thank the House for its attention.