Subcommittee on Private Members' Business committee  This bill will amend the Criminal Code in order to make it an offence to wear a mask or a disguise or to conceal one's identity while taking part in a riot or an unlawful assembly. This bill does not concern questions that are outside federal jurisdiction. It does not clearly violate the Constitution, including the charter.

Subcommittee on Private Members' Business committee  This bill will enact the Federal Framework for Suicide Prevention Act. It would, among other things, recognize suicide as a public health issue. This bill does not concern questions outside the federal jurisdiction. It does not clearly violate the Constitution, including the charter.

Subcommittee on Private Members' Business committee  Bill C-215 would amend the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act with respect to the deduction of Canada Pension Plan benefits from the annuity payable under each of these acts. This bill does not concern questions that are outside federal jurisdiction; it does not clearly violate the Constitution, including the Charter; it does not concern questions that are substantially the same as ones already voted on in the current session; and, it does not concern questions that are currently before the House as items of government business.

Subcommittee on Private Members' Business committee  Bill C 292 would amend the Corrections and Conditional Release Act to provide that any monetary amount awarded to an offender pursuant to a legal action or proceeding be paid to victims and other designated beneficiaries. As regards to this bill, I have doubts as to the federal government's power to pass provisions of this kind.

Subcommittee on Private Members' Business committee  Given the way it's written, this bill could not be given such an interpretation. It's important to realize that federal jurisdiction regarding debt priority ranking is limited to certain well-defined areas, such as bankruptcy, tax collection and banks. If someone tried to do indirectly something that cannot be done directly, that would be deemed unconstitutional because the purpose, indeed, the very essence of the bill would be unconstitutional.

Subcommittee on Private Members' Business committee  What I'm saying is that the pith and substance of the bill belongs to the provincial jurisdiction. Therefore, based on criterion number one, the subcommittee could have grounds to designate the bill as non-votable.

Subcommittee on Private Members' Business committee  It's possible. It's really up to the committee.

Subcommittee on Private Members' Business committee  In the past, since I have been assigned to this committee, the committee has sometimes delayed a decision on a bill. I was not here during the 38th Parliament when the expert witness appeared.

Subcommittee on Private Members' Business committee  Exactly.

Subcommittee on Private Members' Business committee  Just on the question of procedure, when this subcommittee reports a bill as non-votable, there's an appeal to the full committee. The committee, PROC, had witnesses appear before it when it was looking at bills in the past, so this is one thing. Also, with respect to criteria number one and criteria number two, criteria number one does not include the clearly unconstitutional point, but whether it is or is not within federal jurisdiction.

Subcommittee on Private Members' Business committee  If I might, I'll add some clarification. You may recall that during the 39th Parliament there was a bill sponsored by Mr. Silva that was deemed non-votable. Mr. Goodyear was then chair of PROC. Mr. Silva filed his appeal to PROC within the five-day timeline, but he appeared before the committee after the five days.

Subcommittee on Private Members' Business committee  Bill C-291 would amend the Employment Insurance Act with respect to the two-week waiting period as well as special benefits for illness, injury or quarantine. This bill does not concern questions that are outside federal jurisdiction and does not clearly violate the Constitution; it does not concern questions that are substantially the same as ones already voted on by the House of Commons in the current session or which are already before the House; and, it does not concern questions that are currently before the House as items of government business.

Subcommittee on Private Members' Business committee  Bill C-267 would enact the Canada Water Preservation Act, primarily by prohibiting or imposing restrictions on the removal of water in bulk. This item does not concern questions that are outside federal jurisdiction; it does not clearly violate other provisions of the Constitution, including the Charter; it does not concern questions that are substantially the same as the ones already voted on by the House of Commons; and, it does not concern questions that are currently before the House as items of government business.

Subcommittee on Private Members' Business committee  I reviewed the literature on the water law, and both provincial and federal levels of government can legislate in this regard. At this stage, at the beginning of the process, to conclude that the bill is unconstitutional, there could be arguments.

Subcommittee on Private Members' Business committee  Bill C-293 would amend the Corrections and Conditional Release Act to allow the commissioner to designate an offender as a vexatious complainant. This item does not concerns questions that are outside federal jurisdiction; it does not clearly violate other provisions of the Constitution, including the Charter; it does not concern questions that are substantially the same as ones already voted on by the House of Commons; and, it does not concern questions that are currently before the House as items of government business.