Civil Marriage Act

An Act respecting certain aspects of legal capacity for marriage for civil purposes

This bill was last introduced in the 38th Parliament, 1st Session, which ended in November 2005.

Sponsor

Irwin Cotler  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment extends the legal capacity for marriage for civil purposes to same-sex couples in order to reflect values of tolerance, respect and equality, consistent with the Canadian Charter of Rights and Freedoms. It also makes consequential amendments to other Acts to ensure equal access for same-sex couples to the civil effects of marriage and divorce.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 5:10 p.m.
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Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Speaker, as we look at the Standing Orders presently, there is no question that the calendar of this House is a fairly significant event that is agreed to, according to the Standing Orders, by the House leaders.

According to the Standing Orders, during the adjourned period when members of Parliament are in their constituencies, the House does not get called back unless there is need for royal assent on something that is of some urgency. If that is the case, the House can be called back for a short period.

The Standing Order 28(4) reads:

The House shall meet at the specified time for those purposes only; and immediately thereafter the Speaker shall adjourn the House to the time to which it had formerly been adjourned.

When we have a calendar it ought to be respected and, if it needs to be interrupted, then after the particular business is done the House needs to go back into adjournment. There needs to be a reason for the House to reconvene that is of substance.

This House could probably be guided by Standing Order 28(3) which talks about the Speaker utilizing his or her discretion to recall the House. It states:

Whenever the House stands adjourned, if the Speaker is satisfied, after consultation with the Government, that the public interest requires that the House should meet at an earlier time, the Speaker may give notice that being so satisfied the House shall meet....

Therefore there needs to be some evidence that would satisfy the Speaker. There has to be some public interest that requires an interruption of the House calendar.

I would think this House would at least have to satisfy those same principles before this House could put forward a motion that would require this House to extend itself for a further period. What is the public interest?

We have heard discussion about Bill C-48. It does not get implemented until next year. In fact, when we look at the budget implementation portion of it, it talks about the moneys actually being requisitioned or looked at in the next year. What is the urgency? This is not in the public interest. This could be debated in the fall sitting. In fact one could argue that perhaps there is something to Bill C-43 passing.

Bill C-43 has cleared this particular House and is now in the Senate chamber for approval. We have a senator saying that the Conservative senators were prepared to expedite the passage of Bill C-43, the budget legislation bill, which includes the Atlantic accord, but that the Liberal senators were refusing to pass it. He also said that they agreed to waive certain procedural steps in order to speed the passage of Bill C-43.

He goes on to say:

Two other government bills are receiving clause-by-clause consideration immediately following testimony by witnesses in Senate Committees today. The Liberal government will not permit the same procedure to be followed for Bill C-43, thus putting the bill at risk should Bill C-48, the NDP budget bill, be defeated in the House of Commons in the next few days.

We just received notice that those two bills are here for royal assent.

How is it that the Liberal government, on one hand, says that it wants the bill to go forward so the funds can start rolling on that particular bill, but on the other hand, refuses to have it passed expeditiously, as it could have? I think it is playing games with this House.

Let us look at the marriage bill, Bill C-38. Is there a public interest to have it passed or at least a public interest sufficient to call the House back to order when it ought to be adjourned? What is the public interest in that bill? In fact, a large percentage of the Canadian public do not want that bill to pass. Therefore it is definitely not in the public interest to call Parliament back for that purpose and that purpose alone.

What has the government done? It has attempted to lump and link Bill C-48 with Bill C-38, the marriage bill, in an attempt to justify, on some kind of national basis, that it is in the public interest to reconvene the House. However this is not in the public interest. It is all subterfuge. It is all playing with the rules to get their ends.

The House leader stated earlier in the press that he was prepared to not have Bill C-38 pass if Bill C-48 passed, but then he changed his mind, dug in his heels and decided to connect the two and call Parliament back for that purpose.

What is the rush? Bill C-38 is fundamentally changing the definition of marriage. It is fundamentally changing society as we know it. It deserves the time that is needed to discuss it and the public need an opportunity to participate. What we had at report stage was a sham.

During question period today the member for London—Fanshawe asked whether limiting the witnesses at the committee was really doing the job it ought to be doing. Is it appropriate to give witnesses 24 hours or 48 hours notice to appear? Is changing members of the committee appropriate? Is setting up a separate committee to ram through the committee hearings appropriate? Those hearings should have been the widest possible hearings across the country in every city with every member of the public having an opportunity to address the government before that bill completed report stage.

However the Liberals are ramming it through, despite the concerns of Canadians, despite public interest and despite our nation's interest, because they want to. They have confused national agenda and public interest with their own interest. They have confused the House of Commons calendar, which should not be interfered with easily, with their own ends and their own desires.

I think it is appalling. It is appalling to democracy and it is appalling to this institution for the government to go further and put a motion in the House that would limit debate on whether the hours and sittings of this House should be extended. How can it be in this free and democratic country that we cannot have every member in the House speak to whether the preconditions exist for the House to be extended?

We have to justify the pre-conditions of the House. That is why the Standing Order is there. That is why there are safeguards. We cannot, just on a notion, say that we will pass a motion that will change the Standing Orders and call the House back because we want to. There must be some basis for that and that basis is the public interest, because that is the basis, Mr. Speaker, that you might have to contend with.

The Liberals chose not to allow every member in the House to speak. Since when does a government decide that closure is the way to go on an issue so important as whether or not this House should sit in the summer to deal with the marriage bill, Bill C-38.

This is not a national crisis. This is not a national public interest that requires us to do it. The Prime Minister and the government confuse their own interests with the interests of the nation.

When the Prime Minister appeared on television I thought he was going to speak to something that was of national interest or of some national crisis, or even perhaps proroguing Parliament or calling an election.

What was the purpose of that particular television address? At great expense to this nation and every taxpayer of Canada, the purpose of that television appearance was to protect the hide of the Prime Minister and his government because they were on the ropes of losing in a possible election. He used the media and the resources of government to bolster public opinion and that is shameful.

Even the NDP leader acknowledged that. In question period he said, “First, let me add my voice to those who are concerned about the televised address this evening. This is a Liberal crisis; it is definitely not a national crisis.” The government is confusing its own interests with those of the nation.

In the next question, the hon. leader went fishing to see if he could change the government's budget. He said, “Putting aside the issue of corruption, let me see if I can be bought”. How could he do that? He was speaking about the sponsorship scandal and the things that have happened. People were paid for doing little or nothing with Canadian taxpayer dollars for which many people worked very hard to put in the coffers of the government. Some people work 12 hours a day, six days a week, only to lose half of their money to the government to spend on projects and programs.

However we find the government using and abusing those funds to pay ad agencies for little or no work and then having some of that money filter back to the party to fund an election. It was buying votes at $250 million per member to get another party's support to cling to power and giving people positions to cross the floor. Those are the kinds of things that should not happen in the House but it gets worse than that.

The House raised a motion of confidence, if not directly, certainly indirectly. At that point, constitutionally, the Prime Minister and his government had an obligation to Canadians and to the House to raise the issue of confidence themselves and they did not have confidence. They did not have confidence for a week.

The House should have been closed shut. There should not have been one order of business happening until that issue of confidence was settled. For that week we were without a government because it should not have been exercising the powers of government, the levers of government, the position of government to advance its own interests.

However all the while we had ministers and the Prime Minister travelling across Canada signing deals, committing money, spending money, campaigning at public expense and doing the kinds of things that would be shameful in a third world country that is run by a dictatorship.

We should have closed the House down and went to the wall to prevent that from happening because it was an injustice. It was illegitimately trying to legitimize government. It waited until it had the numbers and then it put forward an issue of confidence, and that is wrong.

What is wrong with the government is that it confuses its own interests with the interests of Canada.

We expect far better. We expect to have a government with vision. We expect to have a government that is prepared to take a loss, prepared to sacrifice on behalf of the country and one that puts the country's interest above its own, above its own greed and its own temptations, not a government that tries to shove a bill through the House when the public of Canada does not want it.

We need a government with backbone and a government with the courage to lose if it has to. An election should have been called and that confidence vote should have been respected. The public would have made a decision on Bill C-38.

Now the Liberals are trying to ram it through. It would not surprise me if they would put closure on Bill C-38 and Bill C-48 to get their will, despite the will of the people of Canada. That is wrong and the people of Canada will pass judgment. Believe me, it will not end in this session and it will not end in the summer.

I am prepared to stay here in July, all of August and into September to preserve the democratic right of the people of the country to express their views through members of Parliament on Bill C-38 because what is happening here is wrong.

One could ask whether I was looking at this objectively. I would like to make reference to an article in the Toronto Sun . Chantal Hébert said, “One thing we have learned from the tape affair is that precious little stands between the Prime Minister and a repeat of the sponsorship scandal. It is a culture that's wrong. It is what permeates government that's wrong. It is the thing that says the end justifies the means. It doesn't matter how we get there, it just matters that we get there. Our objective is to stay in power and we'll do whatever we have to, twist and bend every rule we have to stay in power”.

Supply day motions happen once a week every week and it was during that time that a confidence motion could have been put by any one of the parties, including our party. The Liberals took those supply days away and the ability to make a confidence motion until the end of May.

Why was that? To me, that was something I expected to happen every week. It was tradition. It was something the House had as a constitutional kind of arrangement that happened week after week. The Liberals took it away for the sole purpose of preventing confidence because they knew they would lose. They then put them at the end of May. Why? So any election would take place in the middle of summer.

They wanted to have the opportunity to continue to buy, pay, promise, and get to the position where they could win and then call it. There is something fundamentally wrong with that. There is something very wrong with that. That is why the country is going astray. It needs some direction. It needs some commitment. It needs someone with some backbone who says there is a right, there is a wrong, that this is right and we will do it, regardless of whether it costs us or not, and not what we see here.

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 4:30 p.m.
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Liberal

Mario Silva Liberal Davenport, ON

Mr. Speaker, I would have to disagree with the hon. member. I see both bills as being critical and important for this country. I presume that the member has an issue with the mayors across this country and the premiers who are asking to adopt this bill as soon as possible. It is very important and critical that it does take place.

On the matter of Bill C-38, I also disagree with the member. It is an issue of human rights. It is an issue of the charter. Unfortunately, the hon. member does not support the particular view I share.

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 4:30 p.m.
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Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, I want to point out a couple of errors in the member's statement and then I would like to ask him a question or get a commitment from him if I can.

First, he said Bill C-48 needs to be passed because it delivers urgent funding. I do not think he has read the bill because it cannot deliver the funding until next year when the government determines whether or not it has a surplus, a surplus of a particular amount. Not only that, there is no commitment within those four areas to spend anything. I hope he reads through the bill, so he will find the accurate information.

Second, Bill C-38 is not about human rights, as he said. It is about the redefinition of a traditional institution which the majority of Canadians still defend. He said we cannot possibly adjourn with such important legislation before us. I want to point out that this morning the House leader said that we are here for debate. That is actually true except he is cutting off debate. The government is trying to have it both ways and, as usual, it will blame other people for this.

I expect the government members, once they have been here for a couple of extra days, will get tired of being here. I would not be the least bit surprised if they played around with closure on these two bills.

Since the member said that we cannot adjourn with such important legislation before us, will he commit right now to refuse to go along with closure if it is brought in on both Bill C-48 and Bill C-38?

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 4:25 p.m.
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Liberal

Mario Silva Liberal Davenport, ON

Mr. Speaker, I believe all members come to the House with intentions to serve the public. I am still baffled. How will we serve the public by adjourning the House with such important matters at stake?

Bill C-48 has the support of many premiers. Mayors across the country are asking us to adopt this law before the recess for the summer. It is a bill that will provide $4.5 billion in urgent funding for the environment, training, post-secondary education, affordable housing and foreign aid. We are talking about that, and we are dealing with that in the motion.

The other important critical matter, Bill C-38, which I feel is fundamental as well for the country, is in keeping with our charter rights. It is a fundamental human rights issue to me and to many members of the government and we need to deal with it.

It is evident, unfortunately, that both Bill C-48 and Bill C-38 are not supported by the opposition. That is regrettable because I think they are very much supported by most Canadians.

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 4:25 p.m.
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Conservative

Ken Epp Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, the member spoke about using tactics to stop the work of Parliament. He talked about using procedural steps that would prevent Parliament from doing its work.

I would like to remind him and all other members present that the Liberals day after day in the latter part of May came in with motions to concur in committee reports, debating them endlessly to avoid carrying on with the business of Parliament. For him to somehow imply that others are doing that is really quite inaccurate. It was they who wasted so much time earlier this year that we are now in this position.

Furthermore, I resent him implying that by I, my colleagues, others in opposition and members on the government side taking the time to debate motions is a waste of time. After all, what is this place supposed to be. It is Parliament. If I am not mistaken I believe the French word “parler” means to speak. I think the word “parliament” comes from the same root word. This is the speaking place.

I sometimes tell my grandchildren that I work in the word factory. We are using words here hopefully to put ideas back and forth. In our debates we should hopefully be able to adjust and amend our rules, laws and motions so they are best for the country. I firmly and strongly contend that the agenda the government is now proposing, to extend the time of sitting, reduces the time when we should be keeping the commitments we have made to our constituents and others around of the country. Instead, the government has said that we need to be here to debate Bill C-48 and Bill C-38.

As our daily prayers state, our work here in Parliament is to pass good laws and make wise decisions. In this instance, being able to stop that or at least slow it down is beneficial for Canadian voters, our taxpayers and our citizens. We will make better laws if we can engage in a debate. This motion needs to be stopped.

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 4:20 p.m.
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Liberal

Mario Silva Liberal Davenport, ON

Mr. Speaker, I want to talk about Government Motion No. 17 to extend the sitting period. I want to thank the members who voted in favour of the closure motion to put an end to the debate on this motion.

The aim of the motion is simple. The official opposition is obstructing the adoption of important bills before the House.

The official opposition continues to refuse to support the motion. In fact, the opposition House leader moved an amendment to the motion to have the House adjourn today and resume in September without completing further government business. As a result, the government gave notice of closure yesterday to which the House has now agreed.

This week, the Premier of Quebec asked Parliament to support Bill C-48. Mayors across Canada are also insisting on the need to immediately adopt this bill so that they can begin planning effectively for the future, in the knowledge that these federal measures will be adopted and that they can go forward.

Bill C-48, which supplements the budget, sets aside $4.5 billion in emergency funding for the environment, training and post-secondary education, affordable housing and international aid. This bill must be adopted without delay.

The opposition is also obstructing the adoption of Bill C-38 on civil marriage. The government recognizes that one of the purposes of the debate in the House is to help people make up their minds on the topic. However, all the members have done so. Debate should not be used to delay Parliament's decision. All hon. members know that the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness held Canada-wide hearings on civil marriage in 2002-03.

Furthermore, we had a long debate on Bill C-38 at second reading. In committee, we heard from witnesses on all aspects of the bill. A Globe and Mail editorial yesterday stated, “There is nothing materially useful to add. It's time for Parliament to vote on the bill, and for all parties to let the Commons have its say”.

Canadians elected us to work together for their interests. The government has lived up to its commitment to try to make this minority Parliament work in the service of the interests of the people who elected us.

We do not agree with the official opposition that procedural tactics should be used simply to delay the House from voting on urgent matters. The consequence of these delays is that the House will have to return next week to complete urgent business.

I call on all members to support the motion to extend the sitting of the House so we can complete the work Canadians have elected us to do.

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 4:15 p.m.
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Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, as members have pointed out so well, there is no national agenda. That is not why we are talking about extending the hours.

I had a couple of thoughts, as I listened to the House leader this morning. It seemed to me there was hardly a discussion, out of the normal discussion we have in June about staying or going or whatever, until about a week ago. The House leader had newspapers interviews and committed himself to a couple of positions, which I do not think even the Prime Minister knew he was being committed to it. That included passing Bill C-48 and Bill C-38.

This was the first time any of us had heard that had to happen or else we would not be leaving this place. He probably was so far out on a limb that he did not saw the branch off behind him. I would think this is one of the reasons we find ourselves in the situation we are in today.

The second reason we find ourselves debating Motion No. 17, which will allow the government to force Bill C-38 through, is the government does not want to take this home for the summer. The Liberals do not want to debate the issue over the summer. They feel if they go home with this issue, they will be hammered on it. I think they think, rather than allow us to come back in the fall and fully debate the issue, if they can ram it through as quickly as possible, then Canadians will forget about it. I would suggest Canadians will not forget about it.

To demonstrate that the government does not have a national agenda and that there is not an urgency in this, as it proclaims there is, in the other place the government has been delaying the implementation of Bill C-43. When the bill was in the House, at different times, particularly with the Atlantic accord, we tried get it accelerated so the government could begin disbursing money to Atlantic Canada.

On every occasion we tried to do that, the Liberal government stopped it from happening. Now that it is in the Senate, the government is once again trying to stop the passage of the bill. The Conservative senators have asked for this to be fast-tracked and they have offered to do that, but the Liberal government, which is in the business of blaming everyone else, has to take responsibility for this. It has refused to allow the bill to be fast-tracked.

I would like the member's comments on a couple of those observations?

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 3:50 p.m.
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Conservative

Jim Prentice Conservative Calgary North Centre, AB

Mr. Speaker, as I address the question of the time extension, I want Canadians and the residents of my riding of Calgary Centre-North to be clear on what is happening here.

We have had a motion of closure, which has been addressed, and a decision is now before us to extend the sitting hours of the House. The effect of the closure, coupled with this extension of the sitting time of the House, is to permit the Liberal government to ram through several pieces of legislation. I predict that this is the first in a series of closure motions that will happen beneath the umbrella of this time extension that Canadians will see over the course of the next seven days.

The underlying purpose of what the Liberal government is attempting to do is to override Standing Order 28(2), the Standing Orders that provide for the operation of this House, and to do so in circumstances where there is no emergency. There is no emergency in this country and there is no necessity for this time extension.

What is being proposed is that the government sacrifice the parliamentary calendar, which is constructed into Standing Order 28(2,) and to do so for its own political expediency and its own political purposes, rather than for any national purpose or national emergency, which is required.

At this time there are two controversial pieces of legislation before this House: Bill C-48, which I have referred to as the NDP budget bill; and Bill C-38, the marriage bill. Both of these are important pieces of legislation. I will turn to them in more detail as I proceed, but I think it would be fair to say on behalf of all members of the House that both of these pieces of legislation have attracted considerable attention and considerable controversy. They are bills in respect of which there are many differing opinions in this House and many parliamentarians who wish to speak on behalf of their constituents with respect to both of those issues.

The question that is before us this afternoon is why the government has found it necessary to invoke closure to force the extension of the sitting hours of the House of Commons to deal so quickly with these two pieces of legislation that have been before the House for some time.

As I begin, I note, parenthetically, that this is not the government's calendar which it seeks to change, it is the calendar of the House of Commons. It is the calendar that was arrived at and negotiated with considerable care on behalf of all Canadians. In fact there was a Standing Orders committee that grappled with the whole question of the parliamentary calendar. This parliamentary calendar that we have today was adopted after considerable thought. Two different committees at two different points in time studied this Standing Order, and the purpose of the Standing Order, frankly, was to bring some order to the calendar of the House of Commons and to ensure that we were able to balance the difficult schedules of members of Parliament with the business of the House of Commons.

The Standing Orders were arrived at, as I understand it, with an all party consensus, and they should not be changed lightly.

Earlier today the Liberal member for Sarnia--Lambton objected to what the government was attempting to do here, which is to railroad through these two pieces of legislation. He referred to is as “legislation by exhaustion”. I might add to that terminology, legislation by closure because the use of the closure motion is an essential part of the strategy that the government is pursuing.

I would like to discuss the hypocrisy of the government in proceeding in such an undemocratic way to deal with two pieces of legislation that are very controversial and in respect of which there are a wide range of opinions in this House. I think we can all agree that, by definition, the invocation of closure, coupled with the extension of the sitting hours, involves steps that are undemocratic because the House will not have adequate time to deal with the legislation that is before it.

One only has to examine a handful of documents to fully appreciate the duplicity and the hypocrisy of the Prime Minister and his government House leader.

I would like to take members, first, to the Prime Minister's swearing in. The Prime Minister was sworn in on December 12, 2003, and any analysis of failed expectations and hypocrisy must, by definition, begin on that date.

At that time the Prime Minister said, “We are going to change the way things work in Ottawa...to re-engage Canadians in the political process”. He stated that this would be his number one priority or at least one of his many number one priorities.

Nothing was said at that time about invoking closure. Nothing was said at that time about ramming through legislation at the close of session under the cover of night. Nothing was said at that time about limiting the debate of the elected representatives of the Canadian people.

The only thing we heard was the hypocritical statement, which we now know was hypocritical because there was no intent to honour it, “We are going to change the way that things work in Ottawa”.

We are certainly doing that but to no avail and not to the benefit of Canadians.

The throne speech followed shortly after that. If people want to understand what the government is doing with Bill C-48 and Bill C-38, they need only go back and look at the throne speech of February 2, 2004 where the government said:

We must re-engage citizens in Canada’s political life. And this has to begin in the place where it should mean the most -- in Parliament -- by making Parliament work better.

Further on in the speech it states:

The Government of Canada is determined to return Parliament to the centre of national debate and decision making....

The speech contained references to more free votes and to enhanced roles for members of Parliament to shape laws. It then states:

Significantly enhancing the role of all MPs will make Parliament what it was intended to be -- a place where Canadians can see and hear their views debated and their interests heard. In short, a place where they can have an influence on the policies that affect their lives.

Later in the same throne speech it states:

Canadians expect government to respect their tax dollars. They want to have the confidence that public money -- their money -- is wisely spent.

Is that not curious? There is nothing in the throne speech about invoking closure. There is nothing in the throne speech about closure coupled with extension of sitting times to ram through two pieces of legislation that Canadians consider to be important. There is nothing about closure, nothing about shortening debate and nothing about truncating public discussion.

Perhaps someone from that side of the House, someone with a shred of integrity, would be able to explain how to reconcile what the government promised in the throne speech in February 2004, with the conduct that we have seed from the government over the last several days.

However it gets better from there. On February 4, 2004, two days after the throne speech, the government put forward a document entitled “An Action Plan for Democratic Reform”. The document talks about the three pillars of democracy that the Prime Minister values. The second pillar is about restoring the representative and deliberative role of members of Parliament.

The report goes on to state that “Democratic reform will reconnect parliamentarians with Canadians by giving MPs greater freedom to voice the views and concerns of their constituents.

The document continues on to say:

What this means for individual Canadians is that the people they elect will be able to better reflect their views in the process of government. It also means increased responsibilities for individual Members of Parliament to ensure that these reforms result in real change.

The action plan for democratic reform says nothing about closure, nothing about the extension of time coupled with closure, nothing about eliminating the rights that the members of Parliament in this House have to participate in debate, and nothing about limiting the parliamentary freedom of our constituents by pushing forth two pieces of legislation without having a full and adequate opportunity in this House to carry on with the debate during the regular sitting of the House.

If one looks at the action plan for democratic reform itself, entitled “Ethics, Responsibility and Accountability”, we see that in this document there is of course a letter from the Prime Minister himself, in which he states:

Parliament should be the centre of national debate on policy...Members [of Parliament] should have greater freedom to voice their views and those of their constituents, reinforcing the role of House Committees...

I do not see anything in the letter from the Prime Minister about what the government is attempting to do in this case with Bill C-48, which I will come to in a few moments. I see nothing about that in the letter from the Prime Minister or in the letter from the House leader that accompanies this same document, in which he says:

Secondly, we must restore Parliamentarians' role in generating authentic, thoughtful, and constructive debate.

If the government believes in this, if it has any sincerity in believing in this, why is it not prepared to take Bill C-48 in particular, bring it forward and continue with debate according to the parliamentary calendar? If this means that third reading of this bill is secured when the fall session resumes, then so be it. What is the urgency of proceeding with closure, coupled with an extension of time, to ram this piece of legislation through the House of Commons at this point in time?

If we carry on and read this document it is breathtaking to appreciate what this government has said and how it just does not measure up with its conduct in terms of democratic reform in this country.

On page 1 of the February 2004 document, “An Action Plan for Democratic Reform”, we have the following statement:

Democratic institutions must constantly adapt and change in order to ensure that the process continues to work the way it was intended. Individuals, through their elected representatives, must have a strong voice in the great debates facing the nation. There needs to be real exchanges of opinion and constructive dialogue between Members of Parliament, reflecting the views of the people they represent.

In a statement of general principles that follows, we have item 3:

Parliament should be a national forum for debating and shaping national policies and legislation and for considering regional concerns and issues.

Principle 4 states:

Members of the House should have more opportunity to express their own views and those of their constituents.

Principle 5 states:

House Committees should have the resources and mechanisms necessary to become a central focus of debate, and to shape and modify legislation.

What is astounding is that none of these principles are being followed by this government in its conduct in dealing with Bill C-48, the NDP budget legislation.

Carrying forward from there, just this week we have had this government table in the House of Commons a document dated June 22, 2005, the first annual “Report on Democratic Reform”. It has such a noble title, but it is a litany of hypocrisy to read because this is a government that is not committed to the implementation of the ideas and the concepts that are set out in this report on democratic reform.

Once again there is a letter from the Prime Minister. He says that “Parliament must have greater ability to hold the government to account. Responsibility for democratic renewal rests with all parliamentarians. Democratic renewal must be an ongoing process”.

If the Prime Minister sincerely believes in that, why have they brought forward a closure motion coupled with an extension of time in an effort to ram through Bill C-48, the NDP-Liberal budget, which has flaws that we will talk about in a few moments and which should be carefully scrutinized by Parliament?

The government House leader, who has had the temerity to stand in this House and strong-arm the House with the closure motion, coupled with the motion which is currently before the House, has had the audacity, in the June 22, 2005 annual report, to author several invitations, saying that he looks forward to working with parliamentarians because, in his view, “enhancing the ability of Parliamentarians to represent their constituents and to shape public policy is essential in building public confidence in Canada's political institutions”.

If he believes that, why is he not prepared to have a full, complete and fulsome debate on Bill C-48 in the fullness of time, according to the parliamentary calendar?

He said later in the letter that he looks forward to working with all of his colleagues. The government carries on. The importance of restoring the representative and deliberate role of members of Parliament is discussed, as are the key principles of democratic reform. It is all here, but there is nothing in this document that talks about closure. There is nothing in this document about democratic reform, which talks about abrogating the parliamentary calendar and forcing Parliament to deal with legislation on a shortened process, on what the member for Sarnia--Lambton has referred to as “legislation by exhaustion”.

Paradoxically, there is nothing about that in any of the documents I have referred to, all of which come from the Prime Minister and the government, nothing which talks about that sort of a truncated parliamentary process that we are seeing from the government.

That brings me to Bill C-48, the so-called second budget bill, the NDP budget, which is one of the pieces of legislation which the government seeks to ram through under its current strategy.

I continue to believe that the bill is an abomination which violates the parliamentary expenditure process and which subjects Canadians to overtaxation and to expenditure without representation. I abhor it and I oppose this legislation.

It carries the rather hopeful title of “An Act to authorize the Minister of Finance to make certain payments”. The certain payments total $4.5 billion, and the net effect of this legislation is to create a fund of surplus taxes from which the Liberals have purchased 19 NDP votes in the House of Commons. This is a bill that is two pages in length, has no details whatsoever and authorizes the expenditure of $4.5 billion of public money.

How can that possibly be reconciled with the first annual report on democratic reform from the Prime Minister, where he says that he wants to see a deliberative role for the House of Commons and he wishes to see the House of Commons more carefully scrutinize the public expenditure process?

This, in fact, is not a budget at all. It is nothing more than a vague set of promises made to the NDP with the hard-earned tax dollars of Canadians.

It is only within the context of this Liberal government that we could even have something like Bill C-48, because this is a government which confuses the money of Canadians with its own money. This is a government which is spending future surpluses.

Let us stop for a moment and consider that. The government would need to accumulate $8.5 billion in surplus taxes--effectively overtaxation of $8.5 billion--to drive the expenditures which are promised in Bill C-48. In effect, the bill creates a political slush fund which will be financed from surpluses in 2005-06 and 2006-07 and will be spent by the government.

On behalf of the citizens of my riding, I note that this is one of a number of very curious things which have been happening in the House. The bill contains no details as to how these moneys will be spent and what they will be spent on, other than in the vaguest of details.

Let us examine the bill. It is less than two pages in length. It is about 900 words in total, and it is $4.5 billion, and the strategy that the government has embarked on is to limit the debate on this legislation.

Who then will be reviewing these expenditures on behalf of the citizens of Canada? Clearly the way the government is proceeding, it will not be this Parliament. The bill compromises the public finances of Canada. And since when did the citizens of Canada agree to be governed in this fashion? The legislation is entirely inconsistent with our traditional of fiscal responsibility. It is entirely inconsistent with the commitments that were made to Canadians in the last election.

No one, certainly no one in my riding, has ever consented to pay taxes at a level which would cover the cost of administering the Government of Canada and in addition to that the cost of creating a $4.5 billion fund of surplus taxes which the Liberal government can spend on matters sought by the NDP.

This is fiscal irresponsibility. It is good governance stood on its head. It is tantamount to a legislative commitment to $4.5 billion in overtaxation. It requires thorough debate and it requires debate according to the Parliamentary calendar. There is no reason to abrogate that calendar and rush this legislation through.

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 3:45 p.m.
See context

Liberal

Raymond Simard Liberal Saint Boniface, MB

Mr. Speaker, the member is right. It is about extending the sitting hours. As I have said before, I am one of those who approves of us sitting here. We have a responsibility to Canadians. They elect us to do our work. If we have to stay here for two or three weeks longer, we should do that.

I believe it is important for members of Parliament not to abuse their parliamentary privileges in the House, such as filibustering bills when everything has been said on them basically. At one point Canadians expect us to deal with these issues and not just let them drag on forever.

I know these issue are very delicate and sensitive and that many members of Parliament on all sides have had to deal with Bill C-38 on a personal basis. I know I have and it has been extremely difficult. However I believe at some point, in order to deal with the issues, we need to impose certain conditions to do that.

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 3:40 p.m.
See context

Conservative

John Williams Conservative Edmonton—St. Albert, AB

Mr. Speaker, I reiterate my earlier points of order. That was a wonderful speech on Bill C-38 and Bill C-48, but it had absolutely no relevance to Motion No. 17 that we are currently debating.

That being said, the member talked about how people have stated their positions, their minds are pretty well made up and will not change. Yet the Liberals did a complete and absolute U-turn a month or so ago, kind of a conversion on the road to embracing socialism I think, when the NDP went to them and said it had a deal which could keep them in government if they would keep the NDP in money. All of a sudden the U-turn occurred and the Liberals were embracing Bill C-48 that had nothing whatsoever to do with the budget of the Minister of Finance.

The member for Saint Boniface talked about Bill C-48 being essential, that it was urgent, and the dollars were needed. I go back to the budget of the Minister of Finance which did not have a word about all this money for the environment, education or housing. There was not a word.

All of a sudden this conversion on the road to embracing socialism seems to be the new thing for the Liberal Party because it wants to stay in power. This is not about public policy. This is about the personal desire to stay in power. The NDP thinks it is now the tail that can wag the dog and, therefore, it is basking in the new found power. All members on that side of the House are having a wonderful time at the taxpayers' expense.

Bill C-48 will spend up to $4.5 billion of taxpayers' money and is all of two pages in length. There is absolutely no substance to it. It talks about $1.5 billion for education.

I have a question for the member for Saint Boniface, who I know is a new guy and is just coming up to his first anniversary. If the $1.5 billion gets added to the millennium scholarship fund and will be spent over the next 20 odd years, is that going to be sufficient? Does he believe that will be an adequate way to spend this $1.5 billion in the scholarship fund when no one has any idea on what basis it is going to be spent at this point in time? Perhaps he could enlighten us.

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 3:30 p.m.
See context

Liberal

Raymond Simard Liberal Saint Boniface, MB

Mr. Speaker, I will attempt to do that. I thought I was very clear that by talking about the urgency of debating Bill C-48 and Bill C-38 the member would understand why I will be supporting the motion to stay next week to debate them. I thought that my process here was extremely clear.

I would like to speak to a third project in my riding, a senior's village. This again speaks to volunteers and just normal citizens who would like to provide seniors with a continuum of care. Bill C-48 is essential because it would provide affordable housing dollars for these people. The tie for me is very obvious, and I do not know why the hon. member does not understand that.

There is some urgency to staying here and debating Bill C-48 and Bill C-38. I am making the point that Bill C-48 is urgent. These dollars are needed in our communities. I am using my community as an example, but I am sure it applies right across Canada. I support additional funding for affordable housing. There are several reasons why we have to act quickly on approving this additional funding.

Bill C-48 covers environment issues, which is the second item I would like to discuss. The bill would allocate $900 million for the environment. Environmental issues are important to all of us.

Contrary to what my hon. colleagues on the other side of the House think, climate change is not a myth. It does exist and it is extremely important that we continue to invest in it. Canadians know that we have made some substantial investments in the Kyoto protocol and we will continue to do that.

The Kyoto protocol is also supported by many developing countries around the world. We understand the impact of global warming and of greenhouse gas emissions. We cannot underestimate their impact on Canadians and on people around the world. The impact of global warming on the north, for instance, is critical. My colleagues from Nunavut, Northwest Territories and Yukon will tell us about the impact it is having on tundra for instance and on icebergs.

These are real problems for Canadians. Bill C-48 proposes to some extent investments in remedying some of these issues. Once again, the tie we are making to the importance of staying here is quite relevant.

We are also seeing some radical changes in weather patterns in Canada as a result of global warming. In my province of Manitoba, two or three weeks ago, we had floods like we had not seen in 100 years. Our colleagues in Alberta are now experiencing the same thing.

These are radical changes to weather patterns. I believe they are connected to global warming. Bill C-48 would invest a considerable amount of money, $900 million to be exact, for climate change issues.

I would like to talk about some of the projects that the government has been funding. The tar ponds in Nova Scotia is a good example. This is one project where hundreds of millions of dollars are needed to resolve one problem. I would like to congratulate my colleagues from Nova Scotia who worked extremely hard to ensure that funding went toward cleaning up these polluted sites.

Mine sites in northern Canada are also totally polluted and need millions of dollars to be cleaned up. The government has been very aggressive in investing in the environment, but we could always do more, and we all believe that.

Bill C-48 would allow us to invest in public transit systems. The city of Winnipeg is discussing exactly that. Members from the province of Manitoba, particularly the city of Winnipeg, would know that almost every Winnipegger uses a car. Not many of them use buses because it is a city that is fairly easy to get around in. We would like to encourage those citizens to use buses and reduce greenhouse gas emissions. That is certainly one of our objectives, and it is one of the objectives of Bill C-48. There is an urgency in getting these bills passed.

Bill C-48 will speak to reducing energy costs for consumers who renovate their homes because there is less heat loss and that kind of thing. I really feel that the investment that we will be making is worthwhile and urgent.

The third item in Bill C-48 that we will be investing in with an amount of $1.5 billion is post-secondary education. In the past our government has invested substantially, up to $5 billion a year, in post-secondary education but mostly in the field of research and development.

We realize that it is important to target lower income families to ensure that everyone in Canada has access to post-secondary education. That is certainly one of our objectives. This $1.5 billion investment will certainly assist in attaining that objective.

In my riding I have a university, Collège universitaire de Saint-Boniface. I get to speak to students on a regular basis. My nephews and nieces go to Collège universitaire de Saint-Boniface. One of the challenges they have is that after a four year post-secondary degree the average debt is $26,000 per student.

We can imagine when they go into a different level of education, to a master's degree or a Ph.D., they may end up with debts ranging from $50,000 to $80,000. I believe that we have a responsibility to alleviate some of that debt and invest in our post-secondary education facilities, institutions and in our students.

The fourth item is international aid. This is an area that I am particularly interested in. I used to be a member of the foreign affairs committee. I had a chance to travel to many Asian countries where people talked to us about Canada's role in the world, not only in terms of our prowess in industry and commerce but in terms of the leadership role that we should be taking when it comes to investing in international aid and the respect that we have worldwide.

For me this was an eye opener. It was my first year as a member of Parliament. I would like to say that I believe that Canada has a responsibility. I believe that we should invest this $500 million in international aid. I am one who believes that we have to play a more aggressive role when it comes to international aid. Therefore, this $500 million investment shows clearly that we are in fact taking our responsibilities seriously and following through on our commitments to playing a lead role on the world stage.

I feel that Bill C-48 is urgent and essential to the well-being of Canadians and I am prepared to extend the sitting hours to ensure we deliver on these commitments.

I would like to speak briefly as well to Bill C-38 because we are here I believe to discuss both bills. This is obviously a difficult issue. It has been a difficult issue over the past months that it has been debated in the House. In my three years as a member of Parliament it has been the most difficult decision that I have had to make. I have made my vote count on this issue. I have decided not to support Bill C-38 and in fact I was free to do just that.

However, I also participated in many debates in the House. I sat and listened to members from all parties discuss their opinions on these issues. It was done in a very respectful way on such a delicate and serious issue. I applaud all members of the House for having discussed it in this way because it is an issue that is very sensitive and very close to many people's hearts.

I feel that it was an issue that was debated very strongly in the House of Commons. Opinions were put forth on both sides of the issue. People had an opportunity to express their views on this issue. I feel members have in fact stated their positions.

After having voted several times on amendments and second reading of Bill C-38, I do not see a lot of movement by members. The justice committee has had an opportunity to travel across Canada. In fact, in Manitoba it came not only to Winnipeg but it ensured that it heard people from rural Manitoba. It visited two towns in Manitoba and it was important for rural people to get their points of view across as well because they may not have necessarily the same point of view as the urban community. I thought the justice committee did an excellent job, came back and reported to the House.

Lately a legislative committee had an opportunity to hear witnesses. I am not sure if it was 56 or 64 witnesses who came forward to testify before the committee and express their concerns. If I am not mistaken, an amendment was put forward that would ensure religious organizations had even stronger protection in Bill C-38, if there was ever an issue with that.

We have been debating Bill C-38 for months on end. The government House leader was talking about 200 hours or so of debate. I believe people know where they stand on this item. I am prepared to vote on it. Canadians want us to deal with it. I think we should sit next week and the week following that if we have to in order to continue debating these issues, but we should rectify these issues and deal with them before we leave for the summer break.

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 3:25 p.m.
See context

Liberal

Raymond Simard Liberal Saint Boniface, MB

Mr. Speaker, I could not agree with you more. I do believe that speaking to the urgency of these matters is precisely why we are here. If we do not think this is important, then perhaps we should go home for the summer.

I believe that discussing Bill C-48 and Bill C-38 are essential. I think we should deal with them before the summer break. This is why I am speaking to both of these issues.

I am sorry I have to repeat this for the hon. member, but in my riding health care was the number one issue by far. My constituents are thrilled that we have invested substantially in health care and that we have made some huge modifications.

If members speak to their constituents, I think they will find that affordable housing is at the top of their minds. In every riding members will find constituents who cannot afford to buy condos or pay the high end rental rates.

My riding is no different. St. Boniface is by all means not a poor riding. It is a middle class riding. Again, with the Manitoba economy heating up the way it is and rent going up by 30% or 40%, people are feeling very uncomfortable with whether they can stay in their current housing accommodations. I am one who believes it is critical that we invest more in affordable housing.

I also would like to speak to a specific project in the heart of my riding. St. Boniface is a well to do neighbourhood, but we have one project of 100 units. The project was dilapidated to the point where people had to leave, but they had no place to go.

Under the initiative of the federal government, we brought together the private sector and the two levels of government. We leveraged their dollars and renovated the 100 units. Residents could then stay in their units. Also rent rates were capped for 10 years so people then knew they could afford to stay.

The federal dollars were essential to leveraging other dollars to ensure people remained in an affordable area in their community.

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 3:20 p.m.
See context

Saint Boniface Manitoba

Liberal

Raymond Simard LiberalParliamentary Secretary to the Deputy Leader of the Government in the House of Commons

Mr. Speaker, it is a pleasure for me to rise today to speak to the motion to extend the sitting of the House.

I would like to make it very clear that I will vote in favour of this motion. I am on record as early as Monday this week saying that I would be very interested in sitting to deal with the issues at hand, notably Bill C-48 and Bill C-38. I believe they are critical issues for our government to deal with and we should deal with them prior to the summer break.

I would like to begin with Bill C-48, which deals with an additional investment of $4.5 billion, notably in four important sectors to Canadians: affordable housing, the environment, post-secondary education and international aid.

We will be investing $1.6 billion additional in affordable housing. I always like to see how the decisions we make in the House impact our specific ridings. I would like to talk about some projects that are impacted by the new funds for affordable housing in my riding of Saint Boniface.

We have many opportunities, either during elections or between elections and also at various events during the year to meet with constituents. After health care, affordable housing is undoubtedly the most important issue to my constituents in Saint Boniface. They are elated that we have now dealt with health care to a certain extent. We have invested $41 billion over five years in health care.

Business of the HouseOral Question Period

June 23rd, 2005 / 3:20 p.m.
See context

Hamilton East—Stoney Creek Ontario

Liberal

Tony Valeri LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue with debate on the motion regarding the sittings of the House. When that is disposed of, we will proceed to Bill C-48, the budget legislation, and Bill C-38, the civil marriage bill.

While I will not speculate any further than that, I understand the vote this evening will take place at 8 o'clock. Subsequent to the vote, we will see what legislation we would be looking at in the fall. Essentially I will deal with what we are speaking to after question period. Once the motion is disposed of later this evening, we would then proceed to Bill C-48 and subsequent to that, Bill C-38, the civil marriage bill.

Extension of Sitting PeriodGovernment Orders

June 23rd, 2005 / 1:55 p.m.
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Conservative

Rahim Jaffer Conservative Edmonton Strathcona, AB

Mr. Speaker, clearly one of the things that we have said consistently in the official opposition is there has to be a significant balance of tax relief to Canadians who are so overtaxed. Many of them are unable to make ends meet. We have always said that we would not only help Canadians but would help stimulate the economy as well. My colleague is correct. This is one of the reasons we are opposed to Bill C-48.

One thing is beyond me, and I identified that as an inconsistency in my speech, especially with regard to the government. It is the fact that it wants to try to rush Bill C-48 through the House. We have had extensive debate on Bill C-43 and we supported it. Now that the government has the opportunity to start delivering some of the money encompassed in Bill C-43 too Canadians, the Liberal-dominated Senate is holding up the legislation for no clear reasons.

Our Conservative senators have said that they want to get Bill C-43 through the Senate in one sitting. They want to build on what is in the bill to get the money to the communities and cities and to people who have been waiting for it in areas where Canadians have been struggling. Why are the Liberals holding that up?

Now the Liberals want to extend the sitting of this House to deal with Bill C-48 and Bill C-38, but they have no urgency to get Bill C-43 through the Senate.