National Flag of Canada Act

An Act respecting the National Flag of Canada

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

John Carmichael  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

The purpose of this enactment is to ensure that all Canadians are encouraged to display the National Flag of Canada.

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.

Votes

March 28, 2012 Passed That the Bill be now read a third time and do pass.
Feb. 1, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Canadian Heritage.

The House proceeded to the consideration of Bill C-288, An Act respecting the National Flag of Canada, as reported (with amendments) from the committee.

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7 p.m.


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The Deputy Speaker Denise Savoie

There being no motions at report stage on this bill, the House will now proceed, without debate, to the putting of the question on the motion to concur in the bill at report stage.

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7 p.m.


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Conservative

John Carmichael Conservative Don Valley West, ON

moved that the bill, as amended, be concurred in at report stage.

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7 p.m.


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The Deputy Speaker Denise Savoie

Is it the pleasure of the House to adopt the motion?

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7 p.m.


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Some hon. members

Agreed.

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7 p.m.


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The Deputy Speaker Denise Savoie

I declare the motion carried.

(Motion agreed to)

When shall the bill be read a third time? By leave, now?

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7 p.m.


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Some hon. members

Agreed.

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7 p.m.


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Conservative

John Carmichael Conservative Don Valley West, ON

moved that the bill be read a third time and passed.

Madam Speaker, I am honoured to take the floor today to speak to my Bill C-288, An Act respecting the National Flag of Canada.

I would first like to say that the bill reflects my interest in an issue that is dear to all of us, that goes beyond merely displaying our flag. This is an issue that appeals to our sense of pride and especially how we choose to express it.

The bill affirms the right of every Canada to display their patriotism wherever and whenever they wish. From Vancouver Island in the west to Newfoundland in the east, from Nunavut, the Northwest Territories and the Yukon in the north, to other Canadian provinces in the south, Canadians must feel free to display their national flag. This is a symbolic gesture that we must encourage, a patriotic act that helps shape our identity and create a sense of belonging to our country. It is often the symbolic gestures and strong images that remain in people's collective memories.

Since its tabling on September 27, 2011, Bill C-288 has been the subject of numerous comments by members of Parliament in the House. These comments are proof that this issue strikes a sensitive chord, which goes to the heart of our identity. Indeed, the flag is a symbol of our identity, of who we are. It reminds us of what it means to be Canadian.

Whether at home or abroad, the Canadian flag represents us and embodies our values. Whether sewn onto a backpack, carried by one of our athletes, painted on the cheek of a child or saluted by a veteran, it is viewed around the world as a symbol of freedom and democracy. The flag expresses the pride that we feel and everything that we believe in and cherish as Canadians.

We have heard the comments made by the members of Parliament in the House. Some expressed their concerns about the restrictive nature of the bill. We have heard these comments and these responses and the members of the Standing Committee on Canadian Heritage took them into consideration during their study of the bill. It was agreed to make amendments to the bill in order to reflect the feedback received. These amendments will perhaps help alleviate these concerns and, I hope, win the support of the majority.

The proposed amendments are aimed primarily at encouraging Canadians to display the flag wherever they want and as often as they wish. For example, one of the amendments encourages the managers of multiple unit residential buildings to allow the maple leaf flag to be displayed. Whether renters or property owners, Canadian citizens will therefore be encouraged to show their patriotism and express their pride, wherever and whenever they consider it fitting to do so.

The simple act of flying the flag helps reinforce our attachment to Canada. It is a unifying act that helps bring together Canadians of all ages and from all walks of life. It also connects us to our history, which is a fundamental element of our common identity that must be able to unite us in its inclusive reality.

On February 15, we marked the 47th anniversary of the maple leaf flag. This day was an opportunity to pay homage to this important symbol of our country. The history of the maple leaf dates back to 1965, when it was raised for the first time at exactly 12 noon on Parliament Hill, right after the Canadian red ensign had been lowered. At every Canadian diplomatic mission in the world, from the lush tropics to Canadian missions in frigid climates, a similar ceremony took place simultaneously to mark the event. It was also raised at the same time in communities across the country.

Few Canadians expected the new flag to achieve immediate renown, yet it was the only flag in history to consist of a single maple leaf and it came to be recognized instantly by its simplicity wherever it was flown. As our most precious national symbol, our flag continues to instill pride in our history and to inspire us with confidence in the future.

In the last few years, we have had multiple opportunities to feel a great sense of pride as Canadian throughout the land. Indeed, who can forget the joyous and festive mood that reigned across the country when the Royal Highnesses, the Duke and Duchess of Cambridge, honoured us with their visit in the summer of 2011. The maple leaf flew proudly in every city, town and village they visited as a salute to our vast country.

At the Vancouver Winter Olympics in 2010, we felt a tremendous sense of pride in watching our athletes parade by. From one end of the country to the other, many Canadians proudly displayed the flag in honour of our sports heroes and we all took pride in seeing the flag raised 26 times to celebrate our medallists.

The red and white maple leaf will fly again at the upcoming London Olympic Games to be held in a few months from now. How many of us will once again be proud to see our athletes carry the national flag? How many of us, as a sign of solidarity and encouragement, will be moved to display the flag in front of our house, or business or on the balcony of our apartment? How many of us will truly feel free to do so?

The desire of Canadians to express their attachment to their country is something that we should not only applaud but encourage. This is precisely what the bill respecting the national flag hopes to achieve. It encourages and supports the expression of our pride. It allows every Canadian to display his or her patriotism in red and white. It brings us closer together.

Across this great land, our government is preparing major celebrations to give Canadians an opportunity to commemorate events that have forged the Canada of today. I am thinking in particular of the preparations to mark the War of 1812, the Queen's Jubilee and the 150th anniversary of Confederation. Our government recently unveiled it program of events to mark these two anniversaries, which culminate in a major celebration of the 150th anniversary of Canada.

I would like to say a few additional words about these celebrations.

First, the 200th anniversary of the War of 1812 highlights an important event in our history. This conflict helped define what we are today: an independent country with its own parliamentary system. Part of being an independent country is to adopt symbols and ceremonies particular to a new nation.

This year is also the year of the Diamond Jubilee of Her Majesty Queen Elizabeth II. The 60th anniversary of the accession of Her Majesty to the throne reminds us of the central role that the Crown plays, and has played, in the evolution of our nation. Her Majesty has a special relationship to Canada and she embodies the values of the nation. When we fly our flag, we showcase these values, regardless of whether we speak them aloud or describe them in detail. The flag speaks for us.

I would like to draw attention to a very particular time of year in Canada: the end of June and the beginning of July. For school children, this is exciting because summer vacation begins. For parents, this time of year means summer camps and family vacations. For all Canadians, this time of year means warmer weather and sunshine. However, there is also a very real sense of anticipation because it is a distinctly Canadian time of year as we approach Canada Day.

Every year Canadians and visitors are invited to take part in an 11-day lead up celebration called “Celebrate Canada”, which takes place from June 21 to July 1. This is a unique national undertaking that gives everyone across the country an opportunity to organize events together. Families and friends, social and cultural groups, communities, towns and cities, at every level come together to discover and appreciate the wealth and diversity of Canadian society. At these events, it is the flag that waves proudly.

In the week and a half before Canada Day, citizens from every part of this nation focus on celebrating the best of what it means to be in community. The flag is omnipresent at the end of June and beginning of July because of Canada Day, because of street parties and barbecues that engage Canadians of every age. Whether each citizen realizes it or not, the increase in the use of the flag at this time of year creates an attachment not only to the flag itself, but to the communities in which we all live and thrive. Canadians show their love of Canada and pride in being Canadian throughout the year, but in the ramp-up to Canada Day, as the flag is displayed at celebrations, we all respond with excitement and anticipation.

These events provide numerous opportunities to celebrate our history and display our patriotism. The events that we are talking about are widespread and diverse. The flag is not simply flown from municipal buildings or at official events, but at all manner of gatherings organized by ordinary and proud Canadian citizens. From neighbourhood block parties to sporting events, garden parties to Canada Day rallies, bonfire parties and community beautification projects, celebrating Canada is taken seriously and this is intimately related to our national display of the flag. Such celebrations help awaken the pride of all Canadians.

This bill encourages Canadians to mark the unique nature of these celebrations by flying the maple leaf in every community. It also invites all Canadians to take advantage of these festivities to learn more about the history of our flag and what it represents. Canadians all develop a sense of excitement at the end of June that probably goes largely undiscussed because it has become so normal, so expected, so Canadian to look forward to the excitement and parties that we enjoy as a nation.

In taking the time to celebrate, we realize how privileged we are to live in a country as wonderful as Canada. Many Canadians demonstrate their pride and joy by raising the national flag. This bill encourages them to do just that.

I rose today to talk of the flag, to talk of what it means to be Canadian, of the momentous occasions in our history that have given us a shared sense of community, despite geographical and historical differences. I hope all members of the House have found themselves reminiscing about a celebration they have attended over the years, of meeting with neighbours and friends or watching fireworks with thousands of others on Canada Day. I hope my hon. colleagues have heard stories from their constituents about how much they value the flag and how much they desire to feel free to fly the flag wherever they live.

I am confident that the flag will continue to unite us, to move us, to be the symbol that we reach for in moments of sadness and great joy. I am proud to support this bill and count myself among those Canadians who will fly a flag again this year.

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7:15 p.m.


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NDP

Andrew Cash NDP Davenport, ON

Madam Speaker, I have a lot of respect for my hon. colleague from Don Valley West as a fellow Toronto colleague. I am thankful for the opportunity to talk about the excitement that largely goes undiscussed, although I did not realize it went undiscussed.

This bill is significantly different from the one that came before this place at second reading. The other bill sought to criminalize those who, for a variety of reasons out of their control, would not be allowed to fly the flag and the government side voted for it, including the Prime Minister. I feel a little bad for my colleague over there. It seems his bill has been neutered.

He was going for the jugular in that bill. What happened?

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7:15 p.m.


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Conservative

John Carmichael Conservative Don Valley West, ON

Madam Speaker, when the bill was first developed, many individuals said that it is already the right of any Canadian to fly the flag any time they wanted. However, as I developed the bill, it became very apparent that it is not the right of every Canadian. If people live in an environment where there is a ratepayers' association, a condominium board or any other type of jurisdiction that will not allow it, then those Canadians cannot freely fly the flag.

When we developed the bill, yes there were some harsh penalties for those who would not allow someone to fly a flag, for example, a condominium board or ratepayers' association. I still believe, quite frankly, that it should be a Canadian's right to do that. However, as we discussed this at committee and as we heard from Canadians, the penalties were far too harsh and so two amendments--

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7:15 p.m.


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The Deputy Speaker Denise Savoie

Order, please. I would like to give the opportunity for a few more questions.

Questions and comments, the hon. member for Bonavista—Gander—Grand Falls—Windsor.

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7:15 p.m.


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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Madam Speaker, I would like the member to continue what he was saying about the amendments that he brought in regarding this bill.

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7:20 p.m.


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Conservative

John Carmichael Conservative Don Valley West, ON

Madam Speaker, we heard from Canadians on the initial reading of the bill. It became apparent very quickly, and at amendment time I agreed, that this bill was far too strict in its penalties. We had a reasonable discussion with my colleagues, particularly at committee. We agreed that those amendments were appropriate and that this bill, which would establish law making every Canadian free to fly the flag, was the right thing to do regardless of the penalty.

Do I feel neutered? No, to my colleague, I do not.

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7:20 p.m.


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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Madam Speaker, I want to thank the member for the bill, for working with Canadians and listening to Canadians with respect to changing the bill.

I have a fond respect for the flag. My father was in the Second World War. I remember learning how to fold the flag and raise it on the flagpole in our backyard in every home we had. I wonder what the member's earliest memories are in relation to his attachment to the flag. What brings him here today to honour Canadians, our troops and all of Canada with this bill?

National Flag of Canada ActPrivate Members' Business

March 14th, 2012 / 7:20 p.m.


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Conservative

John Carmichael Conservative Don Valley West, ON

Madam Speaker, my earliest memories were always having a flagpole in our yard at my parents' home. Absolutely, it was something we had pride in as a family. My parents taught me pride in our flag which was the genesis of my pride in the nation and in the flag that represents us.