Evidence of meeting #21 for Bill C-2 (39th Parliament, 1st Session) in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

On the agenda

MPs speaking

Also speaking

Patrick Hill  Acting Assistant Secretary, Machinery of Government, Privy Council Office
Joe Wild  Senior Counsel, Legal Services, Treasury Board Portfolio, Department of Justice
James Stringham  Legal Counsel, Office of the Counsel to the Clerk of the Privy Council, Privy Council Office
Susan Baldwin  Procedural Clerk
Melanie Mortenson  Legal Services, Office of the Law Clerk and Parliamentary Counsel
Warren Newman  General Counsel, Constitutional and Administrative Law, Department of Justice
Marc Chénier  Counsel, Democratic Renewal Secretariat, Privy Council Office

10 a.m.

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Thank you very much. I would like to speak generally--

10 a.m.

Conservative

The Chair Conservative David Tilson

On a point of order, Ms. Jennings.

10 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

My understanding is that you laid out a number of options for Mr. Martin. The first was unanimous consent. If that was refused, then I believe he had the option of giving a 24-hour notice. If he gives the 24-hour notice, then all debate on this issue ceases until we come back.

10 a.m.

Conservative

The Chair Conservative David Tilson

Mr. Martin hasn't jumped in at this stage. If he wants to jump in, he's quite free, but we're having a debate on the amendment.

Mr. Martin.

10 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

I thought you had a speaking list. I certainly would have intervened, but--

10 a.m.

Conservative

The Chair Conservative David Tilson

I have a long list, Mr. Martin, on the debate on BQ-8. Ms. Jennings is right, to a point. You asked for unanimous consent, and then I do recall you kept it open that you might raise other issues. I didn't hear from you so I didn't go to you.

10 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Well, unless you would be willing to recognize me, I would follow through.

10 a.m.

Conservative

The Chair Conservative David Tilson

Okay sir, you go ahead.

10 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

First of all, I still can't quite believe that all a person has to do is give 24 hours' notice and that's going to table the motion you're debating. Even though it's contrary to my own best interests in this case, I think we're going to have pandemonium if that's the way we go through these 317 clauses.

10 a.m.

Conservative

The Chair Conservative David Tilson

Give me a moment, sir, on that.

If we're going to stand this down until tomorrow, we'd have to have a majority vote on that. We won't be here tomorrow, so until Monday. Ms. Jennings has corrected me, again.

Mr. Martin, you still have the floor.

10 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Thank you, sir. I think what we were all trying to get at was this. This might not even be the right clause, but there should be some transitional provisions when these rules come into effect, as it affects the existing office holder. We will have that with the newly--

10 a.m.

Conservative

The Chair Conservative David Tilson

Mr. Martin, I understand what you and Mr. Owen are trying to do. I'm given these rules by the House and by the committee, and that's all I'm trying to do.

10 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

All right, so perhaps you could accept what I tried to move as a subamendment as a proposed amendment instead, and with due notice, I'd like to table that as a proposed amendment, to be dealt with at a later date.

Is that clear?

10 a.m.

Conservative

The Chair Conservative David Tilson

I need approval from the committee on whether we can stand down these.... I have no problem with your doing that, Mr. Martin, but I need approval from the committee by way of a vote as to whether we can stand down BQ-8 and its clause.

In other words, we would have to stand down your proposal and BQ-8. You could give me notice, but to stand it down I need approval from the committee, with a majority vote.

Is that what you wish, sir?

10:05 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Yes.

June 8th, 2006 / 10:05 a.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

I've got a point that I think might clarify this.

10:05 a.m.

Conservative

The Chair Conservative David Tilson

I'd love to hear that.

10:05 a.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

It might assuage the concerns.

It seems to me that Mr. Shapiro is protected under proposed paragraph 81(2)(b) where it says, or “a former member of a federal or provincial board, commission or tribunal”. Isn't he already covered as one of those in his current position? Isn't he then protected from the automatic lynching you're concerned about?

10:05 a.m.

Conservative

The Chair Conservative David Tilson

We have some people here at the end of the table. Why don't we ask that question of Mr. Wild and his legal people?

10:05 a.m.

Senior Counsel, Legal Services, Treasury Board Portfolio, Department of Justice

Joe Wild

The Federal Courts Act specifically states that:

the expression “federal board, commission or other tribunal”...does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer or the Ethics Commissioner.

So the current commissioner is not a member of a federal board, commission, or tribunal.

10:05 a.m.

Conservative

The Chair Conservative David Tilson

Nice try.

We've got to have a vote.

Excuse me, you have a point of order, Monsieur Sauvageau.

10:05 a.m.

Bloc

Benoît Sauvageau Bloc Repentigny, QC

First, I'd like us to correct the French version because, in French, proposed paragraph 81(2)(b) on page 44 of the bill refers to an opinion of the Commissioner demonstrating that he has expertise in the field, whereas, in English, it states...

10:05 a.m.

Conservative

The Chair Conservative David Tilson

I'm going to ask you to start again, sir.

10:05 a.m.

Bloc

Benoît Sauvageau Bloc Repentigny, QC

In English, it states that the Governor in Council must give his opinion on the Commissioner's experience, whereas, in French, it states that it's the Commissioner that must give his opinion on his experience. In my opinion, we should replace the word “commissaire” in French with “gouverneur en conseil”.

10:05 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Another typo?