Canadian Heritage Committee on May 21st, 2024

[Philippe Méla]

Indeed, if you were to call me, or if any member were to call me.... I'm sorry. Let me rephrase that. It's not any member. We're talking about Mr. Lawrence and his amendments.

If you were to call me and ask me, “What do you think of my amendments?”, I would give you the procedural advice that I give any member on their amendments. I would say that they're possibly inadmissible or admissible, but I would always add that, at the end of the day, it's the prerogative of the chair to rule on the admissibility of any amendment. Of course, that can only happen when they are moved, so we are in a bit of a situation where you want to do something—

[Philip Lawrence, Conservative, Northumberland—Peterborough South, ON]

You can provide it now. You can provide your advice. It's ultimately the chair's call whether or not to deem them admissible, but in your opinion, Mr. Méla, are CPC‑2 and CPC‑3 admissible?

[The Chair, Liberal, Hedy Fry]

Well, which comes first, the chicken or the egg?

[Rachael Thomas, Conservative, Lethbridge, AB]

It's not difficult. It's just as they stand right now.

[The Chair, Liberal, Hedy Fry]

Mr. Noormohamed.

[Taleeb Noormohamed, Liberal, Vancouver Granville, BC]

Madam Chair, I think the question that Mrs. Thomas has asked is a reasonable question. By no means do I claim any expertise or intelligence, but it would seem to me that, notwithstanding what the vote is, the amendments would be admissible and would or would not work on the basis of a vote on them in their own right.

I think we've spent a lot of time trying to answer whether or not, notwithstanding the result of the vote, the things they have put forward are in fact admissible. I have no issue with putting them to a vote as we ordinarily would.

Does that answer the question you're trying to get to?

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

What did Mr. Méla tell you?

[Voices]

Oh, oh!

[Philip Lawrence, Conservative, Northumberland—Peterborough South, ON]

I'll talk to you on the way out, Mr. Méla.

[The Chair, Liberal, Hedy Fry]

I think inherently these things are admissible, but until we get them on the floor to be voted on, we cannot deal with them. We cannot do that until we dispense with or dispose of G-1 in one way or the other.

I also have a subamendment to G-1 by Ms. Ashton on the floor. I would like to go to that, please.

Ms. Ashton, go ahead with your subamendment.

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Thank you very much.

I'm basing it on the second part of NDP-1. We were under the impression that we could still make this subamendment in our deliberations.

The piece I would like to put forward is to replace line 16 on page 2 with the following:

rights, particularly such rights that are recognized and guaranteed by the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act; and

Essentially, the addition here is a reference to the Canadian Human Rights Act, which we believe is important grounds for court challenges. We know that to be the case from the recent historic court challenge put forward by Cindy Blackstock based on first nations' rights grounded in the Canadian Human Rights Act, so beyond the Charter of Rights and Freedoms.

We are looking to include the Canadian Human Rights Act as part of this important legislation to ensure that people who are fighting for their rights, like first nations, are able to do so on the grounds of the Canadian Human Rights Act.

[The Chair, Liberal, Hedy Fry]

Ms. Ashton, we are still dealing with G-1. Is this a subamendment you are making to G-1, or are you—

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Yes.

[The Chair, Liberal, Hedy Fry]

Okay, you're bringing a subamendment to G-1.

Where exactly would you like that to go?

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

It's line 16 on page 2. Essentially, it is adding “the Canadian Human Rights Act” after the reference to the Canadian Charter of Rights and Freedoms.

I believe we sent a copy to the clerk.

[The Chair, Liberal, Hedy Fry]

Thank you, Niki.

I believe Mr. Méla would like to comment.

[Philippe Méla]

What you are trying to do is propose a new amendment because you're amending lines of the bill, and you should be amending the text of G-1. In order to do that, it would be a subamendment, and you would tell the committee the text that you want to add to G-1 and where it is going.

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Okay. Then the comment about line 16 on page 2 is not enough information in that respect. I understand what you're saying about G-1, but I did indicate the line.

[Philippe Méla]

No. This is because line 16 on page 2 is no longer the same line 16 on page 2 that you have in the bill. Now you have to work with the G-1 as amended, and you need to put your text somewhere in there.

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Right.

Basically, after the reference to the Canadian Charter of Rights and Freedoms, we want to add the reference to the Canadian Human Rights Act.

[The Chair, Liberal, Hedy Fry]

I just want to clarify.

After “the Canadian Charter of Rights and Freedoms”, you want to add “and the Canadian Human Rights Act”. Is that it?

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Yes.

[The Chair, Liberal, Hedy Fry]

Okay.

I think, Mr. Méla, that's a valid subamendment.

[Philippe Méla]

Yes.

[The Chair, Liberal, Hedy Fry]

We're going to discuss the subamendment, which is adding “and the Canadian Human Rights Act” after “the Canadian Charter of Rights and Freedoms”.

Is there any discussion?

Mr. Serré.