Evidence of meeting #24 for Procedure and House Affairs in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.
A recording is available from Parliament.
Bloc
Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC
The election would therefore be automatically postponed to Tuesday.
General Counsel, Constitutional and Administrative Law, Department of Justice
Yes.
Liberal
Marcel Proulx Liberal Hull—Aylmer, QC
My question has been partly answered, but there's a nuance in the amendment in comparison with the proposed bill. In the amendment, in English we're talking of a “holiday” and in French we're talking of a “jour férié”. Presumably, Mr. Dewar means that the holiday is definitely a “jour férié”. But I would like to know from the experts the difference, potentially, between “un jour férié” and what they call
“a day of cultural or religious significance.” We understand the words “a provincial or municipal election” but, Mr. Chairman, according to experts, what is the definition of the words, “a day of cultural or religious significance”? What is the difference between that and a statutory holiday?
General Counsel, Constitutional and Administrative Law, Department of Justice
Let’s take the example of Yom Kippur or another Jewish holiday that usually falls in the month of October and that are important religious holidays, very significant for the Jewish people. There is also Ramadan. These holidays do not necessarily correspond to the statutory holidays on our Canadian calendar.
Liberal
Marcel Proulx Liberal Hull—Aylmer, QC
If I may....
In your opinion, are statutory holidays covered in the Bill? Statutory holidays are not mentioned; only cultural and religious holidays are referred to. It therefore covers, as you have just explained, holidays of a religious nature. What if we decided one day to establish a statutory holiday in the month of October to honour, for example, parliamentarians? Would it be covered by this Bill?
General Counsel, Constitutional and Administrative Law, Department of Justice
In my humble opinion, it would be covered under the word “cultural” because in such a case, it would involve an element of culture rather than religion. I therefore believe the wording of the Bill would encompass this aspect.
Liberal
General Counsel, Constitutional and Administrative Law, Department of Justice
Yes.
Liberal
Marcel Proulx Liberal Hull—Aylmer, QC
Then, in this case, Mr. Chairman, I will oppose the amendment.
Thank you.
Liberal
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
That is all for me. Mr. Proulx has covered the subject.
NDP
Paul Dewar NDP Ottawa Centre, ON
The spirit of this amendment was simply to be explicit, because this would be placed at the beginning of the bill. Later in the bill we talk about criteria and ways to deal with this.
My concern was to give more flexibility. I also wanted to make sure that we are explicit to those who serve Parliament. It's always good to have clarity for those who are serving Parliament and thus serving the population.
I understand the concerns people have. Later in the bill, the exception clauses pretty much say what I had intended. As long as the flexibility is there, I'm glad to hear that we would be looking at setting dates according to religious holidays. Eid has just happened, and I'm not sure it had been considered in the past. If it is considered in the future, I'm happy with that.
The intent of this was to be explicit, to make sure there was clear direction given to all who have to work with legislation and to make sure that the people who have the flexibility are people who are elected by citizens. I'm still a little concerned about that, because it's not as explicit. Certainly a formula is there and some suggestions, but I'll wait for the vote. Thank you.
October 24th, 2006 / 11:50 a.m.
Conservative
The Chair Conservative Gary Goodyear
Thank you, Mr. Dewar.
I believe the committee is ready for the question. It's proposed that Bill C-16, in clause 1, be amended by adding after line 17 on page 1 the following:
(3) Despite subsection (2), if the third Monday of October is a holiday, the general election must be held on the following Tuesday.
(Amendment negatived)
Conservative
The Chair Conservative Gary Goodyear
Thank you.
NDP-3 has been withdrawn.
I believe NDP-4 and NDP-5 were consequential to your previous amendment, so they are withdrawn as well.
That leaves us, ladies and gentlemen, with amendment BQ-3. Despite the fact that the Bloc's earlier motion by Monsieur Guimond was defeated, I think this could serve as a stand-alone motion.
I would ask that you consider leaving it on the floor or withdraw it. I'll leave that question to you at this moment.
Thank you.
Bloc
Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC
Mr. Chairman, we will withdraw Amendment BQ-3.
Conservative
The Chair Conservative Gary Goodyear
Thank you.
Amendment BQ-3 has been withdrawn, ladies and gentlemen, so let's revert to the bill again
Shall clause 1 carry?
Bloc
Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC
On division.
(Clause 1 agreed to on division)
(Clauses 2 and 3 agreed to)