Evidence of meeting #38 for Justice and Human Rights in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was application.
A recording is available from Parliament.
4:50 p.m.
Conservative
The Chair Conservative Ed Fast
Members, we'll reconvene the meeting.
We have two items to deal with. One is a budget for our study of the Canadian Human Rights Act, specifically section 13 of that act.
You have the budget before you. I'm seeking approval of the budget so that we can move forward and bring in additional witnesses. We have quite a list of witnesses now.
Do I have a motion to do so?
4:50 p.m.
Liberal
4:50 p.m.
Conservative
The Chair Conservative Ed Fast
We have a motion. Is there any discussion?
(Motion agreed to)
Thank you.
The second item is carrying on with the motion that Monsieur Ménard had put on the table and we were in the middle of discussing.
Monsieur Ménard, you had actually made the motion, and committee members were debating it.
I think I would be remiss if I didn't respond to some of the concerns raised on whether the motion is in order. I've sought the advice of committee staff, and I have a ruling on Monsieur Ménard's motion.
Monsieur Ménard has moved the following:
That the Committee conduct an in-depth study of the Cinar case, including the allegations of political interference, to learn why no criminal action was taken against the key players and that the Committee report its comments and recommendations to the House.
As members know, each parliamentary committee works within its individual mandate, as provided in the Standing Orders of the House. The mandate of the justice committee is laid out in Standing Order 108(2) and Standing Order 108(3)(e).
Standing Order 108(2) reads as follows:
The standing committees, except those set out in sections (3)(a), (3)(f), (3)(h) and (4) of this Standing Order, shall, in addition to the powers granted to them pursuant to section (1) of this Standing Order and pursuant to Standing Order 81, be empowered to study and report on all matters relating to the mandate, management and operation of the department or departments of government which are assigned to them from time to time by the House. In general, the committees shall be severally empowered to review and report on: (a) the statute law relating to the department assigned to them; (b) the program and policy objectives of the department and its effectiveness in the implementation of same; (c) the immediate, medium and long-term expenditure plans and the effectiveness of implementation of same by the department; (d) an analysis of the relative success of the department, as measured by the results obtained as compared with its stated objectives; and (e) other matters, relating to the mandate, management, organization or operation of the department, as the committee deems fit.
Standing Order 108(3) goes on to say the following:
The mandate of the Standing Committee on: (e) Justice and Human Rights shall include, among other matters, the review and report on reports of the Canadian Human Rights Commission, which shall be deemed permanently referred to the Committee immediately after they are laid upon the Table;
This motion calls on the committee to conduct a study into the alleged actions of one individual in relation to one specific case. I would note that while this committee is fully able to undertake studies into matters concerning the Criminal Code or policy matters within the Department of Justice, it does not examine or make attempts to determine facts in individual cases. I therefore declare the motion as currently written to be inadmissible, because it exceeds the mandate of this committee.
Monsieur Ménard may not welcome that ruling, but I also remind him that he does have the option to raise the issue or the motion with another committee of the House.
So that's my ruling.
4:55 p.m.
Bloc
Serge Ménard Bloc Marc-Aurèle-Fortin, QC
With all due respect, I would like to appeal your ruling, Mr. Chair.
4:55 p.m.
Conservative
The Chair Conservative Ed Fast
Monsieur Ménard is challenging the ruling of the chair. It's not debatable, so I will call the question.
Shall the ruling of the chair be sustained?
4:55 p.m.
Conservative
The Chair Conservative Ed Fast
We will hold a recorded vote.
(Ruling of the chair sustained: yeas 8; nays 2)
5 p.m.
Conservative
The Chair Conservative Ed Fast
With that, of course, there's no further debate on the motion itself, so we're at the end of our agenda.
The meeting is adjourned.
