Justice Committee on Dec. 6th, 2012

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

But do you understand what I mean, Mr. Chair? I'm not sure if those clauses fit within that, but it is something I need to know before I proceed.

[The Chair, Conservative, Dave MacKenzie]

CPC-10 has gone, but CPC-8 and CPC-9 are not gone.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

I'm sorry, Mr. Chair, I was just using those numbers as examples. I want to make sure of the situation. Does it mean that they're ruled out of order because the other amendment passed, which didn't give consideration to Mr. Rathgeber's amendments in particular? Does that mean that the Speaker, obviously, immediately cannot consider those amendments?

That's significant, because they are not ruled out of order by the chair except on the basis that amendment NDP-1 passed.

If we look further at report stage and third reading, it talks about when a committee reports a private member's bill back to the House or is deemed to report a bill back, the order for consideration of the report stage is placed at the bottom of the order of precedence.

I am also wondering whether or not that can be changed with consent of all the parties so that we can move it to the top of precedence, if necessary.

[The Chair, Conservative, Dave MacKenzie]

All of those decisions will be made by the Speaker.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Of course, Mr. Chair, but the Speaker is—

[The Chair, Conservative, Dave MacKenzie]

I am not going to rule for the Speaker at this committee, so the Speaker will make that decision.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

I understand, Mr. Chair. I just want clarity. I was a lawyer for a period of time, so I understand specific words and what they mean, and of course common law is governed by precedent and what took place before in case law, in particular, and the Speaker is bound by that case law as well, as he is by precedent, so I am wondering about the precedent of this particular case.

[The Chair, Conservative, Dave MacKenzie]

I just wish every lawyer would understand the same—

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Lawyers don't understand much, Mr. Chair.

[Voices]

Oh, oh!

[The Chair, Conservative, Dave MacKenzie]

We are dealing with the amendment to the motion.

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

I have a....

[The Chair, Conservative, Dave MacKenzie]

Go ahead, Mr. Rathgeber.

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

I was kidding on the point of order.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

I am serious about that. Does it mean—

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

So am I.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Does it mean...?

My point, Mr. Chair, is significant, though, because it guides what I'm going to do in the next 15 minutes as far as this committee goes, myself personally. I am wondering about whether or not, on the basis of.... You found that because clause 1 stood, all the CPC amendments cannot stand. We did not have the ability to—

[The Chair, Conservative, Dave MacKenzie]

I'll tell—

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

I understand, Mr. Chair.

[The Chair, Conservative, Dave MacKenzie]

—you exactly what the Speaker will say.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

I'm not asking you to do that, Mr. Chair. I'm asking for a specific reference from the legislative clerk, and I'd like to have it quoted on whether that means it's ruled out of order.

[A voice]

They've been dealt with.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

They haven't been dealt with.

[Christine Lafrance]

I will quote from O'Brien and Bosc.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Please.