Subcommittee on Private Members' Business Committee on Oct. 18th, 2011

[The Chair, Conservative, Harold Albrecht]

I'd like to call to order the Subcommittee on Private Members' Business of the Standing Committee of Procedure and House Affairs.

This is our first meeting. I think all of you have received not only a copy of all the private members' bills, but also the spreadsheet that our analysts have prepared for us to walk through these bills today in an orderly manner.

We will begin with Bill C-317. We will have our analyst give any input that he cares to and then we'll take each item separately in deciding whether or not to include it as a votable item.

[Michel Bédard, Committee Researcher]

This bill will amend the Income Tax Act in order to require that labour organizations provide financial information, available for public disclosure.

This bill does not concern questions that are outside federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as ones before the House or already voted on, and it does not concern questions currently before the House as items of government business.

[The Chair, Conservative, Harold Albrecht]

Are there any questions or comments?

Are all agreed to allow this to proceed as votable? Seeing no opposition, so ordered for Bill C-317.

Now we move on to Bill C-308.

[Michel Bédard]

This bill will establish a commission of inquiry into the development and implementation of a national fishery rebuilding strategy for fish stocks off the coast of Newfoundland and Labrador.

This bill does not concern questions that are outside federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as ones before the House or already voted on, and it does not concern questions currently before the House as items of government business.

[The Chair, Conservative, Harold Albrecht]

Are there questions or comments? No concerns?

Bill C-308 is deemed votable.

Next is Bill C-314.

[Michel Bédard]

This bill will enact the breast density awareness act.

This bill does not concern questions that are outside federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as ones before the House or already voted on,and it does not concern questions currently before the House as items of government business.

[The Chair, Conservative, Harold Albrecht]

Are there questions or comments? Seeing none, we'll consider Bill C-314 votable.

Next is Bill C-310.

[Michel Bédard]

This bill will amend the Criminal Code to add the offence of trafficking in persons as an offence that can be committed outside Canada and for which Canadian citizens or permanent residents can be prosecuted in Canada.

This bill does not concern questions that are outside federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as ones before the House or already voted on, and it does not concern questions currently before the House as items of government business.

[The Chair, Conservative, Harold Albrecht]

Are there any questions or comments?

Seeing none, Bill C-310 is votable.

Bill C-305 is next.

[Michel Bédard]

This bill will establish a national public transit strategy, a strategy that would be established by the Minister of Transport, including a series of goals in consultation with the provinces and territories.

This bill does not concern questions that are outside federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as ones before the House or already voted on, and it does not concern questions currently before the House as items of government business.

[The Chair, Conservative, Harold Albrecht]

Are there questions or comments in regard to Bill C-305?

Seeing none, we'll move on to M-270, Motion No. 270.

[Michel Bédard]

This motion, if adopted by the House, will recognize that the construction and maintenance of public infrastructure plays a vital role in the creation and protection of jobs, and that infrastructure is a strategy that supports vibrant, prosperous, and sustainable communities.

This motion does not concern questions that are outside the federal jurisdiction. It does not clearly violate the Constitution, including the charter. It does not concern questions that are substantially the same as ones before the House or already voted on, and it does not concern questions currently before the House as items of government business.

[The Chair, Conservative, Harold Albrecht]

Are there questions or comments?

Seeing none, M-370 is votable.

Bill C-288 is next.

[Michel Bédard]

This bill will enact the National Flag of Canada Act. This bill does not concern questions that are outside federal jurisdiction.

With respect to the Canadian Charter of Rights and Freedoms, there might be some issues that may be raised with regard to this bill because its drafting is very broad, and it gives the right to display the flag with no restrictions. However, the principle of the bill itself, the right to display the Canadian flag, itself is not unconstitutional. The issues that I have identified are, in my opinion, fixable during the process.

[The Chair, Conservative, Harold Albrecht]

Are there any questions or comments?

Mr. Dion.

[Stéphane Dion, Liberal, Saint-Laurent—Cartierville, QC]

What do we do in this kind of case? You are saying what...? Could you repeat your point?

[Michel Bédard]

Actually, the criteria to be applied by the subcommittee are as follows: Does the purpose of the bill fall within federal jurisdiction? Does the bill clearly violate the Constitution, including the Canadian Charter of Rights and Freedoms?

Bill C-288 grants the right to

display,

display the Canadian flag.

[Stéphane Dion, Liberal, Saint-Laurent—Cartierville, QC]

It grants the right to display it.

[Michel Bédard]

Yes, that's right. It grants the right to display the Canadian flag and prohibits anyone from stopping someone else from displaying the Canadian flag.

[Stéphane Dion, Liberal, Saint-Laurent—Cartierville, QC]

Yes, I understand that. What is your objection?

[Michel Bédard]

There are several issues here. Based on the public statements made by the sponsor, the bill is intended to prohibit, for example, the adoption of bylaws by condominiums that would prevent the displaying of a flag.

In the bill, the right to display the flag is described in very broad terms. I could almost have showed up here today with my Canadian flag. So, I have identified some problems with the bill. It's important to understand that, under section 7 of the Canadian Charter of Rights and Freedoms, a bill that is too broad in relation to the goal being sought, and which includes criminal sanctions, could be declared unconstitutional.

[Stéphane Dion, Liberal, Saint-Laurent—Cartierville, QC]

So, you're saying that, based on the second criterion, this bill could be problematic.

[Michel Bédard]

I am saying that this bill could raise a number of constitutional issues. In my opinion, nothing—

[Stéphane Dion, Liberal, Saint-Laurent—Cartierville, QC]

And that would also apply to the first criterion with respect to federal jurisdiction.

[Michel Bédard]

As I see it, adopting rules regarding the Canadian flag is within federal jurisdiction.