—victims of criminal justice act, and there are in the provisions of the bill a provision of remuneration and expenses for the ombudsman, plus the hiring of staff.
Typically, this would not be a matter that could be brought under private members' business, as it would be a contravention of section 54 of the Constitution Act 1867. However, I do want to note that...and let me read section 54 of the Constitution.
It provides that:
It shall not be lawful for the House of Commons to adopt or pass any Vote, Resolution, Address, or Bill for the Appropriation of any Part of the Public Revenue, or of any Tax or Impost, to any Purpose that has not been first recommended to that House by Message of the Governor General in the Session in which such Vote, Resolution, Address, or Bill is proposed.
As you know, there is no actual royal recommendation attached in the bill, however there is an attempt in this particular bill to add an interesting section at the very end of the draft bill, section 26, which is a coming into force provision, which basically provides a subject to royal recommendation provision.
The text of this particular clause under section 26 of Bill C-343 reads:
26.1 Subject to subsection (2), this Act comes into force on a day to be fixed by order of the Governor in Council. 26.2 No order may be made under subsection (1) unless the appropriation of moneys for the purposes of this Act has been recommended by the Governor General and the moneys have been appropriated by Parliament.
From my perspective it sets a really interesting precedent if we allow this to move forward. It is an attempt, from my perspective, to do something indirectly what you can't do directly, which is to circumvent the prerogative under the royal prerogative process with respect to the use of spending under both section 53 and section 54 of the Constitution.
If we were to allow this bill to move forward, it would be my view that it would allow future bills to use a very similar provision to get around... We would end up with a whole series of potential bills on the books that would be subject to a future royal recommendation. I'm not sure that this is a particular precedent that we want to set.
This is sort of a grey area. I want the comments of my colleagues and, perhaps, from the clerk as well, or the analyst, whether from their perspective this is a votable bill. I am of the view that it should not be.