House of Commons Hansard #90 of the 35th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was cigarettes.
Yukon First Nations Self-Government ActGovernment Orders
7:50 p.m.
The Acting Speaker (Mr. Kilger)
Order. I do not want to add to the confusion. Quite to the contrary. While members still want to speak to Motion No. 1, we must continue that debate as I understand it. Unless the member has other remarks he wants to make to Motion No. 1, I will seek if other members in fact want to speak to this motion.
Yukon First Nations Self-Government ActGovernment Orders
7:50 p.m.
Reform
John Duncan Reform North Island—Powell River, BC
Mr. Speaker, assuming I have more time on Motion No. 1, I will carry on.
Yukon First Nations Self-Government ActGovernment Orders
7:50 p.m.
The Acting Speaker (Mr. Kilger)
If the member is going to continue to speak to Motion No. 1 certainly he has the floor, but if he is going to go to any other motion I would have to ask him to give the floor to some other member who might want to speak to Motion No. 1.
Yukon First Nations Self-Government ActGovernment Orders
7:50 p.m.
Reform
John Duncan Reform North Island—Powell River, BC
Just for clarification, am I not restricted to 10 minutes on Motion No. 1?
Yukon First Nations Self-Government ActGovernment Orders
7:50 p.m.
The Acting Speaker (Mr. Kilger)
Correct.
Yukon First Nations Self-Government ActGovernment Orders
7:50 p.m.
Reform
John Duncan Reform North Island—Powell River, BC
These agreements, most of which have not been negotiated and therefore are unavailable for Parliament's scrutiny and which may be amended in any event even if existing prevail over the provisions of Bill C-34, have not been negotiated, go beyond the act and its provisions may be enacted by
law by the governor in council. There is nothing in Bill C-34 which precludes this sort of amendment.
In our view the combined effects of all this is that the legislation has invested parliamentary powers in the First Nations, bureaucrats and the executive branch of government. Surely this is an improper delegation of legislative powers, what the Supreme Court in re Grey, 1918, 57SCR. 157, 165, 171 and 176 referred to as an unlawful and therefore invalid abdication, abandonment or surrender of Parliament's power.
The Constitution of Canada contemplates that legislation be enacted by representative houses of assembly, not by bureaucrats negotiating with First Nations and not even elected members of government executing their executive and administrative functions.
Accordingly, I am concerned that what Parliament is engaged in here is an abuse of power which undermines the integrity of the parliamentary process. Minimally we collectively need more time to think through the consequences of what we are doing. After all we are not faced with a national emergency that requires the best possible but nevertheless instant response of Parliament.
Mr. Speaker, I move:
That the debate be now adjourned.
Yukon First Nations Self-Government ActGovernment Orders
7:55 p.m.
The Acting Speaker (Mr. Kilger)
Is it the pleasure of the House to adopt the motion?
Yukon First Nations Self-Government ActGovernment Orders
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Some hon. members
Agreed.
Yukon First Nations Self-Government ActGovernment Orders
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Some hon. members
No.
Yukon First Nations Self-Government ActGovernment Orders
7:55 p.m.
The Acting Speaker (Mr. Kilger)
All those in favour of the motion will please say yea.
Yukon First Nations Self-Government ActGovernment Orders
7:55 p.m.
Some hon. members
Yea.
Yukon First Nations Self-Government ActGovernment Orders
7:55 p.m.
The Acting Speaker (Mr. Kilger)
All those opposed will please say nay.
Yukon First Nations Self-Government ActGovernment Orders
7:55 p.m.
Some hon. members
Nay.
Yukon First Nations Self-Government ActGovernment Orders
7:55 p.m.
The Acting Speaker (Mr. Kilger)
In my opinion the nays have it.
And more than five members having risen:
Yukon First Nations Self-Government ActGovernment Orders
8:25 p.m.
The Acting Speaker (Mr. Kilger)
Pursuant to order made earlier this day in accordance with Standing Order 78(2), it is my duty to interrupt the proceedings and put all questions necessary to dispose of the report stage of the bill now before the House. Accordingly the motion to adjourn the debate has lapsed.
The question is on Motion No. 1. Is it the pleasure of the House to adopt the motion?
Yukon First Nations Self-Government ActGovernment Orders
8:25 p.m.
Some hon. members
Agreed.
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8:25 p.m.
Some hon. members
No.
Yukon First Nations Self-Government ActGovernment Orders
8:25 p.m.
The Acting Speaker (Mr. Kilger)
All those in favour of the motion will please say yea.
Yukon First Nations Self-Government ActGovernment Orders
8:25 p.m.
Some hon. members
Yea.
Yukon First Nations Self-Government ActGovernment Orders
8:25 p.m.
The Acting Speaker (Mr. Kilger)
All those opposed will please say nay.
Yukon First Nations Self-Government ActGovernment Orders
8:25 p.m.
Some hon. members
Nay.
Yukon First Nations Self-Government ActGovernment Orders
8:25 p.m.
The Acting Speaker (Mr. Kilger)
In my opinion the nays have it.
And more than five members having risen:
Yukon First Nations Self-Government ActGovernment Orders
8:25 p.m.
The Acting Speaker (Mr. Kilger)
Pursuant to Standing Order 76(1)(8) a recorded division on the motions stands deferred.
Yukon First Nations Self-Government ActGovernment Orders
8:25 p.m.
Reform
Dave Chatters Reform Athabasca, AB
moved:
Motion No. 2
That Bill C-34, in Clause 9, be amended, by striking out lines 23 and 24, on page 5, and substituting the following:
"to any other first nation to the extent that the delegation is".
Yukon First Nations Self-Government ActGovernment Orders
8:25 p.m.
The Acting Speaker (Mr. Kilger)
Is it the pleasure of the House to adopt the motion?