Mr. Speaker, we have all been following the remarks of colleagues very closely on this important issue. As much as we would like to conclude debate and have the matter dealt with, I would hope that most of us would want to see the matter go to committee, rather than taking up the time of the House.
Certain things have to be said and certain things have to be clarified and I would like to focus on two or three of them now.
The process which I support is one that would cause the motion to be amended, as has been moved, and referred to a committee. The importance of amending the motion before it is referred to a committee lies in two or three reasons.
The first reason is that all of us in the House, I am sure, wish to accord to each other over the period of our service here the utmost in procedural fairness and respect.
The manner in which this motion was originally framed, although perhaps it was not intended, alleges that the action of the hon. member who was cited was seditious. His action may or may not constitute sedition. It may or may not constitute something else in the Criminal Code. It may or may not constitute something else again, simply involving the appropriate activities of a member of the House of Commons. Clearly there are some questions on which we are not clear and the precedents do not teach us well.
The motion should be reframed and the matter should be sent to a committee in a manner which will not prejudge precisely what the error was, if any, that occurred by the action which was taken by the hon. member.
Every one of us has an interest in ensuring procedural fairness. Today I have heard suggestions from the leader of the official opposition about this being a kangaroo court. I could be critical of that. In saying that he does a disservice to himself, to his colleagues and to all of us in the House by prejudging that something which we will put in place, something which we will do, will constitute a kangaroo court. I know that all members of the House will not let that happen.
I want to see the motion amended. I have concerns about the way the matter is being framed here in the House with constant references to sedition. There is no need to frame this as sedition.
The Leader of the Opposition and other speakers have attempted to define what sedition is. In each case they failed to take note of the very clear words in the Criminal Code that define sedition as more that just the presumptive words referring to use of force or violence.
I will read them. Just in case anyone wants to refer to it, it is section 59 and it states: "Without limiting the generality of the expression, seditious intention, everyone shall be presumed to have a sedition intention who does (a), (b) and (c). But the definition clearly says "without limiting the generality of the meaning of the expression, seditious intention". Where do we find out what seditious intention is? It is more than just the presumptive words.
The last case that dealt with this was Boucher v the King in the 1950s. The court was divided but it spoke. In my reading of that case, sedition does not just involve words or encouragement of the use of force in promoting public disorder. There are other elements to it. We should not refer this to the procedure and House affairs committee without acknowledging the fact that we are not just talking narrow words of sedition that have been described here. Sedition is more than that.
Even beyond that, the action by this member should not be seen as potential sedition. There is another section in the Criminal Code that has nothing to do with sedition. Section 62 makes no reference to sedition, but it does say: "everyone who willfully publishes, edits, issues, circulates or distributes a writing that advises, counsels or urges insubordination or disloyalty by a member of a force"-meaning the armed forces-"is guilty of an indictable offence". It says nothing about sedition.
The original motion in the House clearly referred to sedition. In my view that is too narrow. We must look at other aspects of the action by the member. It is possible he may not have been wilful. We do not know. The committee will probably look at that. However, we must determine whether he did what has been alleged here because we all have a concern about this.
I take another step and urge the acceptance of the amendment to the motion. We are not directly concerned here as a public prosecutor would be about whether there might have been sedition or that there might have been a counselling to disloyalty of a member of the armed forces. We are looking at whether a member of the House misused his office, resources, his taxpayer provided
resources, all the privileges he has in the House, for an act that would bring contempt on the House.
The original motion does not reflect that aspect. That is another reason why the motion should be amended.
I also heard the word treason mentioned. The word treason should not have come up. I think we have free speech here within the limits of the Criminal Code. Treason has not come up. It is a non-issue. No one has alleged, as the leader of the official opposition has alleged, that there was some type of treason. There is no connection between what has happened here and the political viewpoint of a person in the province of Quebec who may or may not wish to see his or her government take certain actions in the future. This is not an issue that involves sovereignty or separatism or secession.
We are dealing with the actions of a member of Parliament in using his resources to do something that may have been a breach of our law or a breach of the rules of the House. I have every expectation that we can fairly accommodate that in the procedures we have in this House. In my short career here I have seen three or four procedures involving the bar and motions for contempt.
We have difficulty from time to time when some of us-we are political animals-politicize these incidents. I would encourage members on both sides to please try in this case to avoid politicizing it to the degree to which we are all capable, especially because the raison d'être of the Bloc Quebecois is arguably related to the actions of that member. I would not want us to be blind to the fact that we all could politicize this past the point where we have the ability to act fairly: fairly in relation to the member, fairly in relation to ourselves and the precedent we may or may not set for dealing with these kinds of actions in the future.
I want to see the motion amended. I want to see the matter dealt with. I have confidence in the abilities of members on both sides of the House who will sit on the procedure and House affairs committee to dispose of this matter fairly.