Mr. Speaker, I hope to speak to this motion as eloquently as my colleague did just now. I will be moving an amendment at the end of my speech.
The Reform Party has expressed its opinion in its minority report. It feels very strongly, as my hon. colleague has stated here today, that the member for Charlesbourg is clearly in contempt of Parliament because he breached his privileges as a member of Parliament by sending a communique on the letterhead of the Leader of Her Majesty's Loyal Opposition to Quebec born members of the Canadian forces which directly conflicted with the oath of allegiance to Canada sworn by the Canadian Armed Forces members.
According to what constitutes a contempt of Parliament provided by Diane Davidson, general legal counsel for the House of Commons, who was a witness, the communique satisfies the requirement on eight counts. The communique, by contradicting the oath of allegiance and carrying the authenticity and legitimacy of the Leader of Her Majesty's Loyal Opposition, violated the integrity of this House.
The Reform Party maintains that the communique brought the House into disgrace, shame and ridicule. The latter are the first three categories enumerated by Davidson and meeting the requirement of any one of them amounts to a contempt of Parliament.
The next two means of contempt cited are from Erskine May's definition: "any act or omission which obstructs or impedes either House of Parliament in the discharge of its functions".
The Reform Party maintains that the discharge of the function of Parliament has been obstructed and impeded by the communique because it contradicted the oath of allegiance to Canada which came from Parliament and as sworn by the members of the Canadian Armed Forces. The communique impeded and obstructed the discharge of the function of the House to control the Canadian Armed Forces.
The sixth means of contempt is achieved by so-called constructive contempt. It is "misconduct of an indirect nature such as the publication of writings reflecting on the House". The Reform Party believes that the communique reflected on the House, given the letterhead used of the Leader of the Official Opposition, and was a misconduct because it contradicted the oath of allegiance.
Davidson cited the seventh way contempt is committed as that which is "an affront to the House". The Reform Party believes it was an affront to the House for members of the House to answer for this communique which the House as a whole was not provided the opportunity to prevent and would not have supported, given its contradictions to that oath of allegiance of the Canadian Armed Forces.
The member for Charlesbourg took it upon himself to release a document which contradicted another document originating in this House, the oath of allegiance. He released the communique with all the authority of Her Majesty's Loyal Opposition.
Finally, the Reform Party believes that the communique has specifically undermined the institution of Parliament and brought it into disrepute, to use Davidson's words.
The institution of Parliament was brought into disrepute because the Canadian Armed Forces members were forced to compare the
communique to the oath of allegiance which it contradicted. Both documents came from the institution of Parliament, yet they conflict.
The Reform Party agrees with Joseph Maingot, an expert witness on parliamentary privilege, who testified: "The making of an informal charge by the member of the House does not constitute a breach of privilege". He also said: "The freedom of speech that you have in the House is a freedom which the Supreme Court of Canada has set out for over 100 years. The freedom is to bring forth any abuses".
The hon. member for Okanagan-Similkameen-Merritt was exercising his right of free speech when he presented his substantive motion containing a specific charge as required in the House according to Maingot's testimony. You, Mr. Speaker, acknowledged the correct manner in which the matter was brought forth and proceeded to allow the House to deal with the matter. Further, Maingot underlined that the House collectively decided the matter was serious enough and forwarded it to the respective committee.
Finally, Maingot assured the committee that the House of Commons has the power to determine contempt of Parliament. We have the power to freely interpret the terms of reference the committee was given and decide what level of contempt of Parliament has been committed.
The Speaker of the House of Commons ruled that the question of the timing of the point of privilege raising this matter was moot. Matters relating to the timing of the member for Okanagan-Similkameen-Merritt's point of privilege were not a consideration as per the terms of reference for the committee.
The committee has not accomplished the work that it had to do, as we see it. The problem we have here is that we are not preparing our country for the next secession debate. The committee has the duty and the responsibility to work toward making it very clear what the privileges of members of this House are in terms of enticing the Canadian Armed Forces during a secession debate.
The Bloc Quebecois is overjoyed with the work of the committee thus far. The committee has shirked its responsibility and skirted the issues in terms of addressing the issues that need to be addressed. Members of this House could very easily be provided by the committee with guidelines which would make it very clear what the proper conduct of members should be in terms of their communications with members of the Canadian Armed Forces as they relate to secession debates.
The committee through the power of this House has the means to direct the defence department to provide our troops with policy guidelines that would assist them during the next secession debate.
The Bloc Quebecois and the Liberals have tried to obfuscate the business and the work the committee has to do. The Bloc has tried to label this work into some kind of separatism on trial. Nothing could be further from the truth. There can be good work done by the committee.
The government and the Bloc should be working toward preparing Canada for that next secession debate and taking a very responsible stand on the issue. In light of that, I move:
That all the words after the word "that" be deleting and the following substituted therefor:
the 22nd report be not now concurred in but that it be recommitted to the Standing Committee on Procedure and House Affairs with instruction that they amend the same so as to recommend that, at a minimum, the House find the member for Charlesbourg in contempt of Parliament, and determine appropriate sanctions against the Member; and that in any secession referendum or negotiation the House shall be guided by the principle that any interference with the allegiance of members of the Canadian Armed Forces shall be considered behaviour unacceptable and a contempt of Parliament; and that the government instruct the Department of National Defence to draft policies and regulations to guide its members during any secession referendum or negotiation.