I rise on a question of privilege. I feel my rights as a MP have been interfered with as a result of a misinterpretation and misapplication of Standing Order 108(2).
Bill C-46 has come before the House and is currently being debated. This legislation pertains to the production of records in sexual offence cases. I spoken to this bill at second reading and expressed grave reservations about it because I feel it would interfere with the fundamental rights of the accused to defend himself or herself.
The House will carry on consideration of this very bill this afternoon. It still has not finished second reading. Yet as I speak, the justice committee is considering this very legislation under Standing Order 108(2). That makes it very difficult for me because I want not only to hear the debate in the House but I want to put questions to the witnesses who are appearing before the justice committee. I cannot until the debate is concluded in this House.
The justice committee has given itself the mandate to deliberate the subject matter of Bill C-46 pursuant to Standing Order 108(2). When a bill is before the House, the subject matter and the bill are one and the same. If the House is going to consider Bill C-46 right now, it cannot consider it without considering the subject matter. Therefore, if the bill is before the House, the subject matter of Bill C-46 cannot be considered without considering Bill C-46 itself.
Standing Order 108(2) gives the following authorizations to the standing committee to consider the subject matter of a bill or to consider a bill. In fact, when I examine Standing Order 108(2), I do
not find that the standing committee has the right to consider a bill before it has completed second reading.
I draw members' attention very quickly to the points made in Standing Order 108(2). It says:
In general, the committees shall be severally empowered to review and report on:
(a) the statute law relating to the department assigned to them;
I submit that Bill C-46 is not law yet. It is still a bill, therefore the standing committee does not have the power to consider it at this stage. The points go on further and say that the standing committee is able to review:
(b) the program and policy objectives of the department
That does not apply in this case. It can review:
(c) the immediate, medium and long-term expenditure plans
of the department. That does not apply in this case. It can review:
(d) an analysis of the relative success of the department,
et cetera, et cetera. However, that does not apply in this case.
Finally, it says it can review:
(e) other matters, relating to the mandate, management, organization or operation of the department,
I submit that it does not fall within the mandate of the justice committee to deprive a member of Parliament of the opportunity to take part fully in the deliberations of a piece of legislation that is coming before the House.
I wish to hear and to be a part of the full debate of Bill C-46 as it appears in this House so that when the committee does deliberate it, I can go before the committee having all the issues aired so that I can be a part and ask the relevant questions of the witnesses who appear before the committee.
The committee, because of its interpretation of Standing Order 108(2) is denying me the right and privilege of appearing and taking part in the deliberations that are of importance and interest to all Canadians.