Mr. Speaker, your office would have received notice yesterday at 3.20 p.m. that I would be rising on a question of privilege on Bill C-15, the omnibus bill.
I rise on a question of privilege today with respect to the bill, an act to amend the criminal code and to amend other acts. Our ability as parliamentarians to vote on and debate Bill C-15 is impeded because Bill C-15 reflects several unrelated principles, making it impossible for members of the House to cast their votes responsibly and intelligibly on behalf of their constituents.
A member's rights to vote and to be heard properly are well established rights that undisputedly make up the powers enjoyed by members of parliament. In a constitutional democracy, the right of members to vote is fundamental and goes to the heart of our parliamentary system. The 1993 Supreme Court of Canada decision in New Brunswick Broadcasting Co. v Nova Scotia confirmed the constitutional nature of parliamentary privilege on this very basis.
Many of the powers and privileges of members and the House are the result of centuries of practice and convention. The courts have clearly recognized that conventions are part of our constitution. Our legislative procedures, including voting, are part of our historical heritage, our parliamentary traditions and indeed of the privileges collectively of the House and individually of its members.
This matter should be resolved through a question of privilege because the work of members as legislators is being threatened. History will show that omnibus bills bring frustration and dysfunction to the House of Commons and indeed are cause for alarm.
One speaker was prompted to ask on January 26, 1971, which you will find at page 284 of Hansard of that day:
--where do we stop? Where is the point of no return? ...We might reach the point where we would have only one bill, a bill at the start of the session for the improvement of the quality of life in Canada, which would include every single proposed piece of legislation for the session. There must be a point where we go beyond what is acceptable from a strictly parliamentary standpoint.
I would argue that the numerous and unrelated principles in Bill C-15 bring us to the point where we have gone beyond what is acceptable. Bill C-15 is seeking our approval, with one debate and one vote, of eight general topics: first, child luring and child pornography over the Internet; second, animal cruelty; third, amendments to the Firearms Act, the act known as Bill C-68; fourth, criminal harassment; fifth, home invasions; sixth, disarming or attempting to disarm a peace officer; seventh, a substantial reform of criminal procedure in the country; and last, allegations of miscarriage of justice.
This is unacceptable. I believe this bill could, with some justification, be broken down into five general subject areas: first, provisions dealing with child luring and child pornography; second, provisions dealing with cruelty to animals; third, provisions dealing with amendments to the separate act, the Firearms Act; fourth, provisions dealing with amendments to the criminal code and other acts in respect of criminal harassment, home invasions and disarming a peace officer; and fifth, reforming criminal procedure and procedures to address miscarriages of justice.
On page 619 of Marleau and Montpetit it is suggested that historically disputes over omnibus bills are brought about by political interaction. Page 618 describes one of those interactions. It describes how the opposition paralyzed the House for 14 days in 1982.
Fortunately or unfortunately that type of persuasion is no longer available to the opposition. For the record, the opposition attempted to reason with the government and have Bill C-15 divided, but the government was unwilling to listen. Indeed, the minister has reiterated her position and this summer indicated that she would be bringing more bills of this type.
I think, Mr. Speaker, that you have today in your hands the ability to stop this dangerous trend, which is not simply a trend that is oppressive to the opposition parties in the House but indeed is oppressive to the people of Canada who send us here to vote in accordance with their wishes.
With respect to a procedural solution, I have reviewed the rulings on these types of complaints that have been raised in the past and have concluded that a satisfactory procedural remedy is not apparent.
On May 11, 1977, at page 5522 of Hansard , the Speaker shared some of these views. He said:
This still leaves, as it has in the past every time this kind of argument has been put forward, some very deep concern about whether our practices in respect of bills do in fact provide a remedy for the very legitimate complaint of the hon. member that a bill of this kind gives the government, under our practices, the right to demand one decision on a number of quite different, although related, subjects.
I think an hon. member of the House ought to have the right to compel the House to vote on each separate question. Previous rulings have made reference to several devices open to hon. members under our proceedings regarding bills, but it seems to me that each which has been mentioned in the past suffers from at least one weakness.
In the absence of a satisfactory resolution or procedural solution to resolve this matter, in the absence of political will, and given the minister's very clear comments that not only will she refuse to engage in any discussion relating to breaking the bill into separate bills but she in fact intends to pass more of these bills and bring more of these types of bills to the House, I think the powers of the Speaker should be invoked.
I propose that Bill C-15 should not be allowed to proceed any further in its present form on the grounds that it has a tendency to impede the House and its members in the performance of their function and the discharge of their duty.
Parliament is fundamentally about debate. The government's use of this omnibus bill is another attack on our ability to debate. The opposing views of the opposition cannot be properly heard. No matter which way we vote on this bill it will not express our views and the views of our constituents.
Thank you, Mr. Speaker, for your patience. I look forward to your ruling and the comments of others in the House.