Mr. Speaker, I would like to contribute to my leader's point of order with regard to the tabling of the Kyoto accord.
I would like to caution the government about observing procedural matters. It is our responsibility to ensure that procedural requirements are observed since the courts have the legal power to enquire into the procedural history of any matter that has been dealt with by Parliament. On page 186 of Joseph Maingot's second edition of Parliamentary Privilege in Canada it states:
It is said that “the courts might be effective in ensuring the observance of procedural requirements...”
When we knowingly cast doubt upon the legitimacy of our proceedings we place the entire institution under a cloud. As the House is aware, international co-operation was established under the 1992 United Nations framework convention on climate change and the Kyoto protocol of 1997, named after the city in Japan where the agreement was negotiated.
This all began in 1988 when the intergovernmental panel on climate change established internationally agreed upon assessments of the science of climate change, including causes, impacts and possible responses.
On September 2, 2002, the Prime Minister announced at the world summit on sustainable development that the Parliament of Canada would be asked to vote on the ratification of the Kyoto protocol before the end of the year. The Speech from the Throne on September 30, 2002, also referred to the introduction of a parliamentary resolution before the end of the year.
While the federal executive has the authority to sign or ratify any international treaty the authority to implement it must be found within domestic Canadian constitutional law.
All legislative power in Canada is divided between the federal and provincial governments. If the two levels of government agree to implement Kyoto or any other treaty, they can do so. However previous environmental treaties and agreements have generally been implemented through legitimate federal-provincial co-operation.
The government is faced with many obstacles with the Kyoto protocol: constitutional obstacles, procedural obstacles and political obstacles. We need to see the treaty before we can properly address the procedural and political obstacles. Political arguments and constitutional arguments will continue to be made in the weeks and months ahead. We need to settle the procedural requirements before proceeding with the motion to ratify the Kyoto protocol.
The procedural arguments made by the Leader of the Opposition are well taken. We must ensure that the House observe the procedural necessities involved with such a treaty.
In order to consider a treaty that must be ratified the federal government must have the domestic constitutional jurisdiction to either undertake the required actions or to pass the required legislation. The government must respect the convention that the treaty be tabled in the House so that members, as legislators, can completely consider the ratification, implementation and financial aspects of the treaty. The House is not prepared to sign a blank cheque.
It has been demonstrated that the motion to ratify the Kyoto protocol is out of order for at least two reasons: it violates a previous order of the House; and it violates the convention that requires the treaty to be tabled in the House. Our whip will rise later on a separate point of order.