Mr. Speaker, on Wednesday, May 31 you indicated that there was some question in your mind as to whether Bill C-292 required a royal recommendation and indicated that you would welcome an intervention to this effect.
As I realize that today is one of the opposition parties' allotted days, I would be more than willing to support prolonging government orders to compensate for the time taken up with my intervention.
I would state at the outset that no government is more committed to improving the living conditions of aboriginal peoples. However, this bill raises important constitutional and procedural issues, which I will outline in my remarks.
Had the right hon. member for LaSalle—Émard introduced a private member's motion calling on the House to express its opinion on the Kelowna accord, we would have had no procedural objections and it would have been at significantly less cost to the taxpayer.
I also noted that the right hon. member, as a long-time parliamentarian, a former minister of finance and a former prime minister, would know the constitutional and procedural restrictions on financial legislation and the law-making process. Yet he has chosen to proceed by way of this bill.
I would like to make three points on this bill.
First, how can Parliament be asked to legislate on the basis of a document which has not been brought before it and which cannot be conclusively identified, particularly on an important issue which has major financial implications.
The bill refers to something “known as” the Kelowna accord. Therefore, what does the bill refer to? Is it a press release which announces commitments made by the previous government of “more than $5 billion” or other papers issued on that date?
I refer you, Mr. Speaker, to the Journals of November 28, 2005, the first sitting day following the conclusion of the Kelowna first ministers meeting. You will note that although the member for LaSalle—Émard was present in the House that day, no document was tabled with respect to the Kelowna meeting on November 25. On this day, the government, then led by the right hon. member, lost the confidence of the House on a vote of 171 to 133 and Parliament was dissolved the following day.
I would further note that the member for LaSalle—Émard knew that this vote was pending when he issued his press release on Kelowna on November 25.
I would ask you, Mr. Speaker, to consider whether the bill is procedurally acceptable in light of the fact that parliamentarians cannot be expected to vote on something which is clearly not before them and which is neither part of the record of Parliament nor included in the bill and which cannot be exclusively identified.
I would therefore ask you, Mr. Speaker, whether it is an imperfect bill and if so, I would invite you to strike it down immediately.
Second, if the member opposite alleges that the bill seeks to implement the commitments of “more than $5 billion” in the press release issued by the former prime minister, this would clearly require a royal recommendation.
Indeed the press release, which I will table before this House, was full of statements about the expenditure of money, including significant commitments beyond those authorized by Parliament for the 2005 budget and estimates. Clearly, if the bill requires the implementation of that announcement, the bill would impose a new expenditure.
While Bill C-292 does not refer to any specific dollar amounts, I would point to page 711 of Marleau and Montpetit, which indicates that there are two cases where such a bill requires a royal recommendation, namely: appropriation bills and bills which authorize new charges for purposes not anticipated in the estimates.
The previous government's main estimates and budget did not cover the spending in the November 25 press release and the main estimates tabled in the House on April 25 did not provide for the “more than $5 billion” announced on November 25. To implement the former prime minister's press release would oblige new expenditures not authorized by Parliament.
The press release issued yesterday by the member for Winnipeg South Centre stated that there was money set aside for the Kelowna accord. However, the former prime minister's November 25 press release recognized that the Kelowna accord included commitments beyond those authorized by Parliament for the 2005 budget. The fact remains that the new funding was not authorized by Parliament and, therefore, the bill requires a royal recommendation.
Hon. members across the way may argue that the funding to implement Kelowna was booked in the economic and fiscal update presented in November 2005. However, this cannot be the case, as the economic and fiscal update was presented on November 14, 2005, 11 days before the Kelowna meeting.
Although the previous government may have intended to request this funding from Parliament, this does not change the fact that it did not. Booking funds in a fiscal framework does not constitute parliamentary authorization for such expenditures.
I would emphasize that as Erskine May indicates, at page 763 of the 22nd edition:
If there is any doubt on the matter and it appears that the new proposal may entail an extension of previously enacted purposes of expenditure or an increase in the expenditure potentially liable to be incurred in pursuit of such [money], a money resolution will be required.
On the other hand, if the members opposite wish to argue that the bill does not require a royal recommendation, this would mean the bill carries no financial implications for the government, which brings me to my third and final point.
If by the “Kelowna accord” this bill refers to a document entitled, “First Ministers and National Aboriginal Leaders--Strengthening Relationships and Closing the Gap,” which I will table, I would note that this document contains no dollar amounts, not even signatures, and that the bill does not refer to this document specifically. If it is argued that this document contains no spending, then the logical extension of that argument is that the bill does not in fact require any financial expenditures and the government would not be under any statutory obligation to make the specific expenditures to implement the money identified in the former prime minister's press release. In fact, it could be argued that it is just another example of empty rhetoric.
If this bill were to pass, the custody of the consolidated revenue fund will move to the courts. To prevent that from happening, both the constitution and the Standing Orders require the Speaker to be vigilant in upholding the financial initiative of the Crown. I want members opposite to be clear on the government's position.
If you find, Mr. Speaker, that the bill does not require a royal recommendation, should Parliament adopt this bill, the government would be under no legal obligation to make any of the specific funding commitments made by the former prime minister's press release. Further, it could not oblige the government “to take all means necessary to implement the terms of the accord” in a manner that would require the expenditure of funds.
If this is the case, exactly what kind of bill would the House be considering? Would it not be a bill filled with empty promises? It would be a meaningless shell bill created for partisan purposes, which ignores the choices that Canadians made on January 23? Would it not result in a bad law and set a dangerous precedent where Parliament is asked to give statutory meaning to documents not before the House?
The government is acting to improve the lives of aboriginal peoples in the country, but with real money and not with meaningless bills. This matter goes to the heart of the principle of responsible government and the financial initiative of the crown and the legislative role of the House.
I am prepared to table those documents.