Debates of Oct. 24th, 2014

Incorporation by Reference in Regulations Act

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, I am not sure that I have another question, but I was happy to hear the examples. One of the features of our constitutional system is that international treaties cannot have the force of law until implemented through legislation. They also have to follow the division of powers after that.

My colleague has just raised an important element of this. There is another constitutionality dimension besides my concerns about charter compliance in some instances. That is that if international treaties themselves, which may well have been incorporated through lead legislation, contain annexes and appendices that are changing through international decision-making processes, it really does seem to be a form of an end run around our constitutional rule that international law-making, and particularly, treaty-making cannot enter our system until Parliament itself has brought it in.

I wonder if my colleague can comment on that. I know that the other side is likely to say that this is overstating the concerns, but for me, it is a major structural concern. If this is not thought through in terms of the accountability procedures, we could end up basically farming out so much of our future legislation.

[Adam Vaughan, Liberal, Trinity—Spadina, ON]

Mr. Speaker, there is a significant concern. There is also the concern that as it is farmed out, and as it delegated or done by proxy, or that through this bill it is re-regulated, the very text we are quoting as being delegated to or made proxy to can change under our feet without our being notified or having any requirement of being notified. We would end up in a situation where laws are being changed in the absence of Canadian scrutiny. That is a concern.

The goal here is an admirable one. We understand the goal, and we understand the efficiency that is being sought. We all seek to create more efficient systems.

However, as I said, we build in inefficiencies when we delegate to authorities and chambers and bodies making decisions that we have no connection to, no relationship with, and in some cases have no reporting mechanism. We are referencing rules that could be changing, and as a result we are giving an unfair advantage to those entities outside the country to effectively use Canadian law against Canadians in a way that was not expected because the law is not changed and the ability to exploit those changes resides with entities outside the country. Therefore, we are granting them unfair practice and procedure inside our own courts system, and Canadians may be oblivious to this.

We do not need to refuse to pursue these agreements, to abdicate the opportunities that may be presented to knit together, on a global stage, treaties and agreements and trade deals. We need to do that. We understand that, and we live in that world. However, we need to do it in a way that respects the common law traditions, the practices of Parliament, and the Constitution of Canada, including the rights that the member has raised.

[The Speaker, Conservative, Andrew Scheer]

Is the House ready for the question?

[Some hon. members]

Question.

[The Speaker, Conservative, Andrew Scheer]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[The Speaker, Conservative, Andrew Scheer]

I declare the motion carried.

(Motion agreed to, bill read the second time and referred to a committee)

[The Speaker, Conservative, Andrew Scheer]

Accordingly, the bill stands referred to the Standing Committee on Justice and Human Rights.

I believe the hon. Chief Government Whip is rising on a point of order.

[John Duncan, Conservative, Vancouver Island North, BC]

Mr. Speaker, if you seek it, I think you will find unanimous consent to see the clock at 1:30.

[The Speaker, Conservative, Andrew Scheer]

Is there consent?

[Some hon. members]

Agreed.

[The Speaker, Conservative, Andrew Scheer]

The hon. member for Hamilton Centre is not present to move the order as announced in today's notice paper. Accordingly, the item will be dropped to the bottom of the order of precedence on the order paper.

It being 1:30, this House stands adjourned until next Monday at 11 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 12:24 p.m.)