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Decentralized Democracy

House Hansard - 62

44th Parl. 1st Sess.
May 2, 2022 11:00AM
Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 12:04:17 p.m.
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I thank members for their interventions. The time provided for the consideration of Private Members' Business has now expired, and the order is dropped to the bottom of the order of precedence on the Order Paper.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 12:04:45 p.m.
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I am now ready to rule on the points of order raised on April 28, 2022, by the chief opposition whip and the House leader of the official opposition concerning, respectively, the admissibility and division of Government Business No. 11. The chief opposition whip challenged the admissibility of subparagraph (b)(ii) of the motion which will prohibit quorum calls after 6:30 p.m. on extended sitting days. The member argued that a 20-member quorum is a constitutional requirement, explicitly stated in section 48 of the Constitution Act, 1867. To this I would add that this quorum obligation is also found in Standing Order 29. The member alleged that the motion would render this requirement meaningless, as there would be no means of enforcing it. He also suggested that the House cannot, by motion alone, alter a constitutional requirement in regard to the minimum presence of members. For his part, the House leader of the official opposition maintained that Government Business No. 11 is an omnibus motion, consisting of several parts, each capable of standing on its own. In his view, the motion could be divided into seven separate questions, each debated and voted on individually, while noting that some parts could be grouped together for debate. Citing instances when this had happened, he asked the Chair to exercise its authority and divide the motion as per his suggestion. The Parliamentary Secretary to the government House leader countered that the motion does not require any division since the unifying theme is to organize the business of the House for the remaining weeks before the summer adjournment. He submitted that similar motions containing many provisions relating to the business of the House have been adopted in the past, without being divided. The Chair will begin by addressing the elements brought forward by the chief opposition whip. While he is correct in stating that certain elements of our procedure are provided for in the Constitution and are not subject to amendment or suspension by motion alone, the Chair does not believe that this is what the motion does. It instead prevents members from drawing the Chair’s attention to the absence of a quorum during a particular part of the sitting. As the chief opposition whip readily concedes, there is ample precedent for such motions, as they are regularly adopted by unanimous consent in relation to debates taking place in the evenings. I find it difficult to conclude that such motions are constitutional when adopted by unanimous consent, but unconstitutional if proposed in a debatable government motion. Secondly, members will recognize that there are already circumstances during which quorum calls are not permitted. For example, Standing Order 29(5) authorizes the Speaker to take the chair when the Usher of the Black Rod is at the door whether quorum is present or not. Moreover, it is a well-established practice that a quorum call is not permitted during Oral Questions, Statements by Members, Adjournment Proceedings or the taking of a recorded division. Therefore, in the Chair's view, this provision alone does not render Government Business No. 11 inadmissible. As for the second matter concerning the division of the said motion, I would like to reiterate the ruling of one of my predecessors, cited by the House leader of the official opposition which can be found at page 65 of the Debates of October 17, 2013: In adjudicating cases of this kind, the Chair must always be mindful to approach each new case with a fresh eye, taking into account the particular circumstances of the situation at hand. Often, there is little in the way of guidance for the speaker and a strict compliance with precedent is not always appropriate. I would suggest, like my predecessors, that the Chair should exercise caution before intervening in the business of the House and, more precisely, before dividing a motion. With this in mind, the Chair has considered the arguments put forward and reviewed the provisions of Government Business No. 11. There is indeed an overall theme to the motion, relating to the management of the House’s schedule and its business, and therefore the Chair does not believe it meets the threshold required to be divided for the purpose of individual debates. However, the Chair does agree that some provisions of the motion are sufficiently distinct to be the subject of a separate vote. Therefore, I rule that the motion will be divided in three parts for the purpose of voting, which are as follows: part I, consisting of paragraphs (a), (b), (c) and (d), relating to the business of the House for the remaining sitting weeks until June 23; part II, consisting of paragraph (e), which relates to deadlines set for the Special Joint Committee on Medical Assistance in Dying; and part III, consisting of the last paragraph that seeks to permanently amend Standing Order 28(1), listing the days on which the House shall not meet. I thank all members for their attention.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 1:28:50 p.m.
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I declare the motion carried.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 1:50:35 p.m.
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The amendment is in order. Questions and comments, the hon. parliamentary secretary to the government House leader.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 2:35:13 p.m.
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Order, order. The hon. parliamentary secretary.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 2:59:27 p.m.
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The hon. member for Beauce.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 3:03:21 p.m.
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The hon. member for Fredericton.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 3:05:12 p.m.
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I will remind the member about the usage of “you”. The hon. minister.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 3:12:47 p.m.
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All those opposed to the hon. member moving the motion will please say nay. The House has heard the terms of the motion. All those opposed to the motion will please say nay. Hearing none, the motion is carried. The Deputy Speaker: Following discussions among representatives of all parties of the House, I understand that there is an agreement to observe a moment of silence in memory of the four officer cadets who lost their lives in Kingston. I will now invite hon. members to please rise. [A moment of silenced observed]
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 3:15:37 p.m.
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It being 3:14 p.m., pursuant to order made Thursday, November 25, 2021, the House will now proceed to the taking of the deferred recorded division on the motions at report stage of Bill C-8. Call in the members. And the bells having rung: The Deputy Speaker: The question is on Motion No. 1. A vote on this motion also applies to Motions Nos. 2 to 10.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 3:27:52 p.m.
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  • Re: Bill C-8 
I declare the motion defeated.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 3:28:32 p.m.
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If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to please rise and indicate it to the Chair.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 3:40:45 p.m.
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  • Re: Bill C-8 
I declare the motion carried.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 3:43:43 p.m.
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All those opposed to the hon. member's moving the motion will please say nay. The House has heard the terms of the motion. All those opposed to the motion will please say nay. I declare the motion carried.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 5:03:12 p.m.
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I declare the motion carried.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 5:03:12 p.m.
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I believe when we left this last, the member for Barrie—Innisfil, the House leader for the official opposition, had two minutes remaining in his question and comment period.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 7:47:38 p.m.
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It is the “intentional” misleading.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 7:48:16 p.m.
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Order. Let us ask the question and let us answer the question as best we can, without others having to talk at the same time. The hon. member for Calgary Shepard.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 8:02:35 p.m.
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It being 8:02 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of government business No. 11 now before the House. Pursuant to the Speaker's ruling earlier today, the first question is on the subamendment, paragraphs (a) to (d) of government business No. 11. Shall I dispense? Some hon. members: Agreed. Some hon. members: No. [Chair read text of subamendment to House] If a member of a recognized party present in the House wishes to request a recorded division or that the amendment to the amendment be adopted on division, I would invite them to rise and indicate it to the Chair.
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Context: House Hansard - 62 - May/2/22
The Deputy Speaker
  • May/2/22 8:09:58 p.m.
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Call in the members. [And the bells having rung:]
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