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Decentralized Democracy

House Hansard - 85

44th Parl. 1st Sess.
June 9, 2022 10:00AM
Context: House Hansard - 85 - Jun/9/22
Mr. Michael Barrett
  • Jun/9/22 6:56:26 p.m.
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  • Re: Bill C-5 
Mr. Speaker, on a point of order. I know we cannot call for quorum based on the unconstitutional provisions of Motion No. 11 brought forward and adopted by the NDP-Liberals, but it is very important to note that the Constitution requires that we have quorum. In consideration of this bill, should it be challenged in court later, the House will not have done its work to ensure that quorum was in place for the debate of that bill. That speaks to the unconstitutionality of the motion that prevents us from doing that quorum call. There was a ruling from the Supreme Court in 1985 that section 133 of the Constitution Act, 1867 and section 23 of the Manitoba Act, 1870 respecting the use of English and French languages in the records and journals of the House of Parliament of Canada are mandatory. They must be obeyed. The House is the master of this place. However, it cannot change the Constitution when it sees fit unless bills are passed and unless the Constitution is cracked open for that purpose. It is very important that this is considered, and that it is noted for posterity, and that it is noted in Hansard. Should this bill be challenged in court, it is going to be a foundational piece of an argument against the constitutionality of this bill that it was debated without quorum as required by the Constitution of this country.
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