Hon. Claude Carignan: Thank you, Your Honour. I am very familiar with this motion.

Honourable senators, I wish to speak to the time allocation motion moved by the government.

This motion is based on our rule 7, which states, and I quote:

(a) any stage of consideration of a government bill, including the committee stage; or

(b) another item of Government Business.

This rule has not been used very often in the past few years, but it should be explained for the benefit of our many new colleagues in this chamber.

The 2015 edition of Senate Procedure in Practice provides a very clear explanation beginning on page 106. It states, and I quote:

Time allocation establishes a limit on the time that can be spent to debate an item of Government Business. It is primarily used to allot time for the study of government bills . . . . Only the government can propose time allocation and only for its own business.

In summary, when the government wants to end the study of a matter before the Senate, it usually tries to negotiate with the recognized parties to reach an agreement on organizing our work and allowing the Senate to fulfill its role as the chamber of sober second thought.

As you know, honourable senators, the unique feature of the Senate is that it serves as a place for reflection, not totally free from partisanship, but to a much lesser extent than in the other place. Generally speaking, the Senate offers fora for discussion, whether in the chamber itself or in committee, where we can engage in sober second thought. That is why we usually organize our work by consensus, with each group getting the space it needs to assert its priorities.

There are several characteristics that set the Senate apart from the other place. In this chamber, discussions are generally calmer, and studies are more exhaustive. I like to say that we approach our work like a council of the wise.

The study of Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts, which was passed in the Senate on June 7, 2018, was a prime example of a respectful study by all senators.

Colleagues, those of you who were here at the time will remember how emotionally charged the debate on that bill was. Public opinion was extremely polarized, and this was reflected in the Senate. That bill was going to profoundly change the body of Canadian legislation regarding the legalization of cannabis. Still, the Senate organized this debate in a perfectly civilized way, even setting aside days to address specific issues, such as youth, mental health, the economy and the black market. The leaders of the various parties represented in the Senate agreed on a course of action.

What happens when it seems like an agreement is out of reach? That’s when the government, and only the government, can introduce a time allocation motion to limit debate on an item of government business.

Going back to Senate Procedure in Practice, page 109 reads, and I quote:

Time allocation does not take effect until the Senate adopts a motion to allocate time, which is debated during Orders of the Day under “Government Motions.” . . . Time for debate on the motion is limited to a maximum of two and one-half hours, after which the Speaker must put the question.

That, honourable senators, is the framework for a time allocation motion. It is a legitimate tool provided for in our Rules, but I believe that it should be used sparingly. It should be used to break a procedural deadlock, not to silence and muzzle senators who still have relevant points to make, and it should be used to resolve serious issues.

When I was Leader of the Government in the Senate, there were times when I used this measure, but I never abused it. Quite frankly, it is a drastic way of cutting short debate and thus limiting senators’ right to speak, which is not something that we generally want to do in the upper chamber.

Whenever I introduced such a motion, what was the reaction of the official opposition, made up of Liberal senators, who were still welcome in the Liberal Party of Canada at the time? Allow me to quote Senator Claudette Tardif, who was the Deputy Leader of the Opposition for the Liberal Party in 2013. I’m quoting from a speech she gave on November 4, 2013, regarding a time allocation motion. She said, and I quote:

The government is trying with all its might to hastily impose sanctions by bringing in this time allocation motion. . . . it is also denying the senators the right to speak by cutting short the debate. We cannot claim to be fulfilling our mandate of sober second thought and objective review if such limits are imposed when senators oppose the will of the government.

 . . . I do hope that other senators opposite will carefully consider the closure motion that they are being asked to support today. I believe that the government is doing a disservice to the institution we represent by doing things this way. I must oppose this time allocation motion, and I would encourage all honourable senators to do so.

Honourable colleagues, I want to ask you the following question. Does Bill C-21 present us with an issue so serious that, as Senator Tardif said, we should deny senators the right to speak by cutting short the debate? Should we prevent senators from doing the work that Canadians pay us so handsomely to do?

I said at the beginning of my speech that time allocation should be used sparingly, and I would argue that now is not an appropriate time to use it. Several witnesses pointed out in committee that Bill C-21, in its current form, is too soft on gun violence.

I presented amendments at the National Security, Defence and Veterans Affairs Committee that would definitely have improved Bill C-21, but the non-Conservative senators voted as a group to reject them. It is troubling that so-called independent senators all think the same way.

In light of this observation, one last thought came to my mind after learning that the government had decided to use time allocation to pass this bill. Usually, a government that resorts to this tool is confident that its motion will be adopted. Otherwise, why would it deliberately risk a rebuff?

Today, how can the government be sure that it can get a time allocation motion adopted and, most of all, why?

Leader, this motion is completely unnecessary because, of the senators who wanted to speak during the debate on this motion specifically, only a few wished to comment. I am willing to bet that the six-hour debate will likely last an hour or two at most, proving that this motion is being abused. Leader, that is what I would describe as kicking down a door instead of turning the handle to open it.

That is the choice you have made, a choice I consider abusive under the circumstances, because the coming debate will clearly last an hour at most, not six. This proves that it is pointless to use this motion.

Thank you, honourable senators.

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