Amendments and Subamendments to Motions / Miscellaneous

Amendment to refer subject matter of motion to committee

Debate p. 1295

Background

During debate on the Private Members' motion in the name of Mr. Hawkes (Calgary West) concerning the reimbursement of legal fees of any individual for his defence against action commenced by the Crown, Mr. Nickerson (Western Arctic) proposed an amendment to refer the subject matter of the motion to the Standing Committee on Regulations and Other Statutory Instruments. The Deputy Speaker ruled on the admissibility of the amendment immediately.

Issue

Is an amendment to refer the subject matter of a motion to committee in order?

Decision

No. The amendment is not in order.

Reasons given by the Deputy Speaker

Such an amendment would be acceptable for a bill at second reading. “May I draw the attention of Hon. Member to Beauchesne's Fifth Edition, Citation 435(1) which provides 'It is not an amendment to a motion that the question' ... or subject matter in this instance - 'go to a committee.’" When a similar situation arose in 1926 the Speaker at that time rule d the motion out of order for this same reason.

Sources cited

Beauchesne, 5th ed., p. 154, c. 435(1).

References

Debates, March 22, 1926, p. 1806; February 10, 1984, pp. 1289-94.