Selected Decisions of Speaker Lucien Lamoureux 1966 – 1974
Amendments to Motions on Progress of Bills / Second Reading
Opposition to bill and reference of subject-matter to committee
Journals p. 208
Debates p. 1058
Background
During debate on the motion for second reading of Bill C-7, an Act to amend the Explosives Act, Mr. Downey (Battle River) proposed an amendment. By the terms of his amendment, in order to repudiate the principle of Bill C-7, which placed the onus of proof of innocence on the accused, he sought to refer the subject-matter of the bill to a standing committee, arguing that the principle of Canadian criminal law extends only to anti-social acts. Having expressed doubts about the acceptability of the proposed amendment, the Acting Speaker (Mr. Laniel) heard a brief comment from a Member and then ruled.
Issue
Can an amendment both oppose a bill and refer the subject-matter to committee?
Decision
No. The amendment is unacceptable.
Reasons given by the Acting Speaker
The amendment tries to oppose the bill and, at the same time, refer the subject matter of the bill to a committee. It cannot do both and is therefore out of order. It can either oppose the bill or any part of it, or refuse second reading and refer the subject-matter of the bill to a committee.
Sources cited
Beauchesne, 4th ed., p. 278, c. 386(3).
References
Debates, March 22, 1972, pp. 1055-8.