Amendments to the Content of Bills / Report Stage

Opposing principle of bill

Journals pp. 499-500

Debates pp. 5841-2

Background

At the beginning of report stage consideration of Bill C-2, an Act to amend the Criminal Code, thereby re-instating the trial period on restricted capital punishment, the Speaker made a brief statement on the admissibility of certain motions in amendment. Specifically, the Speaker expressed reservations, without giving details, on the motions standing in the name of Mr. Fleming (York West), and invited comments from the House before expressing his final judgment. He ruled shortly afterwards, and raised the possibility of the problem to be faced at report stage with a bill amended improperly in committee; he tentatively considered several other motions in amendment as well.

Issue

Are motions in amendment in order if they oppose the principle of the bill?

Decision

No. The motions in amendment are not in order and cannot be put.

Reasons given by the Speaker

The purpose of the bill is to provide for the reinstatement of the law relating to capital punishment. The effect of these motions, however, is to remove those provisions from the bill. "In other words, the amendments proposed are negative of the principle of the bill as approved on second reading." Despite serious reservations as to the procedural admissibility of some of the amendments made in committee, the Chair is reluctant "to exercise the initiative required to refuse to accept a bill as it has come to this House... and ask that it be returned to the committee for further consideration". There is no recent precedent for the Chair taking such a bold step. Such an action could lead to appeals from rulings of committee chairman, thus placing the Chair in a very difficult position. Moreover, the Chair is restrained from taking bolder action in view of the cross-section of sentiments on both sides of the House, the character of the bill, and the discussions that have taken place here and in committee.

References

Debates, July 20, 1973, pp. 5840-1.