The Legislative Process / Stages

Report stage: power of the Speaker to select amendments not presented in committee

March 8, 2017

Debates, p. 9526

On March 8, 2017, the House proceeded to the consideration at report stage of Bill C-22, an act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain acts. Seven motions in amendment were standing on the Notice Paper. In a letter to the Speaker, Bardish Chagger (Leader of the Government in the House of Commons) asked that Motions Nos. 3 and 6 be selected, given that the changes that they proposed arose out of a decision of the Supreme Court rendered very shortly before the Standing Committee on Public Safety and National Security began clause-by-clause consideration of the bill. However, in another letter to the Speaker, Murray Rankin (Victoria) argued instead that the motions should not be selected, since they could have been presented in committee.

Resolution

Pursuant to Standing Order 76.1(5), the Speaker ruled on the selection and grouping of the motions. He specified that there are exceptions to the rule stating that the Chair does not select motions that could have been presented in committee. Given a similar precedent in which a motion at report stage arising out of a court decision was selected, he decided to select Motions Nos. 3 and 6 . The five other motions were also selected for various reasons.

Decision of the Chair

The Speaker: There are seven motions in amendment standing on the Notice Paper for the report stage of Bill C-22.

The Chair has received a letter from the government House leader arguing that Motion No. 6 could not have been presented in committee, as the changes it proposes arose out of a decision of the Supreme Court rendered very shortly before the Standing Committee on Public Safety and National Security began clause-by-clause consideration of the bill. A similar argument was made in relation to part (b) of Motion No. 3. The court decision in question was rendered on Friday, November 25, 2016, and clause-by-clause consideration began on Tuesday, November 29, 2016. The government House leader contended in her letter that there was not sufficient time to analyze the consequences of the decision and prepare amendments accordingly. For that reason, she has asked that they be selected at report stage.

The hon. member for Victoria has also sent a letter to the Chair arguing that these amendments should not be selected, as he believes they should have been presented in committee. He also argues that there are cases in the past where the Chair has refused to select motions presented by the government.

As members know, consistent with the note to Standing Order 76.1(5), the Chair would not normally select motions that could have been presented or were defeated in committee.

However, there have been exceptions. On September 22, 2014, the Speaker was faced with a similar case in relation to a motion at the report stage of Bill C-13, an act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act. The hon. member for Charlottetown submitted a motion arising out of a court decision rendered after clause-by-clause and, in that case, the motion was selected.^[1]

The circumstances in the present case, although not identical, are sufficiently analogous to satisfy the Chair that the motions in question should be selected for consideration at report stage.

The Chair has examined the remaining motions submitted and is satisfied they meet the criteria spelled out in Standing Order 76.1(5). Motion No. 1 could not have been presented in committee, as it requires a royal recommendation. Part (a) of Motion No. 3 and Motion No. 4 further amend changes made by the committee. Motion No. 5 restores a clause deleted by the committee. Motion Nos. 2 and 7 propose to delete clauses. These motions will all be selected.

Motions numbered 1 to 7 will be grouped for debate and voted upon according to the voting pattern available at the table.