Selected Decisions of Speaker Lloyd Francis 1984
Routine Proceedings / Petitions
Petitions
Debates pp. 4586-8; pp. 4590-1
Background
Mr. Robinson (Burnaby) rose in the House in order to present a number of petitions, each expressing concern over Bill C-9, the Canadian Security Intelligence Service Act. He was interrupted several times by the Speaker who invited him to describe the general subject matter of all the petitions and file them with the Clerk rather than repeatedly presenting essentially the same information to the House.
Mr. Deans (Hamilton Mountain) rose on a point of order stating that a Member has the choice of presenting petitions either by filing them with the Clerk or by rising in his place in the House during Routine Proceedings. The Speaker cited Beauchesne, Fourth edition, Citation 339 in stating that the general practice is to present petitions by filing them with the Clerk of the House. Mr. Robinson rose on a point of order to draw attention to the differences between Citation 339 in Beauchesne's Fourth edition and Citation 692 in the more recent Fifth edition. He argued that the Fifth edition merely states that a Member may present a petition in one of two ways, without suggesting what the "general practice" is. The Speaker maintained his position and caned for Introduction of Bills.
Issue
Does the Speaker have the authority to regulate the manner in which petitions are presented in the House in order to preserve the orderly conduct of House business?
Decision
Yes. The Speaker is obliged to preserve the orderly conduct of the House business.
Reasons given by the Speaker
The presentation of numerous petitions all dealing with the same subject matter can be a very time consuming procedure, and the general practice of the House is for Members to file their petitions with the Clerk. "In the circumstances there is still an obligation on the Chair to preserve the orderly conduct of House business." The Chair chose to quote from the Fourth edition of Beauchesne, "being, in the opinion of the Chair, a more careful and considered statement of the practice of the House and more relevant to the issue before us."
Sources cited
Beauchesne, 4th ed., p. 259, c. 339.
References
Beauchesne, 5th ed., p. 213, c. 692.