Routine Proceedings / Introduction of Bills

Private Members' bills

Journals pp. 434-5

Debates pp. 4219-20

Background

On April 21, as the House proceeded to the introduction of Bill C-168, an Act to amend the Criminal Code (repeal of power to commute a sentence of death) in the name of Mr. Choquette (Lotbinière), Mr. Diefenbaker (Leader of the Opposition), on a point of order, stated that the bill was unconstitutional and improper as it interfered with the Queen's right to grant mercy. The Speaker took the matter under advisement and gave a ruling on April 25.

Issue

Can a bill that possibly interferes with the Crown's prerogative of mercy be introduced and be given first reading?

Decision

The bill does not affect the Crown's prerogative of mercy; even if it did, however, the motion for leave to introduce such a bill would be in order.

Reasons given by the Speaker

It is not the responsibility of the Speaker to give a decision upon a constitutional or legal question. The Chair does have the duty, however, to determine whether the bill interferes with the Queen's prerogatives and to ensure that the proper procedure is followed respecting the consent of the Crown. The bill purports to delete sections of the Criminal Code that give certain statutory powers to the Governor in Council respecting pardon and commutation of sentence. The bill does not amend another section of the Code that specifically states that the other sections do not in any manner affect the royal prerogative of mercy. Because of this, as well as the fact that it is the passing of a 'bill, rather than its introduction, that can constitute an infringement of the royal prerogative, the motion for leave to introduce such a bill is in order.

Sources cited

Beauchesne, 4th ed., p. 231, c. 283.

Bourinot, 4th ed., p. 413.

References

Debates, April 21, 1966, p. 4101.