#9071 - Parliamentary Procedure And Experience - Public Law

PART VII: PARLIAMENTARY PROCEDURE AND EXPERIENCE

Process of Passing Bills

1^st reading: question put to the house and bill read for first time

2^nd reading: debate in the house (3 types of amendments possible: reasoned to express opposition to second reading, referral to committee before principle of bill is approved, or 6 months hoist to delay reading)

Committee Stage: appropriation of bills made here before 3^rd reading for study. Amendments can occur here but must be in keeping with what was agreed to at second reading. Appropriation bills are referred to committee of the whole.

Report Stage: notice of amendments brought forward. Motion to have amendments concurred in and question put to house without debate.

3^rd reading: amendments may only be strictly relevant to bill and cannot detract its principle from second reading.

Repeat process in Senate.

Amendments to Standing Orders in 1994

1. committee prepares and brings in a bill

• Minister or Private member may bring a motion to instruct or appoint a committee to prepare a bill, but must give 48 hrs written notice (motion debated for 90 minutes)

2. Committee prior to second reading

   • Minister wishing to send a government bill to committee may make a motion to have the bill sent to committee before second reading (after reading of the order of the day for the second reading) – opposition members usually notified

   • May be up to three hours on this motion (not amendable)

   • Scope of amendments brought to bill can be much wider

   • Bill sent back at report stage but can only be taken up three sitting days after bill is reported

   • What follows is a combined 2^nd reading and report stage

   • House can amend at second reading here

Private bill: designed to exempt an individual or group of people from application of the law

• Most originate in the Senate

• Originate by means of a petition by the parties interested and presented in the House

Key Actors in Parliament (political parties, Speaker – as agent of the Crown, and the legislative committees)

• There is a reason for why political parties exist through:

  • S. 49 of the CA 1867- Questions arising in the House of Commons shall be decided by a Majority of Voices other than that of the speaker and when the voices are equal, but not otherwise, the speaker shall have a vote)

  • Same with Senate

• Note the different committees, their powers and functions in terms of summoning and those who do refuse to appear as being held in contempt

  • Legislative committees (narrow scope on studying bill but can propose amendments), standing committees, committees of the whole, special committees, joint committees, subcommittees

• Note election of speaker by way of secret ballot; legal powers, tie breaking, candidacy, etc.

Guest Speaker: David Daubney, MP

• Former JUST Cttee chair

• Elected as MP under the PCs with Mulroney

• Worked on Meech Lake Committee

Parliamentary Reform Committee Efforts under the Mulroney Government

This committee worked on reforms to keep committees independent without the government’s direction. Mulroney provided for more free votes and a greater ability for PMB introduction.

Mulroney was difficult on Cabinet; he encouraged or accepted resignation when there was difficulty. Current government is less inclined to hold Ministers to same level of account

Major Reforms in Justice during Daubney’s Time:

In 1976, the government abolished capital punishment. Daubney had been an abolitionist at the time and through the JUST cttee, had done extensive work on corrections, parole and sentencing. His goal was to get the PC dissenters in his government to abolishing capital punishment to realize the systematic problems in the justice system. The motion to sustain the death penalty was defeated by about 22 votes (Mulroney allowed a free vote). The dissenters forced the PM to introduce this motion even though he was against it.

The Mulroney government was the first to allow for Native spirituality in the corrections system. They were also the first to speak with inmates who had received life sentences to understand problem with the penitentiaries.

Professor Emeritus of Criminology from the University of Toronto: The Harper Doctrine: Once a Criminal Always a Criminal (Walrus) – Edward Greenspan and Anthony Noob

Daubney argues that this article demonstrates a good reflection of how it is that the Tories have been driving a wedge between groups by reforming the criminal justice system. It refers to how the Liberals and Conservatives held a consensus on many social issues of the day in the 1980s during the Mulroney administration. It adds that our criminal justice system should help reintegrate and rehabilitate criminals back into our society. The article also refers to the effect of Nixon’s mandatory minimum introductions in the United States, and how it increased the number of prisoners went from 200 000 – 2.3 million. Recall the three strike rule in California, and other states (third offence, despite how petty would lead to a...