This course was taken with Professor Michelle Flaherty at the University of Ottawa. It is a mandatory first year course for J.D. students....
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PART VII: PARLIAMENTARY PROCEDURE AND EXPERIENCE
Process of Passing Bills
1st reading: question put to the house and bill read for first time
2nd 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 3rd 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.
3rd 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
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)
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 2nd 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...
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