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Legislative Reports

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Quebec

When proceedings adjourned on December 16, 2004, Members of the Quebec National Assembly had passed 22 public bills and 10 private bills since the resumption of proceedings last October 19. 

The adoption of a motion to suspend certain rules of procedure three days before the adjournment enabled the passage of five bills, namely the Act to amend the Act respecting the Société de l’assurance automobile du Québec and other legislative provisions, which provides for the creation and establishment of a social trust to be known as the Fonds d’assurance automobile du Québec; the Act respecting the Agence des partenariats public-privé du Québec, which establishes an agency that is responsible for advising the Government on any public-private partnership matter; the Act respecting Services Québec, establishing Services Québec as a legal person and mandatary of the State, whose mission is to offer citizens and businesses a single window for simplified access to public services; the Act to amend the Act respecting the Caisse de dépôt et placement du Québec, which defines the objectives to be pursued by the Fund in performing its mission; and the Act respecting the exercise of certain municipal powers in certain urban agglomerations, which gives effect to the results of the referendum polls held on June 20, 2004 under the Act respecting the consultation of citizens with respect to the territorial reorganization of certain municipalities. 

On the last day of proceedings, following an agreement reached between the Government and the Opposition Members, the Government House Leader moved a motion to enter upon all stages of Bill 90, An Act to amend the Act respecting off-highway vehicles. The purpose of this bill is to exclude, for a limited time, certain legal proceedings arising from the operation of an off-highway vehicle. The passage of this bill was deemed necessary owing to the situation prevailing in the snowmobile industry in Québec. 

During a statement made on December 15, 2004, the Minister for the Reform of Democratic Institutions introduced a draft bill which proposes to replace the Election Act. This draft bill includes measures designed to facilitate the voting process and provides for a new mixed-member proportional electoral system. 

Rulings from the Chair 

On November 30, 2004, the Official Opposition House Leader requested that an urgent debate be held on the mad cow disease crisis. The President ruled that this request was receivable for the following reasons: 

The request concerned a specific matter of special importance falling within the jurisdiction of the Assembly. Notwithstanding the fact that the subject was broached on certain occasions during Oral Questions and Answers, there was still urgency to discuss the matter, owing to new developments that had arisen at that time. Even if priority must be given to the legislative business of the Government when the Assembly has extended hours of meeting, there remained sufficient time for the Government’s legislative business, as the extended hours of meeting had only just begun. 

Interparliamentary relations 

From October 17-20, 2004, the President of the Quebec National Assembly, Michel Bissonnet, hosted the first meeting of the New Brunswick–Quebec Parliamentary Association. 

Other than the President, the Quebec delegation was composed of Nancy Charest (Matane), Serge Deslières (Beauharnois), Maxime Arsenault (Îles-de-la-Madeleine), Raymond Bernier (Montmorency), Norbert Morin (Montmagny- L’Islet) and Sylvie Roy (Lotbinière). The Speaker of the Legislative Assembly, Bev Harrison, led the New Brunswick delegation. 

During the workshops, the topics for discussion included regional economic development through tourism; Government on-line; automobile insurance; and interprovincial trade and cross-border manpower mobility. The next session of the Association will take place in New Brunswick in autumn 2005. 

Close to a dozen parliamentarians from Quebec and Ontario took part in the 14th general assembly of the Ontario-Quebec Parliamentary Association, which was held from November 17-19, 2004. Three topics of current interest were on the agenda, namely current political affairs in Ontario and in Quebec, the energy situation and health care for seniors. 

The Quebec delegation comprised President Bissonnet and the Deputy Chairman of the Quebec section of the Association, Charlotte L’Écuyer (Pontiac), as well as Geoffrey Kelly (Jacques-Cartier), Denise Beaudoin (Mirabel), Daniel Bernard (Rouyn-Noranda- Témiscamingue), Russell Copeman (Notre-Dame-de-Grâce), Elsie Lefebvre (Laurier-Dorion) and Sylvie Roy (Lotbinière). The Speaker of the Legislative Assembly of Ontario, Alvin Curling, headed that province’s delegation. 

From November 22-26, 2004, the President of the National Assembly hosted a delegation of parliamentarians from Mali for a study visit on parliamentary control as well as other issues of interest to their Assembly. The work group, led by the First Vice-President of the National Assembly of Mali, Mountaga Tall, became acquainted with Quebec’s parliamentary system and took a closer look at parliamentary committee operations. The Malian parliamentarians also met the Auditor General of Quebec, the Chief Electoral Officer and the Public Protector. 

Youth Parliament and Student Parliament 

Both of these Parliaments are directed by university students aged 25 years and under. Each year, they conduct their simulation of parliamentary proceedings in the National Assembly Chamber. The objectives of these Parliaments are similar: to increase awareness of the National Assembly and its legislative process. Their operating procedure differs, however, as the Youth Parliament does not have party discipline, while the Student Parliament exactly reproduces the Quebec National Assembly. The proceedings of the 55th Legislature of the Youth Parliament took place from December 26-30, 2004, and those of the 19th Legislature of the Student Parliament from January 3-7, 2005. 

Sylvia Ford
Secretariat of the Assembly 

Committees 

Among the legislation referred to committee by the National Assembly this autumn, certain gave rise to consultations. During October and November 2004, the Committee on Social Affairs (CSA) received 76 briefs and heard 62 individuals and organizations within the framework of a general consultation on Bill 57, Individual and Family Assistance Act. During the same period, the Committee on Public Finance (CPF) heard 40 individuals and groups with respect to Bill 61, which creates a public-private partnership agency. 

It should be mentioned that the Committee on Labour and the Economy (CLE) examined a draft regulation on pay equity in enterprises, pursuant to section 114 of the Pay Equity Act. The purpose of this regulation is to provide male comparators to enterprises in which there are no predominantly male job classes in order that they may complete their pay equity plan. This is the second time that the Committee has carried out such an order since 1998. 

Other Orders of the Assembly 

The Assembly ordered the committees to hold five public consultations. Among these, the CLE will hear, beginning on January 25, 2005, the interested individuals and organizations on the document entitled The Energy Sector in Quebec– Context, Issues and Questions. Incidentally, the CLE held hearings within the framework of special consultations on this same document on December 1 and 2, 2004. Six experts in the field were heard on this occasion. The CSA was ordered to hold a general consultation, also beginning on January 25, on the document entitled For a New Social Contract of Equality Between Women and Men. This order also includes the holding of an on-line consultation. An on-line consultation form is available on the Internet site of the Assembly. 

The committees adopted orders of surveillance of public agencies, in pursuance of Standing Order 294. On December 1, 2004, the Committee on Planning and the Public Domain (CPP) examined the orientation, activities and management of the Commission municipale du Québec. On January 25 and 26, 2005, it will hear the head officers of the Commission de la capitale nationale du Québec, followed by the head officers of the Société d’habitation du Québec. On January 19, 2005, the Committee on Education (CE) will hear, within the framework of a similar mandate, the head officers of the Conseil supérieur de l’éducation. Furthermore, on December 16, 2004, the CPF tabled its final report following the examination of the orientation, activities and management of the Commission administrative des régimes de retraite et d’assurances (CARRA). The Committee made three recommendations to increase the effectiveness of this organization’s general operation. 

In December 2004, the Committee on Public Administration (CPA) tabled its thirteenth accountability report. This report concerns more particularly help to students experiencing problems, the Quebec Sales Tax and the Goods and Services Tax, as well as the subway network extension project on the territory of the city of Laval. Upon the conclusion of its proceedings, the Committee made seven recommendations. Its members underlined, after eight years of accountability, the increased transparency of the ministries and organizations heard and the greater openness demonstrated with regard to the role played by the CPA in continuously improving the management of the machinery of government. 

Ruling Rendered in Committee 

An event that took place during a sitting of the CPF gave rise to an interesting ruling concerning the participation of the chairman in the proceedings of the committee he was chairing. 

On December 7, 2004, during the opening statements on the clause-by-clause consideration of Bill 78, An Act to amend the Act respecting the Caisse de dépôt et placement du Québec, the chairman of the CPF, the Member for Laval- des-Rapides, yielded his chair to a Committee member, the Member for Montmorency, in order to make opening statements on the bill. At the end of his comments, a point of order was raised in which his impartiality and his capacity to continue chairing the proceedings on this matter were questioned. In his ruling, rendered on December 9, the Member for Montmorency, who chaired the proceedings, acknowledged the right of the chairman to take part in the Committee proceedings, pursuant to Standing Order 138, and this, while carrying out the duties of chairman. In the case in point, the Member for Laval- des-Rapides could even have made his opening statements without leaving the chairman’s seat. 

As regards the capacity of the Member for Laval-des-Rapides to chair the proceedings for the remainder of the mandate, the chairman referred to paragraph (5) of Standing Order 35, which states that no Member speaking shall cast reflections upon the conduct of another Member, unless he shall present some motion impugning that conduct in accordance with Standing Order 315. 

The Standing Subcommittee on Parliamentary Reform 

The standing subcommittee on parliamentary reform of the Committee on the National Assembly, which is responsible for examining matters relating to parliamentary reform, held a deliberative meeting on November 25, 2004 to begin its discussions with the framework of the parliamentary reform process initiated in June 2004. Two reform proposals are under examination, one submitted by the Government House Leader, the other by the President of the National Assembly. 

Pursuant to the Standing Orders of the Assembly, the subcommittee on parliamentary reform consists of the President of the National Assembly, the Vice-Presidents, the House leaders and the whips of the parliamentary groups, as well as three committee chairmen, of whom one must be a member of a parliamentary group sitting in opposition. Moreover, the Assembly consented to set aside the Standing Orders to include the independent Member for Chutes-de-la- Chaudière as a member of the subcommittee. 

At the sitting of November 25, the members agreed in particular to discuss the reform proposals according to the four themes they fall within. They also chose to form a technical committee charged with producing the necessary analyses. Finally, it was agreed that the subcommittee will mainly hold deliberative meetings and, if need be, public hearings. 

Sonia Grenon
Secretariat of committees
Translation: Sylvia Ford
Secretariat of the Assembly 

Alberta

On October 25, 2004, Premier Ralph Klein announced that he had sought the dissolution of the 25th Legislature and that a provincial general election would be held on November 22, 2004. 

The main campaign issues were health care and education.  Other issues included deregulation of the electricity industry, automobile insurance reforms, infrastructure and the BSE crisis. 

At dissolution, the standings in the Legislative Assembly were 73 Progressive Conservatives, 5 Liberals, 2 New Democrats, 1 Independent Member and 2 vacant seats in the Legislative Assembly.  Following the November 22 election the standings in the Legislative Assembly are: Progressive Conservatives - 62, Liberals - 16, New Democrats - 4 and Alberta Alliance - 1. 

The Progressive Conservative party obtained 47 percent of the popular vote, down from 62 percent in the 2001 election, and lost 11 seats in the Legislative Assembly. The election marked the tenth consecutive victory for the Progressive Conservative Party and its fourth under Premier Klein, who earlier announced that this would be his last election.  Voter turnout was 46 percent, down from 52.8 percent in 2001. 

The Leader of the Alberta Liberal Party, Kevin Taft, was re-elected in his constituency of Edmonton-Riverview.  Dr. Taft was first elected in the provincial general election of 2001.  The Liberals obtained 29 percent of the popular vote and won 5 new seats in Edmonton, one in St. Albert and 3 in Calgary.  Economic Development Minister Mark Norris was defeated in his riding of Edmonton-McClung by Liberal candidate Mo Elsalhy. 

The Leader of New Democrat party, Brian Mason, was re-elected to the riding of Edmonton-Highlands.  Mr. Mason was first elected to the Assembly in a by-election in June 2000.  Former leader Raj Pannu was re-elected in the constituency of Edmonton-Strathcona.  The New Democrats also won two new seats in Edmonton: David Eggen won the riding of Edmonton-Calder and Ray Martin (former leader of the New Democrat party) won in the riding of Edmonton-Beverly-Clareview.  Both were former Progressive Conservative seats.  The New Democrats, who now have 4 seats and received 10 percent of the popular vote, are now a recognized opposition party under the Legislative Assembly Act. 

The Alberta Alliance Party, a newly registered party in Alberta since April 2004, won one seat in the Assembly.  Paul Hinman won the rural seat in the constituency of Cardston-Taber-Warner from Progressive Conservative incumbent Broyce Jacobs.  The Alberta Alliance obtained 9 percent of the popular vote in the election. Party Leader Randy Thorsteinson did not get elected. 

On January 24, 2005, the Alberta Court of Appeal held that Progressive Conservative incumbent Thomas Lukaszuk received the most votes in the constituency of Edmonton-Castle Downs to defeat his opponent, Liberal Chris Kibermanis (5022 - 5019).  Kibermanis had a 3 vote margin after the election and after a recount by a Court of Queen's Bench Justice.  The Court of Appeal decided that several excluded ballots should have been counted.  Kibermanis stated he would not be appealing.  It was the first time a recount has gone to the Court of Appeal level in Alberta. 

Senate Election 

Alberta also held a Senate election in conjunction with the provincial general election and 35 percent of eligible voters cast ballots. It was the third senator-in-waiting election held in the province since the first in 1989.  Ten candidates ran including five Progressive Conservatives, three Alberta Alliance and two Independents.  The following four candidates were selected: Edmonton nurse Betty Unger; farmer and two-time senator-in-waiting Bert Brown; former MP Cliff Breitkreuz; and former magazine publisher Link Byfield.  There are currently three Senate vacancies in the province.  The only elected senator to ever be appointed to the Senate from Alberta is Stan Waters. 

New Cabinet 

Premier Klein announced the Cabinet on November 24, 2004. Three portfolios were changed and a new Ministry was added.  The number of Cabinet Members remains at 24, including the Premier.  Some portfolio changes include: 

• the Ministry of Learning has been divided into two Ministries: Education for kindergarten to grade 12 and Advanced Education for postsecondary education; 
• Finance and Revenue have been combined into one Ministry of Finance; 
• the portfolios of Infrastructure and Transportation have also been merged to form the Ministry of Infrastructure and Transportation; 
• the responsibility for community supports has been added to the Seniors portfolio; 
• the new Ministry of Restructuring and Government Efficiency will be responsible for the development of policy to streamline the delivery of government services and will be responsible for the Alberta Corporate Service Centre which was previously under the Government Services portfolio; 
• two MLAs will now sit at the Cabinet table and serve as Caucus Liaisons.  Southern Alberta will be represented by Cindy Ady (PC, Calgary-Shaw) and Northern Alberta by Hector Goudreau (PC, Dunvegan-Central Peace). 

Returning Cabinet Members with different portfolios include: Shirley McClellan – Deputy Premier and Minister of Finance; David Hancock – Minister of Minister of Advanced Education; Ron Stevens – Minister of Justice and Attorney General; Iris Evans – Minister of Health and Wellness; Ed Stelmach – Minister of International and Intergovernmental Relations; Gene Zwozdesky – Minister of Education; Greg Melchin – Minister of Energy; Gary Mar – Minister of Community Development; Lyle Oberg – Minister of Infrastructure and Transportation; Mike Cardinal – Minister of Human Resources and Employment, and Minister responsible for Personnel Administration Office; Guy Boutilier – Minister of Environment; Heather Forsyth – Minister of Children's Services; David Coutts – Minister of Sustainable Resource Development; Ty Lund–  Minister of Government Services; and Clint Dunford – Minister of Economic Development. 

Ministers maintaining their previous portfolios include Victor Doerksen, Minister of Innovation and Science and Pearl Calahasen, Minister of Aboriginal Affairs and Northern Development. 

New Ministers are: Gordon Graydon, Minister of Gaming; Rob Renner, Minister of Municipal Affairs; Luke Ouellette, Minister of Restructuring and Government Efficiency; Harvey Cenaiko, Solicitor General; Yvonne Fritz, Minister of Seniors and Community Supports; and Doug Horner, Minister of Agriculture, Food and Rural Development. 

Other Matters 

On January 6, 2005, the Honourable Lois E. Hole, C.M., A.O.E., Lieutenant Governor of Alberta, passed away from abdominal cancer.  She was installed as Alberta's 15th Lieutenant Governor on February 10, 2000.  Mrs. Hole was a long time resident of St. Albert and a well-known horticulturalist having published fifteen books on the subject.  Prior to her role as Lieutenant Governor, she was Chancellor of the University of Alberta.  Her Honour was well known in various local, provincial and national organizations and recognized for her contributions to libraries, education and the arts. 

New Appointment 

On January 19, 2005, the federal government announced the appointment of Norman Kwong, C.M., A.O.E., as the next Lieutenant Governor of the Province of Alberta. His Honour was installed as the 16th Lieutenant Governor in a ceremony at Government House on January 20, 2005.  Mr. Kwong, who was born in Calgary in 1929 to Chinese immigrants, is Alberta's first Lieutenant-Governor of Asian heritage. In 1948, he became the first Chinese Canadian to play in the Canadian Football League, where he won four Grey Cups, one with the Calgary Stampeders and three with the Edmonton Eskimos. 

After retiring from football in 1960, he became a well-respected businessman and community leader in Calgary.  His Honour was inducted into the CFL Hall of Fame in 1969, the Canadian Sports Hall of Fame in 1975, and the Alberta Sports Hall of Fame in 1980. He was appointed a member of the Order of Canada in 1998. 

Spring Sitting 

The Spring Sitting of the 1st Session of the 26th Legislature is expected to commence in late February or early March, 2005.  The first item of business will be the election of the presiding officers. 

Micheline Gravel
Clerk of Journals/Table Research

Northwest Territories

The Third Session of the Fifteenth Legislative Assembly adjourned on Friday, October 29, 2004 until Wednesday, February 9, 2005.  Finance Minister Floyd Roland will be introducing his second budget of the Fifteenth Assembly when the Third Session reconvenes. The following four weeks should prove eventful as Members debate the merits of a budget that they reviewed in draft estimate form in Standing Committees in January. 

The Standing Committee on Rules and Procedures has completed its public review of the Report of the Chief Electoral Officer on the Administration of the 2003 General Election and will present its report to the House when the Session resumes.  Among the Chief Electoral Officer's recommendations considered by the Committee were options for a fixed election date, enhanced public education regarding the electoral process and a comprehensive administrative review of the Elections Act. 

Legislation 

A total of seven Bills received assent on October 29th: 

• Bill 7, An Act to Amend the Legal Profession Act; 
• Bill 8, Miscellaneous Statutes Amendment Act, 2004; 
• Bill 9, Write-off of Assets and Debts Act, 2004-2005; 
• Bill 10, Forgiveness of Debts Act, 2004-2005; 
• Bill 12, An Act to Amend the Education Act; 
• Bill 13, Supplementary Appropriation Act, No. 2, 2004-2005; and 
• Bill 14, Supplementary Appropriation Act, No. 4, 2003-2004. 

The following Bills received Second Reading in October and are currently before Standing Committee: 

• Bill 15, Tli Cho Community Services Agency Act - This Bill proposes to establish the Tlicho Community Services Agency to perform functions related to education, health and social services in Tlicho communities and on Tlicho lands.  The Agency is required by the Tlicho Intergovernmental Services Agreement made under the Tlicho Land Claims and Self-government Agreement. 
• Bill 16, Northwest Territories Business Development and Investment Corporation Act - This Bill proposes to establish the Northwest Territories Business Development and Investment Corporation.  The purpose of the Corporation will be to support the economic objectives of the Government of the Northwest Territories by encouraging the creation and development of business enterprises and by providing information and financial assistance to, and making investments in, such enterprises.  This Bill also proposes to repeal the Northwest Territories Business Credit Corporation Act and the Northwest Territories Development Corporation Act. 
• Bill 17, Modernization of Benefits and Obligations Act - This Bill proposes to amend several Acts to ensure that references to “spouse” appropriately capture persons who live in spousal relationships outside marriage, so that the rights or obligations provided for, or imposed under those Acts, are equitably applied to persons in different forms of spousal relationships. 
• Bill 18, An Act to Amend the Territorial Court Act - This Bill proposes to repeal the requirement that territorial court judges and deputy territorial judges cease to hold office at age 65, subject to reappointment.  The ultimate requirement that such judges cease to hold office at 75 is retained. 

David Inch
Clerk of Committees

New Brunswick 

The Second Session of the Fifty-fifth Legislature opened on Thursday, December 2, 2004, instead of on the traditional Tuesday. 

Herménégilde Chiasson, who was appointed the Province's 29th Lieutenant-Governor in August of 2003, delivered his first Speech from the Throne. The Throne Speech marked the continued implementation of the government's platform, New Brunswick: Reaching Higher, Going Further, and promised a stronger economy for workers and entrepreneurs; a stronger educational system for children and youth; stronger health care for seniors and families; stronger communities and services for people, and stronger value for taxpayers, including another balanced budget. 

Official Opposition Leader Shawn Graham (Kent) claimed that the Throne Speech “included 20 ideas that were either drawn from Liberal platforms, Liberal speeches, or Liberal legislation or raised by Liberal Members. These ideas range across the whole scope of the government's throne speech, including the Office of the Public Trustee, the Child Advocate, better enforcement of child support orders, better protocols for victims of abuse, welfare reform, better treatment of volunteer fire-fighters, tax exemptions for non-profit housing, fiscal responsibility, and more.” 

On December 14, 2004, the Assembly adopted a resolution recommending the appointment of Ronald Godin as the first Consumer Advocate for Insurance under the Consumer Advocate for Insurance Act. The Act came into effect January 1, 2005, and established the Office of the Consumer Advocate for Insurance. The Consumer Advocate is an officer of the Legislative Assembly and has the following responsibilities under the Act: 

(a) to examine the underwriting practices and guidelines of insurers, brokers and agents, and report the use of any prohibited underwriting practices to the Superintendent; 

(b) to conduct investigations in relation to insurers, brokers and agents concerning

i) the premiums charged for contracts of insurance, and
(ii) the availability of contracts of insurance; 

 (c) to respond to requests for information with respect to insurance; 

Susan Sourial
Committee Clerk

House of Commons

Throughout November and December, the House continued to navigate its way through a new Parliament and the unfamiliar terrain of minority government.  While there was undoubtedly a great deal of negotiating among the House leaders, events in the House unfolded relatively smoothly.  Credit should be given to the Speaker and Chair Occupants, who have taken every opportunity to explain potentially confusing procedural situations.  The House has been seized with a considerable amount of legislation and has also made efforts to extend its discussions to other issues of public concern.  The Main and Supplementary Estimates were adopted in December, with small but significant modifications; the related Appropriations Acts were passed on the same day. 

The Chamber 

The business of supply occupied a significant amount of House time during the months of November and December, including consideration of five of the seven opposition motions allotted to the period ending December 10, 2004, as well as concurrence in the Main Estimates, tabled on October 8, and Supplementary Estimates (A), tabled on November 4, for the 2004-2005 fiscal year. 

With a minority parliament, the outcome of votes on Opposition motions is unpredictable.  The first motion (provisioning Canada's armed forces) proposed by Gordon O'Connor (Carleton-Mississippi Mills, CPC) received support only from its CPC sponsors. The motion on fiscal imbalance by Bloc finance critic, Yvan Loubier (Saint Hyacinthe-Bagot), was adopted, with all opposition parties voting in favour. The Government and the Bloc teamed up to defeat the Opposition Leader's motion on provincial rights to Atlantic offshore oil royalties, while the NDP motion on trans fats (Pat Martin, Winnipeg Centre) was adopted with only the CPC dissenting. A second motion by Stephen Harper (selling back land expropriated for Mirabel Airport) was adopted, with combined opposition support and against the wishes of the Government, as was the BQ motion (Roger Gaudet, Montcalm) for government assistance to BSE-affected cattle farmers affected by BSE.  A final Official Opposition motion for a judicial enquiry into the collapse of the sockeye salmon stocks (Randy Kamp, Pitt Meadows-Maple Ridge-Mission) attracted only the support of the sponsoring party. 

The Leader of the Official Opposition moved to consider the 2004-2005 Estimates for Canadian Heritage, as well as Health Canada, in Committee of the Whole. The Heritage Estimates were taken up on Tuesday evening, November 16; the Health Canada Estimates were taken up on the following Tuesday. 

December 9 was the final allotted day for the Supply period ending December 10, 2004. The House defeated motions by Treasury Board President Reg Alcock to restore cuts in the budgetary allocations to the Governor General and the Privy Council Office, made by the Government Operations and Estimates Committee. The Opposition's efforts to deny appropriations for the Canadian Firearms Centre, however, were unsuccessful. 

Private Members' Business 

Under the (provisional) new rules for Private Members' Business, all items are now votable unless the Subcommittee on Private Members' Business recommends otherwise. To date, only Bill C-268 (definition of marriage), standing in the name of Rob Moore (Fundy Royal) has been designated non-votable, on the grounds that the bill violates the Canadian Charter of Rights and Freedoms. 

During consideration of other items of Private Members' Business, Members were reminded that Private Members' bills authorizing public spending require a royal recommendation, without which they cannot be read a third time. The Speaker has drawn the House's attention to two such bills currently on the Order of Precedence:  Bill C-243 (establishment of the Office of Victims Ombudsman of Canada), standing in the name of Raymond Bonin (Nickel Belt, Lib.), and Bill C-278, An Act to amend the Employment Insurance Act (improvement of the employment insurance system), standing in the name of Paule Brunelle (Trois-Rivières, BQ). Comments have been invited on status of a third bill, C-331 (Ukranian Canadian Restitution), standing in the name of Inky Mark (Dauphin-Swan River-Marquette, CPC). 

Legislation 

As of the end of January 2005, the Government has introduced 37 bills in the House; eleven have passed and three of those have received Royal Assent. While ministers continue to refer bills to committee before second reading, there are considerably fewer now than earlier in the session (only three of the last 18, as compared with six of the first 18).  Eight such bills remain in committee, including those dealing with child pornography (C-2), public service whistleblowers (C-11), non-profit corporations (C-21), and the Competition Act review (C-19). 

Among the several bills currently before committees are five 'law and order' bills-C-2 (child pornography), C-10 (mental disorder), C-13 (DNA identification), C-16 (impaired driving), and C-17 (controlled substances)-that stand referred to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness. To date, the Committee has studied only two of the bills, C-10 and C-13, of which only C-10 has been reported to the House (and subsequently passed). Among the more controversial pieces of government legislation, C-17 was introduced on November 1 and referred to the Committee before second reading the following day. The bill decriminalizes the possession of small amounts of marijuana while doubling to 14 years the sentences for large scale cannabis cultivation. The new provisions, which also include enhanced sanctions for driving under the influence and a public education program, are intended to reinforce the government's message that cannabis is illegal and harmful. 

Several bills of interest stand referred to other committees, including the new governance guidelines for federally incorporated not-for-profit organizations (C-21) and the Competition Act review (C-19), both referred to the Industry Committee before second reading; the whistleblower legislation (C-11), referred to Government Operations, also before second reading; and Bill C-30, MP compensation, currently with the Standing Committee on Procedure and House Affairs. The salary legislation removes the current provision linking increases in parliamentary remuneration to increases for judges, and pegs them instead to the government's annual average wage settlement index. 

Two First Nations bills passed third reading-C-20, First Nations Fiscal and Statistical Management Act and C-14, Tlicho Land Claims and Self-Government Act. First introduced in March 24, 2004, the Tlicho legislation brings into effect the comprehensive land claims and self-government agreement between the Tlicho and the government of the Northwest Territories. It is the first combined land claim and self-government agreement in the Northwest Territories and one of the first such agreements in Canada. The First Nations Fiscal and Statistical Management Act was initially introduced in 2002 and then reintroduced in March 2004 and again in November 2004, with most of the previously proposed amendments now incorporated into the text of the bill.  It establishes four institutions:  the First Nations Tax Commission, First Nations Finance Authority, First Nations Financial Management Board and first Nations Statistical Institute. The legislation, which was supported by all four parties at third reading, is intended to provide the information, regulatory framework and infrastructure needed to attract investment to First Nation lands. The legislation is optional-it will apply only to those First Nations that have chosen to access the services offered by the institutions. 

In addition to the First Nations legislation, the House adopted two appropriation bills (C-34 and C-35), as well as legislation to protect migratory birds (C-15), and legislation to strengthen the law enforcement measures in relation to drug-impaired driving (C-16). 

By unanimous consent, four bills were considered at all stages and passed by the House.  These were Bill S-10 (Federal Law-Civil Law Harmonization Act, No. 2), and three bills dealing with electoral districts-C-36, boundary adjustments for the ridings of Acadie-Bathurst and Miramichi, and C-302 and C-304, name changes for the Ontario riding of Kitchener-Wilmot-Wellesley-Wollwich, and the Alberta riding of Battle River, respectively. 

Among those bills currently on the House agenda is Bill C-24 (Federal-Provincial Fiscal Arrangements Act), the Government's highly contentious legislation on equalization. 

Three Issues of Privilege 

During the Inquiry into the Sponsorship Program and Advertising Activities, questions arose as to whether Commission counsel might cross-examine witnesses on the basis of their prior testimony before the Standing Committee on Public Accounts. As a result, Commissioner John Gomery asked whether the House would be prepared to waive parliamentary privilege and allow the Commission to use the Committee transcripts as evidence. 

The matter was referred first to the Public Accounts Committee and subsequently, by virtue of concurrence in that Committee's Third Report to the House, to the Standing Committee on Procedure and House Affairs. A subcommittee of Procedure and House Affairs heard testimony from Rob Walsh, House of Commons Law Clerk and Parliamentary Counsel, J.P. Joseph Maingot, former Law Clerk and Parliamentary Counsel and author of Parliamentary Privilege in Canada, and Robert Marleau, former Clerk of the House and co-editor of House of Commons Procedure and Practice.  Mr. Walsh warned that if the House affirmed its privileges without exception, it must be prepared to defend its privileges in the courts, if necessary. Mr. Maingot maintained that privilege may only be waived by way of a statute, and not by resolution of the House. Mr. Marleau referred Members to the 1999 Report of the United Kingdom Joint Committee on Parliamentary Privilege, which held that improper, untrue, or misleading testimony in a parliamentary proceeding should be handled by the House. 

The Committee's Fourteenth Report, while recognizing the importance of establishing the facts about the sponsorship program, as well as the relevance of witness cross-examination in eliciting evidence and establishing credibility, held that parliamentary privilege went to the very essence of parliamentary government and should be waived only rarely. Witnesses believed, and were given to believe, that their testimony before the Public Accounts committee would be privileged. To withdraw such protection after the fact would be not only unfair to them as individuals, but contrary to the best interests of Parliament. 

While misleading the House and its committees undermines the integrity of parliamentary proceedings, the Report acknowleged that it is up to the House to punish the offenders. In the opinion of the Committee, to allow parliamentary testimony to be used in the Commission of Inquiry (or other judicial body) would violate Article 9 of the Bill of Rights, 1689 and would not be appropriate or in the public interest. 

Tight security arrangements during the presidential visit of George W. Bush were responsible for another question of privilege, raised by BQ Whip, Michel Guimond. During the time Mr. Bush was physically within the parliamentary precinct, several Members were delayed or denied access to the Hill when security personnel refused to recognize their parliamentary identification. One Member, Dale Johnston (Wetaskiwin CPC), missed a vote in the Chamber. Mr. Guimond cited cases where Members were interrupted while in the washroom or their offices and told they could not use the hallways at certain times.  There were also complaints about the lack of bilingual officers.  A number of Members rose in support of Mr. Guimond, including Don Boudria, Bill Blaikie and Jason Kenney. 

The matter was ruled immediately a prima facie case of privilege and referred to the Standing Committee on Procedure and House Affairs. The Committee heard from a number of senior officials, including the Sergeant-at-Arms, RCMP C/Supt Line Carbonneau and Sgt. Major François Desfosseés, and City of Ottawa Police Chief, Vince Bevan. Given that privilege is based on the House's pre-eminent claim to the attendance and service of its Members, and their right to be free from obstruction, intimidation and interference in carrying out their parliamentary duties, the Committee had no hesitation in concluding that Members' privileges had been infringed. 

The Committee acknowledged that visits by heads of state or other dignitaries invariably involve heightened security precautions and that this was President Bush's first official visit to Canada and the first presidential visit since the events of September 11, 2001 and the war in Iraq. According to the RCMP, the security in place was the highest for any visit ever. While Members understand the need for security, denying them access to the House – even temporarily – is unacceptable. It is particularly unacceptable when other individuals were allowed through the security cordons. 

In its report to the House (Twenty-First Report) the Committee expressed concern about the lack of communication among the different security players-Chief Bevan admitted that neither he nor his officers had ever seen or been told about the House of Commons pins and identity cards issued to Members of Parliament. Moreover, many of the planning decisions had not been shared with the Members, either individually, or through the Whips or the Speaker's Office.  The Committee asked that policies and protocols be implemented before the next heightened security situation to prevent a recurrence of these events. The Committee also asked that the Sergeant-at-Arms and the RCMP provide written reports to the Committee by the end of February 2005 outlining the specific measures to be implemented. 

The Report finished by referencing the Committee's ongoing concern about the division of responsibility for Hill security between House and Senate staff and recommended that the Board of Internal Economy urgently discuss creating a unified parliamentary security service by January 1, 2006. 

Mr. Guimond also rose in the House to accuse former Liberal Member for Beauharnois- Salaberry, Serge Marcil, of continuing to use the title 'Member of Parliament' and the address of his old constituency office in publicity material clearly published after his defeat.  The riding is now represented by Bloc Québécois MP Alain Boire.  Mr. Guimond also tabled, with permission, a copy of the advertisement in question. The matter was ruled a prima facie question of privilege and referred to the Standing Committee on Procedure and House Affairs. 

Committees 

The amendments to the motion for an Address in Reply to the Speech from the Throne contained recommendations that the Standing Committee on Human Resources' Skills Development, Social Development and the Status of Persons with Disabilities consider the employment insurance program; that the Standing Committee on Finance consider the provision of independent fiscal forecasting advice to parliamentarians, and that the Standing Committee on Procedure and House Affairs consider and recommend a process to engage citizens and parliamentarians in a review of our electoral system and review all the options. Orders referring these matters to these committees were adopted in the House on Thursday, November 25, 2004. 

Both the Human Resources and Finance Committees struck or had struck subcommittees to study the referred matters. The Subcommittee on Fiscal Imbalance will begin its hearings in February. The Subcommittee on the Employment Insurance Funds has already made its report to the main Committee, which, in turn, tabled some of the Subcommittee's recommendations as its Second Report, presented to the House on December 16.  The rest of the Subcommittee's report will be taken up by the main Committee when the House returns.  Procedure and House Affairs has decided to study electoral reform as a full Committee, setting aside their Tuesday morning meetings for their hearings on the issue. Representatives from several major think tanks and research organizations, as well as the individual responsible for the work of the British Columbia Citizens' Assembly, political scientist Ken Carty, will be invited to brief the Committee at the outset of its study. The Committee also agreed to televise the proceedings, whenever possible. 

In the Standing Committee on Procedure and House Affairs, the disclosure requirements resulting from the implementation of the new Conflict of Interest Code has elicited a number of complaints from MPs. Many felt the form – which also requires Members to list the assets of spouses and dependent children – is overly-intrusive, too time-consuming and too complex. Formerly, only cabinet ministers and parliamentary secretaries were subject to this level of scrutiny. The issue was taken up by the Standing Committee on Procedure and House Affairs, which established a subcommittee to work with staff from the Office of the Ethics Commissioner to improve the clarity of the document and assist Members in interpreting its requirements. The Subcommittee intends to continue working with the Ethics Commissioner to improve the form before the next election. 

The Standing Committee on Finance tabled its 2004 Pre-Budget Consultation Report (Third Report of the Committee) on December 20. The Committee heard from over 300 witnesses, who had been asked to outline their priorities for government taxation and program spending. The Committee's Report, entitled Moving Forward:  Balancing Priorities and Making Choices for the Economy of the Twenty-First Century, advanced 33 recommendations and was accompanied by dissenting or supplementary opinions from all four parties. 

The Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness has been designated as the committee responsible for reviewing the Anti-terrorism Act (2001), in accordance with section 145 of the legislation.  

A number of committees were authorized to travel.  The Standing Committee on National Defence and Veterans Affairs will travel to Halifax to hear witnesses on the Defence department's acquisition of British submarines. Citizenship and Immigration will hold hearings across Canada on the new citizenship legislation, family reunification, and recognition of foreign credentials. Finally, both the Agriculture and Agri-Food, and Fisheries and Oceans committees will visit the west coast in relation to their studies on avian flu and declining sockeye salmon stocks, respectively. 

The annual Report of the Auditor General of Canada for the year 2004 was tabled on Tuesday, November 23, and referred to the Standing Committee on Public Accounts. 

The final printed version of the Report of the Chief Electoral Officer on the 38th General Election, held June 28, 2004 was tabled on Tuesday, December 14, and referred to the Standing Committee on Procedure and House Affairs. 

Other Business 

On Wednesday, November 24, 2004, at the request of Borys Wrzesnewskyj (Etobicoke Centre, Lib.), the House held an emergency debate on the deteriorating situation in Ukraine. The following day, the House adopted a motion upholding the conclusions of international observers-including two Canadian Parliamentary delegations-that the process electing Mr. Yanukovich as president was fraudulent, and resolving that Canada would seek international support for, and introduce, 'appropriate and effective measures' should President Kuchma and the government of Ukraine not respect the democratic will of the Ukrainian people. 

The House held four additional take-note debates: Hepatitis C (Tuesday, November 2), credit cards (Tuesday, December 7), pine beetle (Monday, December 13), and the textile industry (Tuesday, December 14). The Hepatitis C debate followed on the heels of an earlier debate on a motion by Rob Merrifield (Yellowhead, CPC) to concur in the First Report of the Standing Committee on Health in relation to compensation for Hepatitis C victims.  Similarly, the textile industry discussion effectively continued the debate on  Mr. Martin's (Winnipeg Centre, NDP) motion to concur in the First Report of the Standing Committee on Finance (apparel industry). Both motions were transferred to Government Business when the debate was interrupted. 

On November 1, the House saluted Canada's 2004 Olympic and Paralympic athletes who were seated on the floor of the House 

On November 16, the House paid tribute to the late  Ellen Fairclough, former Member of Parliament and Canada's first female Cabinet minister. 

On December 6, Members made statements commemorating the fifteenth anniversary of the tragedy at Montreal's École polytechnique and condemning violence against women. The House then observed a moment of silence. 

The House resumed Monday, January 31, 2005, at 11:00 a.m. 

Pat Steenberg
Procedural Clerk, House Proceedings