Rules, Procedures and the Rights of Parliament

Tuesday, April 5, 2022

The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to table its

SECOND REPORT

Your committee, which is authorized pursuant to rule 12-7(2)(c), to consider the orders and practices of the Senate and the privileges of Parliament, has considered practices of the Senate relating to the use of displays, exhibits, and props in Senate proceedings.

On June 10, 2021, a point of order was raised and subsequently withdrawn in the Senate respecting a senator holding an eagle fan during debate. On June 15, 2021, the Speaker invited this committee to review this issue and consider how the Senate should adapt and modernize its rules and practices to respect the importance of cultural and religious beliefs. This request was formalized by letter the following day. On March 21, 2022, your committee heard testimony from the Honourable Senator McCallum, who explained the significance of the eagle fan to Canada’s Indigenous peoples.

As noted in Senate Procedure in Practice, “Parliamentary usage does not allow the use of exhibits – physical objects used with the goal of reinforcing a point.” This was emphasized in a ruling from the Speaker on November 6, 2012, where the Speaker cited House of Commons Procedure and Practice, “Speakers have consistently ruled out of order displays or demonstrations of any kind used by Members to illustrate their remarks or emphasize their positions. Similarly, props of any kind, used as a way of making a silent comment on issues, have always been found unacceptable in the Chamber.”

Your committee notes that this prohibition relates to items used “as a way of making a silent comment” or in “reinforcing a point.” After Senator McCallum’s testimony, it is clear that this was not the case with respect to the eagle fan, and as such would not have been subject to that prohibition. Items of cultural and religious significance are not tools of debate, but an outward reflection of the identity of the holder, and should be welcome within an inclusive Senate.

Your committee further notes that this prohibition is not codified in the Rules of the Senate, and that its application relies on the application of precedent. This means that practices on this point are inherently flexible and subject to evolution. In practice, the Speaker would only rarely, if ever, proactively raise the issue; senators would instead have to raise a specific concern as a point of order. This is in keeping with the fact that the Senate remains a chamber in which senators themselves are largely responsible for order in proceedings.

Your committee is of the view that this approach provides the necessary flexibility to allow the practices of the Senate to adapt and reflect cultural norms of the day. Your committee does not favour developing an exhaustive list of items, or amending the Rules in relation to this point, since such prescriptive approaches would introduce undue rigidities into the operations of the Senate.

Finally, your committee notes that should any senators have any questions or doubts, as to whether an item they intend to hold or wear in debate may be perceived as a display, exhibit or prop, they are encouraged to contact the Speaker’s office or the Table in advance in relation to their intervention to ensure the Speaker is aware of the significance of the item, and can provide guidance accordingly.

Respectfully submitted,