Income Tax Act
Point of Order--Speaker's Ruling
February 12, 2026
I rise on a point of order. When we were in Committee of the Whole, we had questions that were excellent. Senator Cardozo, in particular, had an excellent question, and I totally support what he is trying to do. But the tradition and rules, in my experience, when we’re in Committee of the Whole with a minister on a particular bill, allow for some flexibility to the scope of the discussion, but the scope should pertain to the bill before the Senate.
For example, I would have had questions — as I’m sure others would — on different matters for the Minister of Finance. I would have had questions about beneficial ownership, questions about the Canada Revenue Agency, or CRA, call centre and so on. We need a clear understanding. This minister will be back regarding Bill C-15. Other ministers will be here in Committee of the Whole.
What can we ask? Do we have to restrict ourselves to the legislation? Some people are very creative, working in other questions around the bill, which is fair game. However, if we can ask anything of any minister when they are before us in Committee of the Whole distinct from the bill before us, I would like to know that. I’m sure my colleagues would like to know that as well. Thank you.
Honourable senators, I don’t disagree with the honourable senator, but I wish he had listened to my question a little more closely because I was very clear in stating that the issue I was raising could have been raised within this bill or within another bill.
I am particularly concerned with ensuring that, when we raise issues of concern to young people in this chamber, we do so with respect.
I did what I did and was very clear. Maybe he felt I was going a bit too far. I don’t know whether he heard the beginning of my question. It seemed as if he didn’t, but I will believe whatever he says on that.
If we have an objection, unless it is outrageously outside the purview — if I asked a question that was not even in his portfolio, yes — perhaps out of courtesy to each other, the time to raise it would be now, after the session, as opposed to raising it then, which I thought was very indelicate. Perhaps it changes the tone of the way we operate in this chamber. This is a chamber of not just sober second thought but respectful dealings with each other. As I said, unless things are wildly out of proportion, I would suggest people consider their timing when they want to object to such things.
Senator Downe was within his rights to raise a point of order. He raised his point of order. Senator Cormier was within his rights to make a rule about that, and Senator Cormier gave the floor back to Senator Cardozo. So I think that everything proceeded appropriately.
However, when we’re considering matters like Bill C-19 and when the purpose of the Committee of the Whole is to work on that bill, I think that Senator Downe’s point was valid, as was Senator Cardozo’s point in his response. Senators may need to be reminded that it’s important to focus their questions primarily on the subject matter of the Committee of the Whole. There will be other opportunities for senators to raise other issues, such as when we meet with ministers invited to answer general questions.
In the case of Committee of the Whole, I believe both senators were within their rights.
Are there any other senators who would like to comment?
Senator Cardozo made some points to which I think I should respond. I listened to his whole question; that’s why I got up.
When it was done, it was done within the Rules of the Senate, which is my very point and the foundation of my argument. If we are to be a chamber of rules, we should follow the Rules. If the Rules are unclear to people, then there should be clarity from Your Honour, and I hope, either now or on reflection, you will make that ruling.
Thank you, Senator Downe, for bringing up this issue.
Honourable senators, a Committee of the Whole is a committee and like any other committee, master of its own proceedings. A point of order was raised during Committee of the Whole and the chair ruled. If senators wish to set parameters for future Committees of the Whole, they may do so by way of motion.
