Skip to content

Point of Order

Speaker’s Ruling Reserved

April 25, 2023


Hon. Leo Housakos [ + ]

I rise on a point of order calling upon rule 2-9(1) and rule 2-9(2) in Chapter Two of the Rules of the Senate. My point of order, Your Honour, deals with a Senate intervention that has, in my opinion, created a dispute between two senators. During the course of debate in this chamber, we have a senator who, in my opinion, was maligned and injured. In particular, that is covered under rule 2-9(2).

Your Honour, throughout the years that I’ve been in this chamber — now going on my fifteenth year — I have never seen this degree of partisanship and vicious personal attacks, which I’ve seen over the last little while. This is a place of Parliament. We’ve had some very acrimonious debates throughout the years. I sat in that chair as Speaker when many of those acrimonious debates took place between the government on one side and the opposition on the other. Let me tell you, there weren’t any doves in the Liberal opposition at the time. There were some fierce debaters — people like Senator Mercer, Senator Fraser and Senator Mitchell. Senator Cordy, at the time, was pretty good at doing her job as the official opposition.

We would sit late into the month of June, and we would have the opposition doing what they thought they needed to do on behalf of Canadians. We had the majority in this chamber, at the time, doing what we thought we had a mandate to do by the elected people. Yet, at no point in time did we impugn motive. At no point in time did we accuse leaders of the official opposition of lying or misleading. That is what happened this evening, Your Honour.

We had a member of this chamber on their feet, whom the Speaker had recognized — an honourable member in this place — and in the heat of partisan political debate, we know there is heckling, and sometimes we get carried away, but I think it is wholly unacceptable to have a member of this chamber speak disparagingly of another member, particularly calling into question their integrity and stating that the point of order that this particular individual was articulating at the time was a lie.

I know you’ve recently undertaken deep reflection regarding what is parliamentary language and what isn’t, Your Honour. I expect that we will have a ruling on that at the same speed that we had a ruling on how we use time allocation.

There has also been a tradition — and correct me if I am wrong, Your Honour — that when a colleague points disparagingly at another during debate, the Speaker would call them to order. That was the practice when I arrived here. That was the practice I exercised when I was the Speaker. I know, Your Honour, that you do grant us a great deal of latitude in debate and in the rules of this chamber, but I think it’s incumbent, colleagues, on all of our parts here, that we can disagree on issues. We’re not on the same side of the political spectrum, despite the fact that there is an overwhelming number here who are independent. The truth of the matter is we are on different sides of all the debates. That’s our job. That’s what we come here to do. We are here to do that vigorously.

I am one who loves vigorous debate. I love engaging in vigorous debate, but I also encourage vigorous debate back and a clash of ideas. If I cross that line, I expect the Speaker to call me to order, and I will be the first to apologize if I ever impugn the motive of any individual in this place, or if I ever show behaviour that is unbecoming of a senator.

I rise with hesitation, Your Honour. Going forward, if we don’t calm the temperatures down and start respecting decorum and the basic rules of this institution, debate will continue to really slide down the slippery slope.

It’s a point of order that’s important, and I leave it with you, Your Honour, to do what you see fit with it.

Hon. Marc Gold (Government Representative in the Senate) [ + ]

Your Honour, just a point of clarification. Am I not correct that since your ruling was just upheld, we’re actually now on debate on Motion No. 96? Am I correct?

The Hon. the Speaker [ + ]

Senator Housakos rose on a point of order. I hadn’t called you yet for debate.

Does any other senator wish to comment on Senator Housakos’ point of order?

I agree with my colleague Senator Housakos. This chamber is an honourable place, an exemplary place in Canada where we debate respectfully. When we rise to express an opinion, present a point of view or, in this case, support a motion moved by the Leader of the Opposition, we expect our point of view to be listened to with respect. When the debate is over or the bells ring for a standing vote, we don’t expect anyone to cross the aisle, come see us, point their finger at us and argue in an intimidating manner. As Senator Housakos said, I’ve never seen anything like it in 14 years.

We must show respect for each other. We must respect each other’s opinions under the rules. We appealed your ruling. Honourable senators may not realize this, but your role is not the same as that of the Speaker of the House of Commons. Once the Speaker of the House of Commons delivers a ruling, it’s final. However, the Speaker of the Senate is a senator like any other. He has the right to his opinion and we have the right to ours. That is why senators have the right to appeal a Speaker’s ruling. The Speaker of the Senate is a senator like any other. He can even participate in debate and vote. The Speaker is a senator like any other and we have the right to express our disagreement without being threatened, intimidated or singled out. We must follow the rules. We must show respect for each other. We are an honourable chamber and we must behave in an honourable way in accordance with the rules of debate.

Senator Gold [ + ]

On the point of order.

My apologies, colleagues. Members in the opposition have been heckling speakers — whether it’s me or any members — for years and interrupting us when we try to speak. In this very debate, Senator Plett impugned my integrity. He said that I misled this chamber, which was not true. He said that I moved this for my own personal motives — “self-serving motives” was the term I believe he used. That is speaking very much to motives. It saddens me to have to rise to even remind this chamber of what we all heard.

I think that what happened after the vote is a matter that is something that grown-up parliamentarians can possibly tolerate. I do not think it rises to intimidation, as you have characterized it. In that regard, Your Honour, I hope that you can dispose of this point of order quickly.

This is just yet one other attempt by the opposition to delay proceedings, to deny us as senators our democratic right to pronounce on a bill that has been before us for a very long time. It’s standing in the way of the Senate doing its job on behalf of Canadians. Thank you.

Hon. Donald Neil Plett (Leader of the Opposition) [ + ]

I was not going to rise on this point of order. I was going to let you make a ruling. For some reason the government leader — which he is now hopefully going to be styled as forever and a day, and we will certainly be making that request to Internal Economy that everything is changed here, that he is now the government leader, because, of course, in your ruling you styled him as such — but that’s not what I’m speaking to.

Senator Gold just simply referenced my comments as somehow being relevant in this point of order. My comments that I made about Senator Gold were during my speech. He had the opportunity to debate those comments, and he did that forcefully and vigorously.

I said earlier today, Your Honour, I may not agree with Senate colleagues, but I will defend to the death your right to your opinion.

Senator Gold has an opinion of our conversation. I have a different opinion. I relayed to this chamber what my opinion was, and he relayed what his opinion was, and they were completely opposite. One of them clearly cannot be entirely correct, and the other one possibly entirely false. I’m not sure. I had an opinion of something, and he, according to what he is saying, had a different opinion.

That is not what this point of order at all, Your Honour, was related to. The exchange that Senator Gold and I had in this chamber was about a point of order that I legitimately raised on an issue that has been a long-festering issue for seven or eight years.

Senator Housakos and then Senator Carignan spoke to an issue that happened by other senators, not Senator Gold making disparaging comments possibly towards me. I take no exception to what Senator Gold said in any of his speech, and I hope he doesn’t take exception to what I said. But I hope, Your Honour, that you will entirely ignore the comments that Senator Gold just made in regard to this point of order because they were entirely irrelevant to this point of order.

Hon. Raymonde Saint-Germain [ + ]

I’m flummoxed by the reason for this point of order. As far as I’m concerned, we’re referring to events that apparently took place today. My recollection is that while senators were speaking, several senators were commenting on the remarks from this side of the House. I have no recollection of having heard a derogatory remark or seen a threatening attitude, as was just said, by any senator before the sitting was suspended. In my opinion, if the Senate sitting is suspended, there’s no reason to raise a point of order.

Hon. Julie Miville-Dechêne [ + ]

I was very surprised by Senator Housakos’ point of order and Senator Carignan’s speech on the issue of respect. It is very rare on this side of the House — well, it doesn’t happen.

During Question Period, from where I sit, I always hear, generally speaking, noises and comments that show a consistent lack of respect for Senator Gold’s answers.

I’m telling you this because from where I am, I see everything. If there was some disrespect in the exchange that you’re talking about — which I doubt — that is something we see every day in QP, absolutely.

The Hon. the Speaker [ + ]

Honourable senators, the point of order that was raised by Senator Housakos and spoken to, so far, by two or three other colleagues is a very narrow point of order. I know we could be here for a much longer time listening to more comments, but I believe I’ve heard enough to take it under advisement. There is also an outstanding ruling which will be coming shortly pertaining to language in the chamber as well, but I believe I’ve heard enough for the night. Thank you, colleagues, for your input.

We return to debate on Motion No. 96.

Back to top