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Point of Order

November 5, 2020


Hon. Yonah Martin (Deputy Leader of the Opposition) [ + ]

I stand on a point of order, Your Honour.

The Hon. the Speaker [ + ]

Point of order?

Senator Martin [ + ]

Yes.

This is something I wanted to raise before because — I’ve lost count of how many — there have been other instances. Your Honour, I would like to quote your statement from February 15, 2018. You said:

Honourable senators, before calling for Orders of the Day, I would like to take this opportunity to remind senators that parliamentary practice does not allow the use of exhibits and props. In November 6, 2012, the Speaker made this point when quoting from page 612 of the second edition of House of Commons Procedure and Practice, which states that “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.” I encourage all colleagues to respect this prohibition.

Having just reviewed your remarks, Your Honour, from February 15, 2018, I have noted that one of our colleagues who is scheduled to speak today is wearing a mask, which many of us are wearing, but it does have some visible representation of her position on a bill that is being put forward.

I would ask the Honourable Senator McPhedran to replace the mask, if there is another one, or remove the mask, in that we should always put forward our positions through words, through debate, and not through the use of props. In this case I purport, based on your explanation and guidance, Your Honour, that the mask with writing that supports a position that she is putting forward is a prop. Thank you.

Your Honour, I wonder if I could seek some clarification on the rule around raising a point of order. I had understood that it was to occur at the first possible opportunity. I wore this mask all last week and all this week, all the time I’ve been in the chamber.

The Hon. the Speaker [ + ]

A point of order can be raised at any time except during Routine Proceedings and Question Period. What you’re referring to with notice are questions of privilege.

Would you like to address Senator Martin’s comments, Senator McPhedran?

Senator Martin [ + ]

May I respond?

The Hon. the Speaker [ + ]

I think I answered the question, Senator Martin. The question that was raised had to do with whether it was a point of privilege or a point of order.

Senator McPhedran, would you like to address Senator Martin’s remarks?

Yes, thank you, Your Honour.

In the period of time that I’ve been here, which is approaching four years, there have been numerous occasions when, to mark certain concerns, we have worn lapel pins, we have worn t-shirts of a particular colour or we have worn scarves of a particular colour. I’m not aware of an issue being raised up until now.

In addition to that, the wearing of masks is a new situation for us. I would certainly be very grateful for a clarification from you on this matter. Thank you.

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