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Point of Order--Speaker's Ruling Reserved

April 28, 2022


Hon. Frances Lankin [ + ]

Honourable senators, I have a point of order.

The Hon. the Speaker pro tempore

On a point of order, Senator Lankin.

Senator Lankin [ + ]

You said that with a question mark at the end, a note of surprise, Your Honour.

Honourable senators, in anticipation of the possibility or probability that we will be returning in person next week, I want to raise the question that relates to our rules about where people must be seated and where they must be in their seats or in their space if they are going to be speaking at all.

In preparation for how we would handle sittings during COVID — and we ended up with the hybrid model — there was consideration of how we maintained physical distancing, and that included suggestions of having senators seated in the galleries. I know that the Speaker can open up the galleries to the public or close them to the public and that could be accommodated, but our rules stand in the way of that potentially happening.

I mentioned earlier in a question about our colleagues who, for example, may be extremely immunocompromised, having undergone treatment for cancer, for instance, or who have a family member who comes down with COVID and they must also isolate themselves for a period of time.

I come to this with my experience from an Ontario jurisdiction with women’s legislation and right to know about dangers. I’m wondering how those colleagues will feel about coming back if they must sit shoulder to shoulder.

I have to admit that I am one of these people. I’m here and I participate in Ottawa, but I have a husband who is extremely immunocompromised. If I have space and I take all of the precautions that I do in all aspects of my life, I can be comfortable. If not, I can’t.

Those people who are perhaps in a situation more serious and significant than mine will be denied the opportunity to participate in the business of this chamber if they feel that they can’t be corralled into a space where there’s no physical distancing. I’m concerned about that, and I realize that in order to accommodate that it will involve some order of this chamber because it involves the actual rules about being at your seat when you’re speaking.

I raise this as a point of order knowing that, Your Honour, this is something that would normally be discussed with the Speaker. Maybe in saying this the leadership group will hear it, but I believe it’s a significant problem and it’s a significant challenge for senators to exercise their privilege and right of being here and participating if we don’t have those kinds of measures in place.

While you may not be able to rule on a mandatory process and we have to come back to this chamber to deal with — I leave that with you for consideration and for the consideration by my colleagues in this chamber.

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

Honourable senators, if I may enter the debate on the point of order simply to thank the senator for raising this issue and to offer my commitment in my capacity as government representative — but more importantly as a senator — to work with other leaders, I commit to working with leaders in the hope we can get an appropriate motion for distancing ready to go next week. I’m confident that the leaders will collaborate with me and we can have success in that regard. That would include also to allow gallery seating so that we can make sure that everybody is and feels safe if and when we’re here in person.

The Hon. the Speaker pro tempore

Honourable senators, I want to thank Senator Lankin for raising this very important issue that needs to be discussed and needs to be managed in order for all senators present to abide by the distancing, masks when sitting and when speaking and the space to accommodate.

I thank you again. I will bring this to the attention of the Speaker because this is an urgent matter that needs to be resolved before our sitting next week. Thank you.

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