Skip to content

The Senate

Motion Pertaining to Minimums for Government Bills--Debate Continued

March 29, 2022


Hon. Frances Lankin [ + ]

Honourable senators, the saying is that timing is everything. I’m not sure how to come down from the important and vital discussion that we had with interventions by Senator Simons and Senator Housakos and others to talk about the Rules of the Senate, as important as these are, but I will try and just put forward some brief thoughts on this.

This motion was put forward by Senator Tannas and the Canadian Senators Group. I want to thank them for the work they did in determining how to approach this issue. The issue is one that many of us talk about, complain about, whine about, and it is something that the general public would have no direct knowledge of or see as insider baseball. It’s difficult to command time to find solutions to that and that issue is the challenge that the Senate has when bills arrive in such a time frame from the House of Commons with an urgent request from the government to deal with this in a quick and expedited fashion.

Now, when I began my remarks when this item was last called, I was present in the chamber and not virtual, and I could see the reaction of a number of people when I said I basically agree with the intent, direction and the attempt put forward by this motion. My apologies to my dear colleagues in the GRO. They all looked at me with some shock and I understand why. They have a job to do and I appreciate how hard they and their team all work in impressing upon the government the need to respond and plan in a different way and to give sufficient time — not wasteful time but sufficient time — for the Senate to deal with items in a thorough fashion that allows us to do our job and do our job appropriately on behalf of Canadians and at the expense of taxpayer dollars. I understand and I do thank them for that work.

I also want to say that in terms of our complaints about governments, the Senate’s complaints about how government handled these things stretch over many governments; it’s not just this government. In fact, at this point in time and this Parliament, I acknowledge that we’re dealing with a minority government and that other parties have as much influence over the timing of things coming through to the Senate as the government does. Having said that, I still want to put forward that I support the intent of this.

There are many different opinions around the Senate about whether this particular motion and the particular rule changes being proposed are the appropriate or necessary steps to achieve our goal. I know we will hear speakers coming from different perspectives.

What I have not heard from a majority of senators is a lack of agreement with the concern that Senator Tannas raised. That’s important for us to bring into our consideration as we look forward. If not this, what are the options?

Some will say that the options are using the existing rules. While rules do exist, there are ways to deny requests for leave to expedite. There are other ways in which people can get across the message and achieve a different response, perhaps in timing, and we’ll hear some of those from other speakers to come on this.

However, none of those truly deal with the concern that Senator Tannas and the Conservative Senators Group have raised about the inevitable pressure put on groups or caucuses within the Senate to respond in a way that meets the sense of emergency that is conveyed to us from the government.

I believe that this is an important discussion for us to have. The discussion comes out of frustration with lived experience with this problem as an institution for many years, as the group of us sitting here now for the last few sessions of Parliament has experienced.

The frustration is exacerbated by all the conditions and stresses that we lived through with the pandemic, with all of the world activities that are going on, by the way — and I will say it directly — with an opposition in the Senate that rings bells unnecessarily many times, uses the rules that are there in a dilatory fashion. Again, I understand the reasons for it.

All of those things contribute to a less-than-effective and efficient operation of this chamber and of a consideration with full force of the Senate’s capabilities being put to government legislation that is coming through in every circumstance.

The thing that concerns me about the response that says “just use the existing rules” is that all of those discussions generally take place before they come to the floor and we would use those rules. All of those discussions take place in a meeting among leaders. I fully respect our leadership within the Senate, leaders and facilitators; I respect the work they do and what they bring forward. However, the need for understanding emergency, the need for understanding what it affects in terms of the rest of the scheduled agenda, the need for understanding what it means for perhaps a truncated study or, in cases other than money bills, pre‑studies in which we are not actually dealing with the bill in its final form coming from the House of Commons, I find it concerning that it is not a discussion that is fully transparent to the whole Senate or open for the whole Senate to take a decision on — whether we agree with that kind of approach for dealing with the issue of emergency or urgent handling of bills, treatment of bills in the Senate and voting on bills. As I said earlier, echoing Senator Tannas, it also brings the pressure to bear on either individuals or individual groups.

I don’t see anything unreasonable if the government brings forward on first reading a request that, under these rule changes, automatically could bring forward a 20-minute discussion of what the nature of the emergency is and hear a back and forth. The Senate could vote on that with only a 15-minute bell. That is barely over a half-hour. Most of the unnecessary dilatory bell‑ringing that goes on in this chamber is an hour or multiple back‑to‑backs, several hours sometimes, when it occurs like that. I don’t see what is unreasonable about that.

Yes, we could use other rules that are there, but not necessarily in the same efficient way. The reasons are put out. It’s transparent. The Senate takes a vote and those reasons are understood and accepted. And I think, in the majority of cases, the Senate is reasonable in how they respond and they would, in fact, respond appropriately if it’s truly an emergency. But it brings the transparency to it. It brings it to a decision of the Senate as a whole. Because of the structure of the rules and the timelines, and the automatic right of the Government Representative or the Government Representative Office to bring forward immediately the declaration of this being an urgent matter and have that debated upon, that brings us efficiency.

If people have other ideas, I would urge them to find a way of bringing a small group of people together to talk this through, to see if people could reach a consensus and bring that forward and let us thoroughly, as a chamber, talk about that. Otherwise, I think what has been brought forward is a constructive proposal. It is one that tries to get at the heart of the problem, without creating more delays, and it is to be commended.

I also know that those colleagues who will disagree with the specific approach, but who share the reasoning behind the intent that this is a concern for our chamber, will bring forward their ideas of what is an effective alternative. At the end of the day, that’s what we will have to vote on.

With that, I will keep my remarks uncharacteristically short and stop at this point in time. Thank you very much.

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

Would the honourable senator take a question?

Senator Lankin [ + ]

From my dear colleague in the GRO, yes.

Senator Gold [ + ]

Well, to my dear colleague at the Senate, thank you for your remarks, thoughtful as always.

Senator Lankin, you have had the benefit of being in the chamber since the beginning of the current government. I am sure that you will recall that, over the last six or seven years, the Senate has spent considerable time and effort on many critical and crucial pieces of legislation, such as cannabis legislation, gun control legislation, Indigenous reconciliation legislation and legislation regarding medical assistance in dying.

The Senate’s treatment of these issues, its robust study and debate on these issues are well-documented and, might I say, were done with very little government pressure, were done collegially and without time allocation motions. There has not been one yet used.

We also know how frequent it is — we are living it these days, also — for government items to be adjourned, to sit on the Order Paper for weeks on end with no debate whatsoever, with no speaker, sometimes for many consecutive days, if not longer. There is little that the government can do in these circumstances to prevent this.

I come to my question.

When you look at the entire record of this government, especially taking into consideration, as you noted, the uniqueness of the pandemic through which we have lived for the last two years, in your heart of hearts do you really think that the government has been guilty of irresponsibly or unnecessarily rushing the work of the Senate?

The Hon. the Speaker pro tempore [ + ]

Senator Lankin, your time has expired. We have two more senators who wish to put questions forward. Are you requesting five minutes?

Senator Lankin [ + ]

Yes, please.

The Hon. the Speaker pro tempore [ + ]

Is leave granted, honourable senators?

The Hon. the Speaker pro tempore [ + ]

Leave is not granted, Senator Lankin.

Hon. Raymonde Saint-Germain [ + ]

Honourable senators, I rise today to join the debate on what I consider to be a crucial discussion regarding the ability of the Senate to fulfill its constitutional duty of sober second thought. I want to thank Senator Tannas for putting forward this discussion. I do so as an independent senator and not as ISG facilitator. This is a disclaimer — a preemptive move. I want to share my view on this issue, knowing very well that some of my ISG colleagues will agree and some will disagree. This plurality of opinion and expertise paired with mutual respect is, I believe, one of the strengths of our group.

Allow me first to speak to the context surrounding this motion and on the existing tools we currently have at our disposal. I will also share my thoughts more precisely on the content of the motion that aims to solve the problem that we often face nearing the end of a session or before rising for the winter and summer recess: the rush and the inability to properly study and improve bills coming late to the Senate. I believe we can all agree that the Senate is the master of its own destiny. We should not accept or fold in the face of pressure from the government or the House of Commons that would prevent us from fulfilling our role as senators. On this, I concur with Senator Tannas. However, I believe we have now, within our rules, the power and the ability to provide our sober second thought while working in a complementary way with the elected House as the Canadian public expects us to do.

Let me continue by citing some of the tools that we have at our disposal. We have the ability to do pre-studies on bills that we know will arrive late for our consideration in accordance with rule 10-11(1). This practice is beneficial because it allows us to be ready for debate and, eventually, amendments when the bills arrive in circumstances requiring a diligent and timely response.

We also have, in exceptional circumstances, a simple, yet effective, option: sitting for a longer amount of time. When it comes down to it, the onus to properly study a bill is on us. Notably, there are no rules that say we must adjourn three days after the other place. So then why not sit for one week, two weeks or any amount of time that is needed to complete the work Canadians expect us to do? Bills do not arrive in the Senate with an expiry date, after all. I know some of my colleagues will argue that sitting longer would not solve the issue and that we could not amend bills while the House is adjourned. But I see it differently. Let’s remember that the Senate is the master of its own destiny. There is nothing preventing us from amending these late-arriving bills and sending them back to the other place.

Actually, I agree generally with the notion that the bad planning of the House is not the Senate’s emergency, as stated by the leader of the Canadian Senators Group. However, it is up to senators to express the collective and individual will to sit on days when they do not wish to and stay later than what is indicated on proposed sitting calendars in order to achieve the goal of having thorough examinations of pieces of government legislation.

I want to address the questions surrounding the notion of sending a Senate amendment on a piece of government legislation back to an adjourned House of Commons. Doing this is not simply an ISG problem, a CPC problem or a CSG or PSG problem. It is, in fact, not a Senate problem at all. This is a government-of-the-day problem. This is a House of Commons problem. It is their problem to address it if the situation arises.

We shall keep in mind that the Speaker of the House of Commons has the authority to recall MPs during those break periods in accordance with rule 28(3) of the Standing Orders of the House of Commons. As for us, we would only be fulfilling our constitutional duty, and frankly, colleagues, I do not believe we shall then have to apologize for doing our collective job in keeping the government to account.

Consequently, I also wish to address Senator Tannas’s statement made in his speech of February 8 that “. . . CSG senators will not grant leave to facilitate or waive our rules on the passage of any legislation anymore.”

While I agree that waiving leave of the Senate is an important tool at our disposal and that the practice of granting leave has been vastly used — maybe overused — in this pandemic period, I strongly disagree with this Pavlovian response to deny leave. It doesn’t mean that because of some past abuses there is no merit in granting leave to some urgent issue that would, if legislation is adopted swiftly, greatly benefit Canadians. For example, would any colleague who cares for public interest really be comfortable denying leave of an urgent supply bill, even in a case where that bill had been thoroughly studied by our own expert senators at the National Finance Committee? I don’t believe so.

Allow me to use the example of Bill C-10, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020. It was passed in one day in the Forty-third Parliament on March 13, 2020, at the very beginning of the COVID-19 pandemic. We passed Bill C-10 with leave of the Senate to provide important benefits to Canadian citizens and enterprises for the difficult times ahead.

It was necessary at the time to meet the needs of Canadians and it may still be necessary in the future. While in the worst peaks of this pandemic, we had the duty to act timely in the best public interest. This is not a nuance, colleagues. It is the realpolitik we were then in. Hopefully, the worst of the COVID-19 pandemic is behind us, but we are not immune to tragedies or natural disasters that would require urgent action and approval.

To further highlight the negative effects of this dogmatic approach — and even ill-conceived sophistry — I would like to refer to the debate we had recently on the Emergencies Act. The choice of some of our colleagues to deny leave on a request to waive the usual one-day notice and expedite the debate, while totally valid within our rules, ended up slowing down our work and ensuring that many senators — 16 for the ISG alone — were, in the end, not able to rise and speak to this vital issue. Had this permission been granted, we could have debated on the Friday and on the following Monday.

And what about Bill C-6, An Act to amend the Criminal Code to ban the practice of conversion therapy? It was tabled in late June 2021 in the Senate, but we were not able to pass that bill because leave was then denied for us to do a pre-study. That bill had close to unanimous support in the chamber and was urgently requested by independent experts and the LGBTQ2+ community. Furthermore, it was adopted with leave of the Senate in this new legislature. So, then, why needlessly block its pre-study last summer?

I must say, I think those examples prove the counterproductive nature of this practice and are not in line with the ideal of legislating in the best public interest.

It is, furthermore, proof that Motion No. 30 is superfluous. Since the opening of this Forty-fourth Parliament, Senator Tannas himself has used our rules almost systematically to deny leave, thus preventing the Senate from being rushed by the government or the other place.

I do not agree with the terms of the debate as expressed in the third point of the motion. Limiting debate time to 20 minutes with 5 minutes to each senator would mean that only four could speak up during debates. I feel it would be greatly unjust, letting aside the superficiality of this approach.

Between the recognized groups, the Conservative caucus, the non-affiliated senators and the government representatives, somebody is assured to go unrepresented.

For my own group, the ISG, the option would not be viable. Even in the case where one of our members should rise and speak to the urgency of a bill, it would be impossible for the senator to do so as a spokesperson or representative for the group. Other ISG senators could disagree and feel unrepresented in the debate.

I am sure many of my colleagues from other groups will feel the same way. This approach is simply not aligned with the realities of the contemporary Senate.

However, I must salute Senator Tannas on his openness to suggestions and improvements, which demonstrates his long‑standing and unwavering dedication to the efficiency of the Senate.

Colleagues, the motion before us today is a political statement. It is a demonstration of bravado in response to frustration from the perceived dismissiveness of the other place, which I share. However, it is not necessary nor substantiated if we take a closer look at the rules and if we have the collective courage to apply them properly in combination with a good plan for our parliamentary work.

Moreover, it is only a temporary solution, considering it would only be a sessional order and would not amend any of our Rules. It is so unsubstantiated that, for instance, the Government Representative in the Senate has not, either in the last Parliament or in this new one, used the pressure tool that is time allocation. Instead, he has sought to build consensus among senators. We must keep working in this collegial way.

I will now conclude, hoping that Senator Tannas will still be my friend, with the wise words of a former senator, the late Michael Pitfield, taken from the foreword of the book Protecting Canadian Democracy: The Senate You Never Knew:

Longstanding experience in public administration has taught me to approach anything as challenging as Senate reform with prudence and a reserve of humility. . . .

Those wise words shall inspire us to take our distance from group branding and political bravado. Rather than safeguarding the Senate’s sober second thought, this motion would lead us to the denial of the various options we are already provided with by our Rules and by the rules of the other place. Actually, it would simply delay our parliamentary works, both in the chamber and in committees, at the detriment of the timeliness required in times of need.

That is why I will not support this motion.

Hon. Leo Housakos (Acting Leader of the Opposition) [ + ]

Will Senator Saint-Germain take a question?

Senator Saint-Germain [ + ]

Yes.

Senator Housakos [ + ]

Thank you for that very thoughtful speech. Again, it was well articulated.

Senator Tannas, I hope we’re still friends after I ask the question, but we’ve done a fair amount of naval-gazing in this place. We’re always looking at the Rules. Of course, I’m not against the idea of constant improvement. Nothing is static. We should review the Rules.

However, I’ve been here a number of years, and at the end of the day, we have rules to give certain advantages to the government. We have rules to protect the role of the opposition. I’ve looked at the last few parliaments. Have there been any examples where we haven’t found a consensus to make sure the opposition’s voices are heard? Are there any examples where this chamber hasn’t respected the agenda and timelines of the government in order to respond to important issues, be it during COVID or what-have-you?

It seems that every time we engage in debate here, we need to fix something. I listened to your speech carefully, and it doesn’t seem that the proposition that we have here is fixing anything. Is it really fixing a problem that exists?

Second, we also have time allocation, which the government, of course, has hailed as a badge of honour due to the fact they’ve never used it, which it is, because it also indicates that we have found consensus among leadership, even though we’ve added so many leadership groups.

Would you agree that we’re not really fixing anything at this particular point with this motion?

Senator Saint-Germain [ + ]

Thank you, Senator Housakos, for the question. There is a trap in it, so I will first address the question and then the trap.

As for the question, I do agree that Motion No. 30 does not fix the problem it pretends or wants to fix. On the contrary, I believe this motion is counterproductive, because it will provide some delays that are not relevant regarding an emergency bill or a bill the government pretends is an emergency bill.

As for the trap, I would agree with you that if we use the Rules wisely, as they are written wisely, from a sober-second-thought perspective, I would say that the majority are very well thought out and do not need to be amended. However, I still believe that, given the contemporary Senate, some rules have to be updated in order to provide more fairness for all senators and all groups, and also — and I intend to be polite — to “undust” some practices that are time-consuming and that don’t have any impact on our efficiency — on the contrary.

That’s my answer.

Hon. Julie Miville-Dechêne [ + ]

Senator Saint-Germain, would you take another question?

Senator Saint-Germain [ + ]

Gladly.

Senator Miville-Dechêne [ + ]

I agree with what you said in your speech, but I wanted to ask a question about something specific that has always seemed very simple to me but that also seems to cause huge problems: our schedule.

The problem I have with Senator Tannas’s motion is that it doesn’t take into consideration what we can do to give ourselves more time to study bills. I have to tell you that it’s bewildering how, during the first months of a parliamentary session, we’re always rushed because of upcoming break weeks. We have very little time because of break weeks and our three-day schedule here. That said, our senators’ schedule is surely the main tool we have to work longer hours so we can study government and private members’ bills more in depth.

Ever since I arrived, it has seemed to me that we can’t expect any sympathy from the public if we say we don’t have enough time to study bills, especially if people take a close look at our schedule. I know what I’m saying is a little harsh, but I think it would give us a lot of power if we could all agree to modify the schedule.

Senator Saint-Germain [ + ]

Thank you for the question. I understand that it is about the importance of organizing our work at committees and possibly in the chamber in a way that would keep us from having to push through our work quickly — sometimes even too quickly — at the end of break weeks, during the summer or during the holiday season. I think it is a good example of rules and work organization strategies that could be studied by the Rules Committee or the Selection Committee. The goal would be to organize our business more efficiently while taking into account the constraints of our work, including interpretation and the presence of a fourth group of senators. I agree with you. It depends on us, and it is up to us to see to it. Thank you.

Hon. Marty Deacon [ + ]

Thank you for your speech.

Something I think we’re all thinking about is how we practise and do our work, how we are efficient and how we can do better. I have great empathy and respect for the day we spent before Christmas, on December 17, which was much guided by Senator Tannas. I thought that was a very important day. We took an extra day. I’m sure for some folks that might have even been a stressor going into Christmas, but it was good to have that day and to be able to step back from it.

I am continuing to ask my question — and thank you to Senator Lankin, also — on the problem we’re trying to solve. I hate to be that basic here, but I find that’s where I need to go back to because we do have a set of standards, a set of rules, that we follow. And we do have a problem that we all seem to look at, at the end of June and before Christmas, that we never want to be in again. We want to get away from this.

Is the problem that we don’t have the collective courage and understanding on how we can take the rules of the game in this frankly oversized sandbox — and I mean that in the kindest of ways; I really do, but it’s an oversized sandbox — of understanding how we can progress forward so that we are not sitting again — we might feel an artificial sense of security because we have heard — yes, we have heard — that we might be in a somewhat more stable position until 2025. I don’t know if it’s true or not, but we’ve heard that. So people might think, “Oh, well, this isn’t a rush because I think we’ve got some time.”

What is the collective courage that we need, in your opinion, to make this right within the rules of the game in this sandbox?

Senator Saint-Germain [ + ]

Thank you for the question. You referred, as I also did in my speech, to courage. But courage is linked to remembering, each and every day, why we are here. We are here to give sober second thought to the government bills, to the elected chamber’s analysis of those bills, first and foremost, and to make sure that Aboriginal peoples, vulnerable peoples, regions and people who have no other voice than ours are duly represented. The courage is taking the needed time to do so but not to interpret and use the rules for other objectives.

We are also responsible for our own organization. If we interpret and use the rules in a way that is not aligned with sober second thought, we are accountable to Canadians for that.

Personally, I just don’t like having to rush at the end of a session but, at the same time, what if we never took the time to amend, when so needed, the bills that we really believe need to be amended at the end of a session? Do we then have the courage to send back those bills, to send back a message with amendments to the other place? I do believe this is part of the problem because then the onus will be on us for not having done our job in a timely manner.

But the first condition, I do believe, or the first goal that we should have, is to better organize our work. Frankly, there is a need there, and I think that belief is pretty unanimous.

To that end, I commend the Rules Committee for the work and the dynamism they are having now. I know that the Selection Committee, if and when it has to act, will be acting as well.

Hon. Larry W. Campbell [ + ]

Senator, I have a question. It would appear that there’s some thought that we should sit longer, maybe Mondays and Fridays. Obviously, if I lived in the bubble — Quebec City to, let’s say, Hamilton — I could drive here every day. But, unfortunately, some of us live across Canada, and it takes us two days or a day and a half to get here. Do you think a possible solution here is changing our sitting times so that we can sit five days a week?

Senator Saint-Germain [ + ]

Thank you, senator. You see the problem that I see. Even from Quebec City, it takes me six hours to come here, but we disagree on the solution.

I do believe we could organize our time in order to sit during the usual three-day week that we have planned but to reorganize our schedule and rethink this. At the same time, I also believe that if we have the courage to send a message with amendments to the other place and that means that the Speaker of the House will have to call back the other place, then they may also want to reorganize their work.

Hon. David Richards [ + ]

Senator Saint-Germain, thank you for your speech. The problem with Supplementary Estimates (C) is we had two days. We had to have translation. We had to do clause-by-clause consideration. Within another three or four days, we’re going to get the Main Estimates; they’re going to come through.

We are really rushed with this Supplementary Estimates (C). I don’t think we studied it as well as we could. It is a fundamental financial bill; it has to go through. But there are a lot of clauses in it and a lot of monies that were spent, and we didn’t get as much clarity on it from the witnesses as we may have wanted because it was rushed. I think that was part of the problem that Senator Tannas was trying to deal with and trying to explain and to come to some solution. I wonder if you could address that.

Senator Saint-Germain [ + ]

Senator, I agree that estimates and supply bills are complex bills. This year, especially, those two bills came late, but there is a benefit to the pre-studies that were made, as you know, by the members of the National Finance Committee.

A senator cannot be in a position to study, clause by clause, each and every bill. This is the role and the duty of the Senate committees, to go thoroughly through the bills and then to report to us and make their recommendations of amending or not.

As for supply bills, there is an important tradition to rely or to defer to the other place and to the government. As you know, on a finance bill, a supply bill, a government can be defeated, so there is a nuance there that is important.

In a nutshell, the Senate committees need time to do their work, but we must also consider that the membership of those committees are experts. They must advise us and, if so needed, recommend to us amendments that we need to carefully study as a chamber.

Senator Housakos [ + ]

If the honourable senator will take another question, I will be very brief. I seem to get a sense, especially from Senator Miville-Dechêne, and I do know this, that some senators have been frustrated with the pace at which things move here.

The truth of the matter, though, if you will admit, Senator Saint-Germain — is that we choose to sit Tuesday to Thursday. This Parliament has a calendar schedule of Monday to Friday. Like the House of Commons, we can easily be sitting Monday to Friday.

Do you agree we could easily be sitting past the end of June to deliberate issues? It’s the choice of the leadership groups that we rise when we rise.

Again, going back to my point, I don’t think this is an issue that will be resolved by the Rules. The Rules are there to have this chamber sit as long or as little as we want. Thank God, in 2022, in Canada, it doesn’t take two days to come to Ottawa unless you’re coming by horse and buggy. The truth is if we wanted to sit intensely, we could.

Senator Saint-Germain [ + ]

Senator Housakos, I won’t admit anything, but I will concur with you that the onus is on us to organize our work first during these three sitting days. There is more efficiency to gain there; I am sure of it. If and when so needed, it is what we do and what we have done during the intensive sessions, when we need to be there for more than three days, be it four days or five days, or when there are emergencies as well. So, yes, the onus is on us to better organize ourselves.

Thank you, senator, for your intervention. We are still friends.

I wanted to ask for your comments on a couple of things. First of all, let me say I totally agree with you. I know Senator Mercer mentioned this at Christmastime.

We have to be brave enough and apply the right amount of sobriety to a decision to reject any argument that says we shouldn’t amend because the House of Commons has gone home. I agree with you. If we collectively say we will do that, then I have no problem staying here for as long as it takes to thoroughly study bills at the end of sessions. But it is galling that we are asked to whistle something through, not study it properly or be able to deal with amendments.

I want to associate myself with that portion of your speech.

I think I said that I don’t believe that Motion No. 30 is going to fix all of our problems, but there have been some scenarios, and you mentioned some in your speech. Let me give you some scenarios where this would be helpful.

We know that in our Rules a piece of legislation needs two days to go from first reading to second reading, and one day to go from second reading to third reading. This would eliminate that. Instead, at second reading the leader could stand up and say, “This is an emergency. We need to get rid of the two days and the one day, and we need to focus on this because of time.” We could then take it from there. We could send it out for a two-day study. We could do whatever we want, but we’re not wasting time on days.

The scenario that I also wanted to raise was one that didn’t happen but very nearly happened in this chamber in the last week, and that would have been back‑to-work legislation where the modus operandi would have been to ask for leave and would have put at least one member of this chamber in the incredibly uncomfortable spot of granting leave in order to speed up back-to-work legislation. If we had this, that senator and others could exercise their right to object without having the wheels go off the cart.

I’m wondering what piece of the Rules you would imagine we could use that could then replicate this in a way that is within the Rules. In other words, how do we suspend without granting leave and requiring every single senator to sit with their mouths shut and on their hands in cases where maybe it’s a religious thing, maybe there is a key piece of social legislation that they vehemently oppose? That’s familiar, where there is an emergency and we need to get it through for whatever reason. That was being somewhat sold to us at Christmastime on Bill C-6.

How do you see this going? This may not be the answer, but I’m interested to know what thought you gave to some of those scenarios that we have confronted or very nearly confronted.

Senator Saint-Germain [ + ]

On the first part of your question with regard to the notice that requires one or two days hence, I think as a chamber we can decide that the emergency exists and waive it. Then we agree that it won’t be one day hence, but will be now.

I will now go to your third question, because there is a link. If only one senator refuses to grant leave, the senator has the onus to demonstrate why it is this way. When denial of leave is only for one or two days and there is no emergency, we can cope with that.

When you refer to back-to-work legislation, generally we know that the situations have evolved, the negotiations with the unions have not been conclusive and that we will need to study the bill in a kind of emergency situation, but that does not mean that we won’t vote on a bill in a timely manner, given we have enough time to organize our work and study this back-to-work legislation. It doesn’t come with a time allocation. Each time we did this — and I remember it has been the case three times since 2016 — we took the time needed to study these bills.

To return to your first question, the issue of one senator being able to deny leave comes with the responsibility of the senator to have a very good reason in doing so. I trust all my colleagues to be responsible to that end. Frankly, when we look at the best public interest, it is normally something that we have to do only exceptionally.

If we see some abuse of this, let’s refer it to our Rules Committee to try to find a different way to address this issue. Thank you.

Senator Gold [ + ]

My apologies, honourable colleague, but if I may ask you a question. I think you made a really good point about our calendar, as others have made as well. If we go back in history — and those with more experience will confirm this — our Senate calendar was organized differently to better accommodate the work of the House and the corresponding work of the Senate.

Do you think a potential solution to the problem that is being voiced is for the Rules Committee to take a look at our calendar and perhaps we could sit for a couple of weeks in July, or at least after the House rises? We could take away a couple of weeks or do some switching in terms of the calendar, such that if and when, as I think history reveals, bills do come to us in June, to put them in the window. Sometimes, because they are a matter of importance, we do take the time, as you’ve suggested, to study them and have the ability to do our work with an expectation that that’s, in fact, how we carry out our work, not simply — regardless of what the House says or the government says — “well, we’re off for our two and a half months of summer break.”

Senator Saint-Germain [ + ]

I think that the Rules Committee and the Selection Committee could have a look at it, and at the same time the site of MétéoMédia for us to benefit from the best times in the summer as well.

Back to top