Amendments to Motions on Progress of Bills / Second Reading

Opposition to bill and reference of subject-matter to committee

Journals p. 208

Debates p. 1058

Background

During debate on the motion for second reading of Bill C-7, an Act to amend the Explosives Act, Mr. Downey (Battle River) proposed an amendment. By the terms of his amendment, in order to repudiate the principle of Bill C-7, which placed the onus of proof of innocence on the accused, he sought to refer the subject-matter of the bill to a standing committee, arguing that the principle of Canadian criminal law extends only to anti-social acts. Having expressed doubts about the acceptability of the proposed amendment, the Acting Speaker (Mr. Laniel) heard a brief comment from a Member and then ruled.

Issue

Can an amendment both oppose a bill and refer the subject-matter to committee?

Decision

No. The amendment is unacceptable.

Reasons given by the Acting Speaker

The amendment tries to oppose the bill and, at the same time, refer the subject­ matter of the bill to a committee. It cannot do both and is therefore out of order. It can either oppose the bill or any part of it, or refuse second reading and refer the subject-matter of the bill to a committee.

Sources cited

Beauchesne, 4th ed., p. 278, c. 386(3).

References

Debates, March 22, 1972, pp. 1055-8.