The Legislative Process / Stages
Passage of Senate amendments: alleged discrepancy between the French and English versions
Debates, pp. 8648-9
Context
On February 4, 2002, Michel Bellehumeur (Berthier–Montcalm) rose on a point of order with respect to an alleged discrepancy between the English and French versions of a Senate amendment to Bill C-7, Youth Criminal Justice Act. He pointed out that, in the French version, the expression “doivent faire” implied a requirement, whereas the expression “should be” used in the English version was a suggestion. Peter MacKay (Pictou–Antigonish–Guysborough) also intervened on the matter.[1]
Resolution
The Speaker ruled immediately. He declared that it was not for the Speaker of the House of Commons to judge the procedural regularity of Senate proceedings and of amendments made by the Senate to bills. He concluded that he had no power to intervene in the matter.
Decision of the Chair
The Speaker: I appreciate the fact that hon. Members have raised this matter once again. It is perhaps an indication that it is a serious one.
I hope the comments made by the hon. Deputy Speaker and Chairman of Committees of the Whole House when he was here, when the matter was first raised by the Member for Berthier–Montcalm, will be applicable at this time.
In my opinion, they are.
I could cite the authority of Marleau and Montpetit on this point at page 674 where it states:
It is not for the Speaker of the House of Commons to rule as to the procedural regularity of proceedings in the Senate and of the amendments it makes to bills.
That citation in my view is important, direct and applicable in this case.
I can perhaps make a suggestion for the hon. Member for Berthier–Montcalm and the hon. Member for Pictou–Antigonish–Guysborough. They can consult the Law Clerk and Parliamentary Counsel and perhaps find other explanations with respect to these amendments.
The Chair has taken some steps to ensure the procedural regularity of things within the powers of the Speaker of the House of Commons in these circumstances. I have a feeling that if hon. Members consult they might get, if not complete, at least increased satisfaction.
I will leave the matter there but I am afraid I am powerless to intervene in this matter.
The amendment was passed by the Senate and it is the amendment which is now being considered by the House.
Some third-party websites may not be compatible with assistive technologies. Should you require assistance with the accessibility of documents found therein, please contact accessible@parl.gc.ca.