CANADA House of Commons Debates VOLUME 145 Ï NUMBER 141 Ï 3rd SESSION Ï 40th PARLIAMENT OFFICIAL REPORT (HANSARD) Tuesday, March 8, 2011 Speaker: The Honourable Peter Milliken CONTENTS (Table of Contents appears at back of this issue.) 8753 HOUSE OF COMMONS Tuesday, March 8, 2011 The House met at 10 a.m. privilege and/or a possible case of contempt of Parliament and recommends it takes the measures it deems appropriate. *** Prayers [Translation] PETITIONS ROUTINE PROCEEDINGS CONTAMINATED WATER IN SHANNON Ï (1005) Ms. Christiane Gagnon (Québec, BQ): Mr. Speaker, it is with [English] empathy that I present a second round of petitions regarding the COMMITTEES OF THE HOUSE contaminated water in Shannon. Over 1,000 people are adding their names to those of the 23,000 people who signed the document I FOREIGN AFFAIRS AND INTERNATIONAL DEVELOPMENT presented in June 2009. Mr. Dean Allison (Niagara West—Glanbrook, CPC): Mr. Speaker, I have the honour to present, in both official languages, the It is clear this morning that this issue continues to affect people. eighth report of the Standing Committee on Foreign Affairs and We know that a trial is currently underway in the class-action lawsuit International Development in relation to Bill C-61, An Act to by people from the municipality of Shannon, who drank con- provide for the taking of restrictive measures in respect of the taminated water for 22 years. The government knew that, but did not property of officials and former officials of foreign states and of their tell the public. family members. Therefore, I once again urge the government to do everything it VETERANS AFFAIRS can to contact as many people as possible who lived in Shannon and Mr. Gary Schellenberger (Perth—Wellington, CPC): Mr. Valcartier. It must also be proactive, stop making attempts to obstruct Speaker, I have the honour to present, in both official languages, this file and it must comply with the orders of this House and give the third report of the Standing Committee on Veterans Affairs in access to the documents requested. We have asked the government to relation to Bill C-55, An Act to amend the Canadian Forces present these documents and it has not yet done so. Members and Veterans Re-establishment and Compensation Act and the Pension Act. Lastly, if the government is truly acting in good faith, it must acknowledge its responsibility, compensate those who were The committee has studied the bill and has decided to report the contaminated and decontaminate the areas affected. It is clear that bill back to the House with amendments. the government is waiting for the trial to end. However, it could have been proactive, which is what the public is asking for. GOVERNMENT OPERATIONS AND ESTIMATES Hon. John McKay (Scarborough—Guildwood, Lib.): Mr. [English] Speaker, I have two reports of the government operations committee. THE ENVIRONMENT [Translation] Mr. Nathan Cullen (Skeena—Bulkley Valley, NDP): Mr. I have the honour to table, in both official languages, the ninth Speaker, it is my pleasure to present a petition from folks in the report of the Standing Committee on Government Operations and Kelowna and Victoria area. This is yet another petition, with which Estimates in relation to its study on Supplementary Estimates (C). our office has absolutely been flooded, from Canadians expressing [English] serious and dire concern of the government's plans to allow an 1,100 kilometre pipeline for raw bitumen coming from Alberta to the port I also have the honour to present, in both official languages, the in Kitimat and then the supertankers that would carry that raw eighth report of the Standing Committee on Government Operations bitumen through the north coast in some of the most treacherous and Estimates in relation to its study on the financing of renewable waters in the world. Some members in the House will be aware of energy projects by the government. By this report, the committee the concerns expressed by people all along B.C.'s coast and into the wants to draw to the attention of the House a potential breach of its interior. 8754 COMMONS DEBATES March 8, 2011 Points of Order The petitioners are calling on the government to finally enact in For those reasons, the motion is at odds with long-standing legislation the ban on supertankers on B.C.'s north coast, no longer parliamentary conventions and practices. Let me explain further. providing the uncertainty both to industry and to communities. As you know, Mr. Speaker, the House has significant powers The petitioners recognize the important and fragile nature of the derived from its privileges and immunities. Perhaps the most north coast ecosystem, as even the Conservative government does important privilege is freedom of speech in parliamentary proceed- from time to time. ings. While this privilege is normally associated with the right of The petitioners number in the many dozens. individual members, it also applies to motions adopted by the House. AFGHANISTAN As O'Brien and Bosc state at page 91: Mr. Jim Maloway (Elmwood—Transcona, NDP): Mr. Speaker, Generally considered to be an individual privilege, the courts have confirmed that my petition is signed by dozens of Canadians and calls on the freedom of speech is also a collective privilege of the House. Motions carried by the government to end Canada's military involvement in Afghanistan. House are expressed collectively by its Members and therefore cannot be challenged in a court of law. Ever since May 2008, when Parliament passed its resolution to withdraw the Canadian Forces in 2011, the Prime Minister stayed on However, motions, such as the one being debated today, can have track until the Liberals approached him and offered to support him to a direct, real and personal effect on an individual and his or her continue with an involvement in Afghanistan. reputation. Given the broad powers accorded to the House in this regard, the House has established practices and conventions to Committing 1,000 soldiers to this supposed training mission still ensure that its powers are exercised judiciously and that due process presents a great danger to our troops and an unnecessary expense is respected. As O'Brien and Bosc note at page 97: when we are looking at a $56 billion deficit. The military mission has cost us over $18 billion so far, money that could have been used The privilege of freedom of speech is an extremely powerful immunity and on to improve health care and seniors' pensions in this country. occasion Speakers have had to caution Members about its misuse. In fact, polls show that a clear majority of Canadians want the O'Brien and Bosc go on to cite Speaker Fraser's 1987 ruling military mission to end on schedule in July 2011. Therefore, the where he stated: petitioners call upon the Prime Minister to honour the will of Such a privilege confers grave responsibilities on those who are protected by it. Parliament and bring the troops home now. By that I mean specifically the Hon. Members of this place. The consequences of its abuse can be terrible. Innocent people could be slandered with no redress available to *** them. Reputations could be destroyed on the basis of false rumour. All Hon. Members are conscious of the care they must exercise in availing themselves of their QUESTIONS ON THE ORDER PAPER absolute privilege of freedom of speech. That is why there are long-standing practices Mr. Tom Lukiwski (Parliamentary Secretary to the Leader of and traditions observed in this House to counter the potential for abuse. the Government in the House of Commons, CPC): Mr. Speaker, I ask that all questions be allowed to stand. One practice observed by the House to protect the interests of individuals is the sub judice convention. As O'Brien and Bosc state The Speaker: Is that agreed? at page 99: Some hon. members: Agreed. It is accepted practice that, in the interests of justice and fair play, certain restrictions should be placed on the freedom of Members of Parliament to make *** reference in the course of debate to matters awaiting judicial decisions, and that such matters should not be the subject of motions or questions in the House. POINTS OF ORDER OPPOSITION MOTION O'Brien and Bosc go on to state: Mr. Tom Lukiwski (Parliamentary Secretary to the Leader of The acceptance of a restriction is a voluntary restraint on the part of the House to protect an accused person or other party to a court action or judicial inquiry from the Government in the House of Commons, CPC): Mr. Speaker, I suffering any prejudicial effect from public discussion of the issue. rise on a point of order with respect to the motion presented by the Liberal Party and the Liberal member for Beauséjour. Specifically, I As O'Brien and Bosc note at page 100: would ask that you consider whether this motion is acceptable in The sub judice convention is important in the conduct of business in the House. It light of the sub judice convention. protects the rights of interested parties before the courts, and preserves and maintains the separation and mutual respect between the legislature and the judiciary. The Today's motion passes judgment on a political entity and on four convention ensures that a balance is created between the need for a separate, private individuals. It asks the House to serve as a judge and jury impartial judiciary and free speech. over a private civil matter that is before the courts. Specifically, it makes a finding of fraud. It asks the Prime Minister to direct the The sub judice convention is well recognized by other procedural financial affairs of a political party, it asks the Government of authorities as well.