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Thursday, October 6, 1994 VOLUME 133 NUMBER 105 1st SESSION 35th PARLIAMENT OFFICIAL REPORT (HANSARD) Thursday, October 6, 1994 Speaker: The Honourable Gilbert Parent HOUSE OF COMMONS Thursday, October 6, 1994 The House met at 10 a.m. probably forthwith be the subject of a motion for contempt. Maingot goes on to quote Speaker Michener’s famous ruling in _______________ the Pallett privilege case of June 19, 1959. At that time Speaker Michener stated in part: Prayers Simple justice requires that no hon. member should have to submit to investigation of his conduct by the House or a committee until he has been charged with an offence. _______________ In his May 5, 1987, ruling at page 5766 of the Debates [Translation] Speaker Fraser said something which is apt in our current circumstance. He stated: PRIVILEGE I would remind the House, however, that a direct charge or accusation against a member may be made only by way of a substantive motion of which the usual notice is COMMENTS BY PRIME MINISTER—SPEAKER’S RULING required. This is another long–standing practice designed to avoid judgment by innuendo and to prevent the overextended use of our absolute privilege of freedom of The Speaker: I am now prepared to rule on the question of speech. privilege raised by the hon. member for Roberval last Friday, [English] September 30, 1994, concerning comments made by the Rt. Hon. Prime Minister on September 28, 1994. I now want to address the allegation of the hon. member for Roberval that the Prime Minister’s answers misled the House In his presentation, the hon. member for Roberval claimed and whether in the specific circumstances a contempt has taken that the replies made by the Prime Minister during Question place. Period were contradictory. This, he argued, impeded the opposi- tion in the discharge of their duties, since the nature of the [Translation] answers given by the Prime Minister changed a particular line of I have carefully examined the exchanges which took place on questioning followed by the Leader of the Opposition. Quoting September 28, 29 and 30, especially during the Question Periods from Erskine May, the hon. member held that such action of those days. It is clear to me that there is disagreement among constituted a contempt of the House. members over the facts surrounding the issue. And furthermore, [English] no evidence has been presented to support the contention that the Prime Minister deliberately misled the House. To support his contention, the hon. member pointed to the exchanges which took place on September 29 between the hon. [English] member for Sherbrooke and the President of the Queen’s Privy The chief government whip quoted from Beauchesne’s sixth Council for Canada and the Deputy Prime Minister during edition, citation 31(1) which states: question period, as well as the point of order raised by the hon. member for Sherbrooke following question period. A dispute arising between two members, as to allegations of facts, does not fulfil the conditions of parliamentary privilege. The hon. member for Roberval also submitted that, in his (1010 ) view, as the behaviour of the Prime Minister constituted an obstruction of the House, the matter should be referred to the Speaker Fraser noted on December 4, 1986 at Debates page Standing Committee on Procedure and House Affairs, where the 1792: answers and the behaviour of the Prime Minister could be Differences of opinion with respect to fact and details are not infrequent in the reviewed and witnesses summoned. House and do not necessarily constitute a breach of privilege. [Translation] [Translation] Joseph Maingot, in his book entitled Parliamentary Privilege There are numerous other rulings, such as those of Speaker in Canada at page 205, notes that if a member of the House has Lamoureux on February 3, 1971; November 16, 1971; and admitted to deliberately misleading the House or through his or March 2, 1973; as well as those of Speaker Fraser on June 1, her conduct in some other concrete, tangible way has become a 1987, and finally, December 16, 1988, which amply demon- subject of a question of privilege, then that member would strate that this is a long–held view of the Chair. 6597 COMMONS DEBATES October 6, 1994 Routine Proceedings In light of the arguments put forward and the decisions of require a decision by cabinet in response to any recommenda- my predecessors, I must conclude that the matter before us is tions of independent review panels. a dispute as to facts and does not constitute the basis of a [Translation] question of privilege. With the new agency, the new regulations and the new I thank hon. members for their contributions. amendments, the government is moving to implement our election promises on environmental assessment. _____________________________________________ The federal government intends to proclaim the Canadian Environmental Assessment Act which was conceived and devel- oped by the Hon. Leader of the Official Opposition in the fall of ROUTINE PROCEEDINGS 1989. When the bill was in preparation, my hon. colleague said and I quote: ‘‘This law will surely be the best law of its kind in [English] the world’’. I would like to take the opportunity on this memorable GOVERNMENT RESPONSE TO PETITIONS occasion to congratulate the hon. member for Lac Saint–Jean for his role in the development of this Canadian law. I also want to Mr. Peter Milliken (Parliamentary Secretary to Leader of commend the hon. member for his support, even during the the Government in the House of Commons): Mr. Speaker, I recent election, when he said on Le Point, and I quote: ‘‘There is have the honour to table, in both official languages, pursuant to also the federal government’s jurisdiction which must be re- Standing Order 36(8), the government’s response to 11 peti- spected’’. tions. I await the support of the hon. member for Lac Saint–Jean, to * * * whom the environment is more important than petty jurisdic- tional quarrels between different levels of government. THE ENVIRONMENT (1015) Hon. Sheila Copps (Deputy Prime Minister and Minister [English] of the Environment): Mr. Speaker, I wish to advise the House Members on all sides of the House understand that environ- that the government is taking three important initiatives to fulfil mental issues go beyond partisan political bickering. Members our red book promises on environmental assessment. on all sides of the House know that whatever is thrown into [Translation] Hamilton harbour eventually finds its way to Sept–Iles, dans le fleuve Saint–Laurent. First, the government will proclaim the Canadian Environ- [Translation] mental Assessment Act. This means that the Canadian Environ- mental Assessment Agency will be up and running in January. Neither the fish in the St. Lawrence nor the migratory birds on the Prairies carry passports. [English] As every Canadian knows, the process of environmental Second, the government will publish in the next issue of the assessment in Canada has, in the last decade, become mired in Canada Gazette a complete list of new, greener environmental controversy. regulations required to implement the Canadian Environmental [English] Assessment Act. These regulations follow one year of intensive consultation with the provinces, territories, business and envi- Business is unhappy because the current process has become ronmentalists. unbelievably complicated and unpredictable. Environmental groups are unhappy because the process is haphazard, arbitrary In parenthesis I might add that the legislation follows seven and incomplete. The public is unhappy with the current process years of intensive consultation. I want to personally thank not because it drags on forever and the public interest is sometimes only my parliamentary secretary who has done yeoman’s service lost in squabbling among jurisdictions and various interest in moving a very complicated file forward but also and most groups. particularly the team headed by Michel Dorais which worked [Translation] very hard and very long for many years on this issue. Today’s announcement will change that. We are strengthening Third, I wish to advise the House that the government is environmental assessment, and we are also making assessment proposing three amendments to the environmental assessment of projects fairer, less complicated, less costly and more trans- act. The first amendment will entrench in federal law the parent. The new system will ensure that the environmental principle of one project–one assessment. The second amend- effects of projects are considered before these projects are ment will guarantee the public the funding necessary to take part approved, will encourage sustainable development and will in major environmental assessments. The third amendment will require that transboundary issues be considered. 6598 October 6, 1994 COMMONS DEBATES Routine Proceedings [English] approach, a common sense approach to environmental assess- ment. What we are putting in place are practical and effective rules that everyone can understand from the start. We are getting rid [Translation] of a system where clarity and sometimes lack of clarity have resulted in many court actions. The government believes that the actions I am announcing are fair and forceful. To be absolutely certain, we shall have a We are going to have a straightforward, streamlined ap- one–year monitoring program. We want to make sure that the proach. Small scale routine matters will be dealt with through a new law and the new policies do not place an unnecessary simple screening process. Big projects or environmentally burden on industry. We also want to guarantee that no projects sensitive projects will undergo a comprehensive study. with significant environmental impact slip through the cracks. [Translation] (1020 ) The new regime introduces the concept of mediation to see if [English] environmental issues surrounding a project can be resolved to everyone’s satisfaction by consensus. The new rules recognize the unique and historic responsibili- ties of aboriginal people for the stewardship of their traditional [English] lands.
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