Speaker sides with Conservatives, ruling to delete 14 amendments from C-10 passed after ‘gag’ order

The Canadian Heritage Committee’s work during its last meeting on the revised Broadcasting Act was for nought, after the Speaker of the House of Commons ruled that the committee had exceeded its authority by moving amendments after a time allocation “gag” order took effect, and ordered that those which passed be removed from the bill. Anthony Rota made his ruling Tuesday, one day after Conservative MP Blake Richards raised the issue Monday in a point of order as the Heritage Committee chair, Liberal MP Scott Simms, was tabling the finished report in the House of Commons. “I would respectfully submit that several of the amendments contained in that fifth report must be struck out because the committee exceeded its authority,” Richards said. The Liberals and the Bloc Québécois cooperated to pass a time allocation motion in the House last Monday to limit the Heritage Committee to five hours of debate to complete its work. After the five hours were up the committee’s work, according to the House order, “shall be interrupted... and in turn, every question necessary for the disposal at the same stage of the bill will be put forthwith and successively without further debate or amendment.” Simms, during committee, interpreted that to mean that the amendments proposed by the four parties, at the beginning of its study, could not be moved and therefore could not be voted on by the committee. The committee members, with votes from the Liberal, NDP and Bloc Quebecois members, overruled the chair's ruling, forcing the committee to move and vote on all the remaining amendments without debate. The reasoning was that it was up to the committee to interpret the standing orders from the House in relation to the amendments that had already been proposed but not yet moved. When a committee overturns a chair’s decision, the admissibility of those amendments made by a committee may be challenged on procedural grounds in the House of Commons during consideration of the bill at report stage, according to House procedures. Approximately 38 amendments were considered last Thursday evening and Friday afternoon by the Heritage Committee after the time allocation order took effect, 14 of which were passed and will now be removed as per the speaker’s order. “We often refer to committees as masters of their own proceedings. But… ‘It is useful to bear in mind that committees are creatures of the House. This means that they have no independent existence and are not permitted to take action unless they have been authorized or empowered to do so by the House,’” Richards said, quoting House procedures. Reading of his ruling, Rota said that precedent in these situations are “very few.” He stated that while it is “generally understood that committees are masters of their own proceedings, this principle is not unlimited” and that “the committee exceeded its authority by putting the question on amendments after five-hour mark.” The House of Commons also debated a second “gag” order that “not more than one hour shall be allotted to the consideration of the bill at report stage” in the House of Commons and that “a motion for third reading may be made immediately after the bill has been concurred at report stage.” It further states that during the third reading, only one member of each recognized party, plus one from the Green Party, will be allowed to speak for not more than 10 minutes followed by five minutes for questions and comments. “The reality of the situation is that, unfortunately, the Conservatives have attempted to hijack this bill in an effort to try to convince Canadians that the government is trying to limit free speech, but nothing could be further from the truth. This is about ensuring that Canadian content continues into the future,” said Liberal MP Mark Gerretsen during debate. Conservative MP Kevin Waugh, who also sits on the Heritage Committee, pointed out that 40 per cent of the bill was not debated in committee because of the first gag order. “We all have good intentions. But this is the worst bill that I have seen in six years. I'm embarrassed,” he said, and added that he has more than 40 years of experience in the broadcasting industry. During debate, which took place Monday evening from 4 p.m. and was adjourned without resolution Tuesday at 1 a.m., Minister of Canadian Heritage Steven Guilbeault issued a notice of closure to end debate on the time allocation motion, which will be voted on when matters regarding Bill C-10 resume in the House. -- Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Hannah Daley at hdaley@thewirereport.ca

Speaker sides with Conservatives, ruling to delete 14 amendments from C-10 passed after ‘gag’ order

Broadcast | June 15, 2021

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Speaker sides with Conservatives, ruling to delete 14 amendments from C-10 passed after ‘gag’ order

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