May 9, 1956

LIB

Louis-René Beaudoin (Speaker of the House of Commons)

Liberal

Mr. Speaker:

Oh yes. Well, hon. members seem to be surprised. The motion is that this house go into committee of the whole at the next sitting to consider the following proposed resolution. By "next sitting" is meant the next sitting at which the government decides it wants to take it up. If that motion is defeated another motion can be made to reintroduce the resolution because the house may decide it will go into committee of the whole on some other day although it has been decided on a previous day not to go into committee of the whole. The same with the motion on second reading. If the house decides on that day it will not read it it may be read a second time on another day.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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PC

Edmund Davie Fulton

Progressive Conservative

Mr. Fulton:

Mr. Speaker-

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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?

Some hon. Members:

Sit down.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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PC

Edmund Davie Fulton

Progressive Conservative

Mr. Fulton:

Does Your Honour argue that if the motion that a bill be now read a second time is negatived the government could introduce that motion again during the same session? If the motion that a bill be now read a second time were negatived and the house decided it should not be read a second time, does Your Honour argue that the government could introduce that same motion later during that session on the same bill?

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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LIB

Louis-René Beaudoin (Speaker of the House of Commons)

Liberal

Mr. Speaker:

Oh yes.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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PC

Edmund Davie Fulton

Progressive Conservative

Mr. Fulton:

Oh no.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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LIB

Louis-René Beaudoin (Speaker of the House of Commons)

Liberal

Mr. Speaker:

The hon. member for Kamloops seems to be scandalized by my statement to that effect and now the discussion is ranging from one point to another. Hon. members will admit that some of them might have come prepared to discuss this point of order whereas I was not prepared. I am not going to allow myself to go throughout the various rules of the book this afternoon and the citation to which I referred should be easy to find. The citation is to the effect that it is not appropriate for the people opposing the bill to vote against the second reading because all they decide then is that second reading be not now given, and that it be given second reading some other time. That is what the citation says; look at the second reading of bills. See Beauchesne's third edition, citation 656.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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CCF

Major James William Coldwell

Co-operative Commonwealth Federation (C.C.F.)

Mr. Coldwell:

Mr. Speaker, may I say one word. I presume that hon. members of the government before this was introduced gave consideration as to whether or not this was the right way to proceed and the odd thing to me is that no member of the government has risen to support any argument in favour of considering this. You, Mr. Speaker, have

had to carry the burden of the whole argument. I am sui*e they must have gone into this rather thoroughly.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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LIB

Joseph Miville Dechene

Liberal

Mr. Dechene:

This is not a debating society.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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PC

Donald Methuen Fleming

Progressive Conservative

Mr. Fleming:

The hon. member for Fort William (Mr. Mclvor) spoke for the government.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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?

An hon. Member:

It is too complicated for them.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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LIB

Louis-René Beaudoin (Speaker of the House of Commons)

Liberal

Mr. Speaker:

Hon. members should not imply that there might have been some sort of a sinister conspiracy in order to organize this.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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CCF

Major James William Coldwell

Co-operative Commonwealth Federation (C.C.F.)

Mr. Coldwell:

Oh, Mr. Speaker, do not put that interpretation on my words. I was commenting on the fact that you are the judge in this particular instance and I was expecting arguments pro and con from those who believe that this is or is not the right procedure.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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LIB

Louis-René Beaudoin (Speaker of the House of Commons)

Liberal

Mr. Speaker:

I want to tell hon. members that the resolution which is now on the order paper-I still have to read it. I heard the statement made by the minister the other day in which he explained that he would place another resolution on the order paper and I consider that that is what we are talking about. I have not read it.

It is up to any hon. member to come and consult the officials of the house or even to come and consult me. It is one of the duties of the Clerk to advise the Speaker. While the Leader of the Opposition (Mr. Drew), the hon. member for Kamloops (Mr. Fulton) and the hon. member for Winnipeg North Centre (Mr. Knowles) were speaking, the Clerk was good enough to send me some very good references which I had time to read. I listened very attentively to the points made by all the hon. members who spoke. They spoke at sufficient length to permit me to examine the references and I am making my ruling. We are at the point now where we are discussing-

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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CCF

Stanley Howard Knowles (Whip of the Co-operative Commonwealth Federation)

Co-operative Commonwealth Federation (C.C.F.)

Mr. Knowles:

Is Your Honour making a ruling on a resolution which you say you have not read?

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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LIB

Louis-René Beaudoin (Speaker of the House of Commons)

Liberal

Mr. Speaker:

I am not called upon to rule on the content of the resolution. I am called upon to rule as to whether or not that resolution should be on the order paper following the rule which says that 48 hours' notice should be given. The resolution will come up tomorrow as a notice of motion and the motion will have to be made to appoint another day in order to have it considered.

Now, I offered earlier to delay the judgment in this case until tomorrow. Hon. members have indicated that they wanted to have a ruling now. I have given my ruling

and I think we have had a discussion of sufficient length. I will say this to hon. members. If after reading Hansard tomorrow morning and after consulting with the Clerk there is any reason why something should be done in order to remove the resolution from the order paper, I will see to it that that action is taken; but if, on the other hand, after carefully reading all the arguments that have been put forward and all the authorities that have been cited and after discussing the matter fully with the Clerk and his assistants I have to come to the same conclusion that the matter may still be considered by the house, then it will be on the order paper tomorrow.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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LIB

Louis-René Beaudoin (Speaker of the House of Commons)

Liberal

Mr. Speaker:

I should like to refer the hon. member for Kamloops (Mr. Fulton) to citation 656, which reads:

The opponents of the bill may vote against the question that the bill "be now read a second time": but this course is rarely adopted as it still remains to be decided on what day it shall be read a second time, or whether it shall be read at all; and the bill therefore is still before the house, and may afterwards be proceeded with.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   SIMILARITY OF GOVERNMENT NOTICE OF MOTION IN "VOTES AND PROCEEDINGS" TO RESOLUTION ON ORDER PAPER
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PATENT ACT

AMENDMENTS RESPECTING FOODS AND MEDICINES, ABUSE OF RIGHTS, ETC.

CCF

Hazen Robert Argue

Co-operative Commonwealth Federation (C.C.F.)

Mr. H. R. Argue (Assiniboia) moved

for leave to introduce Bill No. 292, to amend the Patent Act.

Motion agreed to and bill read the first time.

Topic:   PATENT ACT
Subtopic:   AMENDMENTS RESPECTING FOODS AND MEDICINES, ABUSE OF RIGHTS, ETC.
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May 9, 1956