November 8, 1945 (20th Parliament, 1st Session)


John Bracken (Leader of the Official Opposition)

Progressive Conservative

Mr. JOHN BRACKEN (Leader of the Opposition):

Mr. Speaker, before the house
rose at six o'clock you made a decision declaring the amendment moved by the hon. member for Nanaimo (Mr. Pearkes) out of order. I understand that we are precluded from any debate on your ruling. But in view of the fact that in our judgment the standing order you quoted in declaring the amendment out of order was not intended to cover such an amendment, under these circumstances, with all respect to Your Honour, I must appeal from your decision.
Mr. Speaker put the question as follows:
On the resolution moved this afternoon by Mr. Ilsley:
That in the opinion of this house, it is expedient that Canada possess a distinctive national flag and that a joint committee of the Senate and the House of Commons be appointed to consider and report upon a suitable design for such a flag; .
That standing order 65 of the House of Commons be suspended in relation thereto;
That the said committte have power to send for persons, papers and records to aid in the discharge of its functions; and
That a message be sent to the Senate to inform their honours that the House of Commons has appointed this committee and to request their honours to appoint members of the Senate to act thereon with the members of the House of Commons as a joint committee of both houses.
Mr. Pearkes moved as an amendment, seconded by Mr. Merritt:
That all the words after the word "expedient" in the first line be struck out and the following substituted therefor:
"that Canada adopt the present Canadian red ensign as the official national flag."
Before calling six o'clock, I ruled the amendment out of order, taking into consideration
[Mr. Speaker.!
standing order 50, of Standing Orders oi the House of Commons, 1927 edition, which reads as follows: >
A motion to refer a bill, resolution or any question to the committee of the whole, or any standing or special committee shall preclude all amendment of the main question.
The leader of the opposition appeals from that decision. Is it the pleasure of the house that the Speaker's decision be sustained?

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