February 13, 1925 (14th Parliament, 4th Session)

LIB

Jean-Joseph Denis

Liberal

Mr. J. J. DENIS (Joliette):

Mr. Speaker,
before we proceed any further on this subject I rise to a point of order. Rule 19 states:
No member may reflect upon any vote of the House, except for the purpose of moving that such vote be rescinded.
It must be quite obvious to anyone that nothing can be done except by way of motion. This was fully understood by the leader of the opposition (Mr. Meighen) when he mentioned a minute ago that he expected the Prime Minister to make a motion. I submit, on my point of order, that even the Prime Minister cannot make a motion at the present time to rescind the vote that was taken yesterday. All that could be done by any member of this House including the Prime Minister would be to give a notice of motion with two days' notice according to rule No. 40. Under rule No. 40 notice of motion can be given to the effect that after two days the House will consider the question of rescinding this vote. The vote cannot be altered; it cannot be qualified; it has to remain just as it is now or it can be rescinded.
Rule 19 states quite plainly:
No member may reflect upon any vote of the House, except for the purpose of moving that such vote be rescinded.
Therefore, there can be no comment on a vote. There can be no explanation given on the motion, but the vote can only be rescinded purely and simply. Should the vote be rescinded purely and simply after due notice has been given, what would be the consequence? As I see it, the consequence would be that the motion of the hon. member for Rimouski (Sir Eugene Fiset) would be defeated. The Votes and Proceedings read as follows:
And the question being put on the said motion, it
was agreed to.
If you rescind this, in my opinion it will mean that the question being put to the said motion, it was disagreed to. Can this be done? Can this motion be entertained? That would be a matter for your consideration, Mr. Speaker, but at the present time my point of order is that no motion can be entertained unless due notice has been given and then, after due notice has been given, these different points which I have just mentioned can be raised at the proper moment.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   PROCEEDINGS TAKEN BY INADVERTENCE
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