RON MACLEAN
Welcome to House of Commons Night in Canada. I'm Ron Maclean here with Don Cherry. Grapes, we've neglected the House of Commons what with the shortened season and frantic hockey schedule...
DON CHERRY
Tell me about it. I was worried I might have a wardrobe malfunction.
RON MACLEAN
We've seen your wardrobe when it's 100% - a malfunction is unimaginable.
DON CHERRY
You're a little short of imagination. Just think of a sealskin suit dyed the wrong colour.
RON MACLEAN
I can't...
DON CHERRY
Like I said...
RON MACLEAN
So let's turn to the House of Commons that we've neglected this season...
DON CHERRY
I know. I feel bad but hey...we can't be everywhere.
RON MACLEAN
But now an interesting development has come up in the House of Commons where a Conservative backbencher has appealed to the Speaker to have his Private Member's Motion heard despite opposition from the House Leader...
DON CHERRY
You're talking about Mark Warawa and Motion 408 regarding sex selection in termination of pregnancy...
RON MACLEAN
Yes, of course. What's your take?
DON CHERRY
I don't want to get into the whole abortion thing...
RON MACLEAN
I'm relieved to hear it..
DON CHERRY
...but the question has been asked, is a Parliamentary party playing a team sport...
RON MACLEAN
And your answer?
DON CHERRY
No.
RON MACLEAN
So maybe we should back up and give our viewers a little of the history.
DON CHERRY
OK, so Warawa has proposed a motion under Standing Order 31...
RON MACLEAN
What's a Standing Order?
DON CHERRY
It's like the Official Rules. Private Members have the right to propose motions that are not necessarily government business. That is their right. So Warawa proposed a motion that was then referred to the Procedure and House Affairs Committee...
RON MACLEAN
...again, short form is PROC...
DON CHERRY
...to determine whether or not the motion is "voteable". The motion has to be cleared by this committee.
RON MACLEAN
And how does it decide?
DON CHERRY
OK there are tests, and the Committee is advised by an independent authority from the Library of Canada, whether or not the motion passes those tests...
RON MACLEAN
Which are?
DON CHERRY
There are three...
RON MACLEAN
"Fear, Surprise, and Ruthless Efficiency"?
DON CHERRY
What are you talking about?
RON MACLEAN
I have no idea. Please continue.
DON CHERRY
Yeah well according to Brent Rathgeber, the committee's independent advisor said:
“it is within federal jurisdiction. It does not offend the Constitution and there’s no similar motion currently on the Order Paper.” In other words, the motion is in the view of the non-partisan analyst entirely voteable.
RON MACLEAN
Which means the motion is "voteable"?
DON CHERRY
Exactly.
RON MACLEAN
So what happened?
DON CHERRY
The Committee decided the motion wasn't voteable.
RON MACLEAN
How did they do that?
DON CHERRY
You'll have to ask them but Rathgeber for one isn't impressed.
RON MACLEAN
Where does the "sports team" come into it?
DON CHERRY
Yeah, so Warawa asked how it was that his motion got trashed, and Gordon O'Connor...remember Gordon?
RON MACLEAN
The guy who claimed the Red Cross was very happy with the way Canada was treating its prisoners in Afghanistan when it wasn't?
DON CHERRY
Yeah, him. Anyway, he got up on his hind feet in the House and said the government is like a sports team.
RON MACLEAN
What do you think of that?
DON CHERRY
Well, I'd have to agree that the coach decides how much ice time a player gets, but that's about it. When the game is on, you can't tell the players what to do. The fact is, Members of Parliament are not chosen by Management, they're elected by their constituents. I'm not saying party politics doesn't come into it. I'm just saying party politics is not a feature of British parliamentary democracy, except as it evolved. As it stands, citizens elect their Member of Parliament, and the members have privileges and duties to represent those citizens, whatever their party might think of it.
RON MACLEAN
And you think that's what Warawa is doing?
DON CHERRY
Absolutely. I happen to have the Standing Orders with me....
RON MACLEAN
Amazing....
DON CHERRY
And here it is. Kids, when you play the game of Parliamentary Democracy, you've gotta follow the rules.
RON MACLEAN
But there are the unwritten rules....
DON CHERRY
Yeah, The Code. But that's also true of Parliamentary Democracy. Anyway here it is, Rule 31:
A Member may be recognized, under the provisions of Standing Order 30(5), to make a statement for not more than one minute. The Speaker may order a Member to resume his or her seat if, in the opinion of the Speaker, improper use is made of this Standing Order.RON MACLEAN
But it says a Member may be recognized.
DON CHERRY
Hang on, hang on....I'm not done. Here's the "Commentary."
RON MACLEAN
What's a Commentary?
DON CHERRY
Just like it says. There is a commentary about this rule, just like you and me are sitting here commenting about the game.
RON MACLEAN
Are we in the Standing Orders?
DON CHERRY
You're making this more complicated than it has to be. Stifle yourself for a minute and I'll read it to you:
There is nothing in there, nothing [*thumps desk*] that says the Speaker has to do what a political party, or House Leader of any party, tells him or her to do. It says the Speaker retains discretion. So the Speaker is considering Warawa's appeal, much like Brendan Shanahan.Commentary — Standing Order 31
Standing Order 31 allows Members who are not Cabinet Ministers, when recognized by the Speaker, to address the House for up to one minute on virtually any matter of national, provincial or local concern during the 15-minute period that precedes Question Period. [1] The Speaker nevertheless retains discretion over the acceptability of each statement, [2] and has the authority to order a Member to resume his or her seat if improper use is made of the Standing Order. Personal attacks, criticisms of courts, judges or decisions rendered under law, reflections on the Senate and Senators, solicitation of funds or advertisement of causes, defamatory comments about non-Members, quoting verbatim remarks of a private citizen, or clearly frivolous statements have been ruled out of order. The time limit has been strictly enforced, on occasion leaving Members in mid-sentence. [3]Points of order arising from “Statements by Members” are normally dealt with after Question Period, pursuant to Standing Order 47, although in some cases unparliamentary language is dealt with immediately. [4]
RON MACLEAN
You're saying Shanahan is the NHL's Speaker...
DON CHERRY
Yeah sorta, except he's only got a few decades of history behind him. British parliamentary democracy has about 800 years.
RON MACLEAN
Well, we'll look forward to future developments in a very crowded season..
DON CHERRY
Did I show you my moose hide boxer shorts?
RON MACLEAN
Please....
