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Results: 271 - 285 of 150000
View Pat Kelly Profile
CPC (AB)
Despite the backpedal that we saw yesterday, I would suggest there are still questions that remain and still an intention by this government to not implement the bill as passed by Parliament. What further steps do you think the government needs to take to assure Canadians that it will actually follow through and implement this bill and respect the will of Parliament as expressed through its democratically elected members and senators?
Philippe Dufresne
View Philippe Dufresne Profile
Philippe Dufresne
2021-07-20 10:16
The government issued a statement yesterday. The committee, as I understand, will be hearing from further witnesses and can determine if it's satisfied with the clarification it has received. The government has issued a statement indicating that it recognizes that the bill is in force and that it proposes to introduce amendments down the road.
View Wayne Easter Profile
Lib. (PE)
Thank you, both.
We'll have Mr. Fragiskatos for six minutes, followed by Mr. Ste-Marie.
View Peter Fragiskatos Profile
Lib. (ON)
Thank you, Chair.
It's good to be here in Ottawa after a lot of time. It's nice to see colleagues in person once again, and I hope everybody has kept healthy and safe and that everyone's loved ones are okay too.
Many thanks to you, Chair, along the way. I know this is the final set of meetings the finance committee will have with you at the helm, and it's been absolutely great and a wonderful experience working with you, as I've told you over the years.
To the staff behind the scenes, too, here at Parliament, and our own staff, thank you very much. This committee has been very active over the past year and a half, without any stops, and that continues.
Mr. Dufresne, you've answered this, I think, but I want to be crystal clear here. Is the press release that we saw yesterday consistent with the view that Parliament is indeed supreme and that Bill C-208 is in force? The press release recognizes that, I think, but could you elaborate?
Philippe Dufresne
View Philippe Dufresne Profile
Philippe Dufresne
2021-07-20 10:18
The July 19 press release does clarify the government's view, certainly, as consistent with the fact that the bill is in force. We see this recognition: The bill is in force as of royal assent in this case. There was nothing unusual with there not being a specified coming-into-force date in the bill. That's now been clarified—that the law applies—and the government is indicating its intention to introduce future legislation to address certain matters. That is something we've see before in past practices, namely, the announcement of future measures and confirmation that they're conditional on parliamentary approval.
View Peter Fragiskatos Profile
Lib. (ON)
Thank you very much.
My friend and colleague Mr. Kelly did not expand on it—I do not think he had time—but put a forward a claim that yesterday's press release, in his view, indicates that the government is not looking at or serious about moving forward with C-208.
I'm not sure where that observation comes from. I looked at the press release closely, and it says—and you put this is your testimony, sir—that unintended consequences that could come about with C-208 will be addressed. That is not inconsistent with the recognition that this is law and that Parliament is supreme. Would you say that's accurate?
Philippe Dufresne
View Philippe Dufresne Profile
Philippe Dufresne
2021-07-20 10:20
That's the government expressing its concerns. I was paraphrasing the government's concerns with the bill as it stands in law, and its intention to introduce future amendments on that point. That is consistent with the practice we have seen. It clarifies perhaps the ambiguity in the June 30 statement, which mentioned the lack of a coming-into-force date and indicated that amendments would deal with a coming-into-force date. That's now been clarified and replaced with the statement from yesterday.
View Peter Fragiskatos Profile
Lib. (ON)
I hear you. In other words, the government's saying that it will move forward to ensure that possible unintended consequences of the bill will be addressed does not circumvent the will of Parliament and does not ignore the will of Parliament on the matter. Governments can do that and still be in line with Parliament's view.
Philippe Dufresne
View Philippe Dufresne Profile
Philippe Dufresne
2021-07-20 10:21
Governments can express their intention to introduce subsequent legislation, and that is subject to parliamentary approval.
View Peter Fragiskatos Profile
Lib. (ON)
Okay. I have only about a minute and a half left. I wonder if you could just one more time go through the difference between...or not “difference”, per se. You pointed to a distinction between royal assent and the coming into force of a particular bill and what the Interpretation Act says. Please elaborate, but based on the testimony you gave, it sounds like the date of royal assent is usually the default position. Is that an accurate understanding?
Philippe Dufresne
View Philippe Dufresne Profile
Philippe Dufresne
2021-07-20 10:21
That is accurate. The provision reads, “If no date of commencement is provided for in an Act, the date of commencement of that Act is the date of assent to the Act.” That is the default provision in the sense that if there's no other specified coming into force, then it comes into force on the date of royal assent. There is the possibility to provide a specific date in the act itself, which wasn't done here. There's also the possibility to give the government the ability to set the date by order in council, usually in a situation where the government needs to be satisfied that it has put in place necessary mechanisms to do so.
View Peter Fragiskatos Profile
Lib. (ON)
As a final point, Mr. Chair, I voted for Bill C-208. I think it's a necessary measure. A number of Liberals voted for Bill C-208 as well.
Mr. Dufresne, you are Parliament's lawyer, if I can put it that way. Once again, are you satisfied that yesterday's press release makes it clear that Bill C-208 is recognized by the government as a bill that will be put in place?
Philippe Dufresne
View Philippe Dufresne Profile
Philippe Dufresne
2021-07-20 10:23
I'm satisfied that in the release yesterday, the government has recognized that Bill C-208 is in force and has expressed its intention to introduce future amendments.
View Peter Fragiskatos Profile
Lib. (ON)
Thank you very much.
View Wayne Easter Profile
Lib. (PE)
Thank you, Mr. Fragiskatos.
Next up is Mr. Ste-Marie, followed by Ms. Mathyssen.
Gabriel, I pretty near need binoculars to see you down there, but I see you. Go ahead. The floor is yours.
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