Amendments to the Content of Bills / Report Stage

Relevance; beyond scope of bill

Journals p. 907

Debates pp. 7604-5

Background

During report stage consideration of Bill C-150, an Act to amend the Criminal Code, the Parole Act ..., consideration was given to a motion in amendment, standing in the name of Mr. Gilbert (Broadview), to prohibit and make indictable acts of buggery or bestiality and any acts of gross indecency. The Speaker indicated that the amendment appeared to go beyond the provisions of the bill. Members were given an opportunity to comment on the matter before the Speaker made his ruling.

Issue

Does the motion in amendment introduce a matter of substance not covered in the present bill?

Decision

Yes. The motion is therefore irrelevant to the clause it seeks to amend and is beyond the scope of the bill.

Reasons given by the Speaker

The purpose of the clause which this motion seeks to amend is to provide certain exceptions to the law as stated in the Criminal Code. "The purport of the amendment is to delete the exceptions provided for in [the] clause ...  and to rewrite substantially sections 147, 148 and 149 of the Criminal Code itself." In other words, the amendment is a new legislative proposal, introducing matters of substance that are not covered in the bill now before the House.

Sources cited

Beauchesne, 4th ed., p. 171, c. 203(1); p. 284, c. 402; p. 285, cc. 406,408.

References

Debates, April 16, 1969, pp. 7602-4.