July 3, 1917 (12th Parliament, 7th Session)


William Pugsley



I will confine my remarks to the point of order, but I thought it would not be out of place to state the reason which induced me to insist upon the point of order being ruled upon by Your Honour. The undoubted result of the House being counted out on Friday is that the second reading of the Bill is a dropped order. I call Your Honour's attention to Bourinot's Parliamentary Procedure, page 323:
A "count out" will always supersede any question that is 'before the House; and if an order of the day for Supply, or for the reading or committal of a Bill, be under consideration at the time, and there is no quorum present, the House must be asked at a subsequent sitting to revive the question that may have lapsed in this way.
There are a number of authorities cited in the notes:
131 English Com. J. 391, 329 ; Forfeiture Relief Bill, ordered to be considered on a future day. 235 English Hansard, (3), 203 ; 131 English Com. J. 282-3, Committee of Supply. 137 Xb. 18, 297, 306, 483.

I would also call Your Honour's attention to May's Parliamentary Practice, page 263. I need not direct Your Honour's attention to the fact that wherever the Canadian rules do not specially provide, the English procedure, prior to Confederation, is made to apply. On page 263, May says:
When an order of the day has been read, the proceedings thereon may be cut short by the adjournment of the House whilst those proceedings are in course of transaction. Ail order of the day, in such a case, or if, when the order is read, no day is appointed for its future consideration, drops off the notice paper, as the House has made no order thereon ; and in committee the same result may be produced, either by a failure of a quorum of the House, or by resolution direct the Chairman to leave the Chair. To replace a dropped order of the day upon the notice paper, a motion is made before the commencement, or -after the close, of public business, to appoint the order for a subsequent day.
It was quite open for a member of tbe Government on Friday evening to place upon the Order Paper a notice of motion fixing to-day for the revival of the discussion of this Bill. In that case, it would have appeared properly upon the Order Paper to-day, and hon. members intending to take part in the debate, seeing the notice on the Order Paper, would naturally be present to discharge their duty. As a matter of fact, I believe the hon. member who was speaking at the time the House was counted out, is not present because it was assumed that the discussion would not be resumed to-day by reason of the Bill having been dropped. May says:
To replace a dropped order of the day upon the notice paper, a motion is made before the commencement, or after the close, of public . business, to appoint the order for a subsequent day; and these motions are made without notice.
A member of the Government might on Friday night have placed upon the Order Paper a motion for consideration to-day. May goes on:
If on such order of the day procedure had been commenced and interrupted, the proceeding thus revived is set down for resumption at the position indicated by the last decision of the House entered upon the Votes and Proceedings. If, however, it is essential that proceedings on an order of the day, cut short by an unexpected adjournment, should be resumed at the next sitting, to obtain that object a notice of motion is placed for that purpose, in the name of a minister of the Crown, upon the notice paper for the next sitting, at the commencement of public business, and the dropped order is placed, printed in italics, at the head of the list of the orders of the day.
Then there is another authority which is referred to in Bourinot as authority for the statement that such a motion may be made

without notice, but a reference to the authority will show that it is simply a confirmation of the practice as laid down in May's Parliamentary Practice. The authority referred to is Blackmore's Speakers' Decisions, page 69:
"Count out. Effect of." If the House is counted out in any stage of a Bill the Bill becomes a dropped order. Blind and Deaf-Mute Children (Education) Bill. Observations. Vol. 249, pages 987-8. August 14, 1879.
Then further under the heading of "dropped order, revival of consideration," Blackmore says:
In the event of a Bill becoming a dropped order it is competent on a subsequent day, without notice, to move to fix a day for its being again considered.
So that my right hon. friend would be quite in order in moving to-day without notice to fix a subsequent day, sucii as tomorrow or the day after, as he might desire, for the Bill being again considered. Under these authorities, I believe, this motion cannot pass except by unanimous consent of the House; and I deem it my duty to raise the objection I do.

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