Right after question period on Thursday of this week, the MLA for Abbotsford West (and the former House Leader when the BC Liberals were in Government) rose, pursuant to Standing Order 35, to seek leave from the Speaker to “make a motion for the adjournment of the House … for the purpose of discussing a definite matter of urgent public importance … “.

In his statement, the MLA for Abbotsford West argued that it was urgent to discuss:

“the necessity, advisability, and consequences of referring to the Court of Appeal the question of British Columbia’s ability to regulate or limit the transportation of energy products on federally approved and regulated pipelines and rail lines“.

During the 40^th Parliament (prior to the May 2017 election) I stood three times pursuant to Standing Order 35 seeking to debate a matter of urgent public importance (all of them occurred in 2015).

The first sought a debate on whether or not in light of a preponderance of recent weather extremes, and in the lead up to an upcoming United Framework Convention on Climate Change meeting in Paris,  we, as legislators, were acting with sufficient urgency and demonstrating the appropriate leadership on preparing for and mitigating the escalating impacts of climate change in British Columbia.

The second sought a debate on the recent failure of the contaminated soil site stormwater containment and clarification system at the South Island Aggregates — Cobble Hill Holdings — South Island Resource Management operations near Shawnigan Lake.

The third sought a debate on an economic backup plan for British Columbia given the  collapse of this government’s strategy on LNG and the urgent need to transition to a low-carbon economy.

In all cases the Government House Leader (now the MLA for Abbotsford West) spoke against the need for such debates. As he pointed out,

“It is the urgency of debate, not the urgency of the matter itself”

that is important.

Both the Government House Leader (Mike Farnworth) and I spoke against the need for the present emergency debate. The reason of course is that the issue had been extensively canvassed in Question Period and Budget Estimate debates. Below I reproduce the video and text of my rationale.

Video of my remarks

Text of my remarks

A. Weaver: I rise to speak to the application for Standing Order 35. We were informed of this about a minute ago when this was put on our desk, so we’ve had a quick caucus meeting here.

I will suggest that I do have a lot of sympathy for the arguments brought forward by the Government House Leader.

I will also remind you of precedent. In the previous government, I rose pursuant to Standing Order 35 and I pointed out that it was critical at that juncture for the House here to have a debate on the issue of climate change in the lead-up to the Paris agreement, because government was deliberating on what it was going to do there. And both sides of the House, at that time, suggested that the urgency test had not been met.

I have been talking about the issue of Kinder Morgan for five, six years now. I would argue that the urgency test is not met either, in light of the fact that I listened to estimates, in light of the fact that I’ve been here in this chamber for the last number of weeks and there has been time after time after time where this has been debated. Some of the motions in private members’ time, some of the statements, are on this topic. We’ve had ample opportunity to discuss this.

Again, I come back to the precedent. I come back to the application of Standing Order 35 in the last parliament, when I rose precisely on an issue similar to this and the Speaker at the time ruled that it was not a matter of urgency. I would argue that the parallels are very similar. The argument at the time was that the issue of climate challenge had been debated in question period, it had been debated in estimates, and it had been debated in statements on Monday morning.

The analogy is direct. So our advice, hon. Speaker, as you make your decision, is that we find it difficult to see how this test of urgency is met.