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Pardon Me-Our Parliament is a Court?
Pardon Me-Our Parliament is a Court?
Episode 8 Canada, A user's guide and owner's manual Livestream-Monday December 9th 8pm EST
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Pardon Me-Our Parliament is a Court?
The greatest and highest court in Canada is the one least known to most people. While people understand that we have criminal, civil, family and many other courts that adjudicate disputes and pronounce verdicts or punishments on people; there is another court that is poorly understood.
Few Canadians realize that our Parliaments and Legislatures are not just theatrical debating clubs but are actual courts, and like all other courts can summon people, compel testimony under oath, and levy penalties, including incarceration. These Legislative courts may also override the ordinary courts in some cases and grant pardons on those found guilty by the courts. In the extraordinary case of Hunter Biden, he has also been pardoned of all crimes he may have committed but for which he’s not yet charged.
Unlike our ordinary courts which resolve disputes between individuals or those accused of a crime, our parliamentary and legislative courts are designed to resolve disputes within society. Like other courts which have opposing counsel and a judge to oversee the proceedings; our parliamentary courts have opposing sides (political parties) and the Speaker oversees the proceedings rather than a judge. Even many of the proceedings use the same language, motions, points of order, contempt etc.
While the testimony and arguments are offered up during debates, cross examinations take place during question period and committee hearings. After the debates and process is completed, all elected members are then expected to vote and determine if the proposal is rejected or accepted as a new law and policy.
However, the voters replace the jury in our parliamentary courts and have the final say once every 4 years, empowered to pass a verdict on the laws and policies adopted by parliament.
Lauren Southern and Laura Chen are recent illustrations of the additional court powers of Parliament as they were summoned to appear before a parliamentary committee and testify in their roles as ‘Russian agents”.
While both appeared, Ms. Chen refused to answer any questions posed to her by the committee and a ‘motion of contempt’ will be debated in the House to determine if her refusal justifies further punishment. In all likelihood, Ms. Chen will be summoned to the ‘Bar” of Parliament and sanctioned for her refusal to testify. Parliament has the authority to take further action against her including incarceration.
The term “contempt” in the parliamentary system is also similar to the term “impeachment” used in the American Congress, and is used in a similar fashion for all elected members of people summoned to testify.
Stay tuned for this week’s Episode #8 of- Canada, A User’s Guide and Owner’s Manual: Pardon Me! Parliament is a Court?
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