House of Commons Procedure and Practice
Edited by Robert Marleau and Camille Montpetit
2000 EditionMore information …

25. Appendices

Prima Facie Cases of Privilege Since 1958

Modern practice in matters of privilege first took root following the publication of the fourth edition of Arthur Beauchesne’s Parliamentary Rules and Forms of the House of Commons of Canada in 1958. Beauchesne included a new section, taken from Erskine May’s 14th edition published in 1946, on the manner of raising questions of privilege. This description of the British procedure soon became a handy reference seized upon by successive Speakers, beginning with Speaker Michener, as a way to curtail spurious interventions by Members on non-privilege matters.  It introduced two guiding conditions: whether on the first impression (prima facie) the matter raised appeared to be a matter of privilege, and whether the matter was raised as soon as it could have been.  Both were to be determined by the Speaker before a debate could proceed. The motions were debatable and amendable and were sometimes negatived. On occasion, the House adopted motions on matters of privilege without a ruling of the Speaker.  While not all questions of privilege were referred to a committee, on those occasions when they were, the committee generally reported back that they had studied the matter and that no further action was necessary.  In rare circumstances, the House concurred in the Committee report.

The following chart includes all cases of privilege since 1958 that were ruled prima facie by the Speaker.

Date of Speaker’s Ruling Subject Matter
(including Member raising issue)
References Disposition of Motion Committee Reference Report from Committee
February 16, 1960 Alleged improper reproduction of Hansard by Sperry and Hutchinson Co. (Murdo Martin (Timmins)) Debates, February 16, 1960, pp. 1100-4;
Journals, February 16, 1960, pp. 156-8
Agreed to Yes [1] Journals, March 16, 1960, p. 280
November 1, 1962 Le Devoir article reporting Bernard Dumont’s (Bellechasse) remarks on the attitude of Speaker Lambert concerning questions in the House on bilingualism (Lionel Chevrier (Laurier)) Debates, November 1, 1962, pp. 1167-8;
Journals, November 1, 1962, pp. 201-2
Agreed to [2] Yes Committee did not report
November 29, 1962 La Presse articles regarding Members’ participation in international conferences (Raymond Langlois (Megantic)) Debates, November 28, 1962, pp. 2105-6; November 29, 1962, pp. 2132-2;
Journals, November 29, 1962, p. 334
Agreed to Yes Committee did not report
June 18, 1964 Ottawa Citizen editorial reflecting on conduct of a Member (Terence Nugent (Edmonton-Strathcona)) Debates, June 18, 1964, pp. 4431-5;
Journals, June 18, 1964, p. 443-5
Negatived on recorded division N/A N/A
February 16, 1965 Arrest of Gilles Grégoire (Lapointe) within parliamentary precincts (George McIlraith (Ottawa West)) Debates, February 16, 1965, pp. 11356-62;
Journals, February 16, 1965, pp. 1035-6
Agreed to on division Yes Journals, March 19, 1965, pp. 1141-2
March 23, 1965 Request that any Member called upon to give evidence before the Dorion Commission be authorized to do so by the House (Erik Nielsen (Yukon)) Debates, March 19, 1965, pp. 12555-9; March 22, 1965, pp. 12614-7; March 23, 1965, pp. 12675-7;
Journals, March 23, 1965, pp. 1159-60
Agreed to No N/A
March 23, 1965 Unauthorized reproduction of the cover page of the Hansard Index by the Political Action Committee of the Steelworkers Hamilton Council (John Munro (Hamilton East)) Debates, March 23, 1965, pp. 12677-9;
Journals, March 23, 1965, p. 1160
Agreed to Yes Journals, April 1, 1965, p. 1204
March 10, 1966 Charges made by Pierre  Cardin (Minister of Justice) regarding the involvement of certain Members with a spy (Douglas Harkness (Calgary North)) Debates, March 10, 1966, pp. 2483-96;
Journals, March 10, 1966, pp. 268-9
No motion was moved [3] N/A N/A
October 24, 1966 Allegations in Le Droit that the Member was being directed by someone in the public galleries (Terence Nugent (Edmonton-Strathcona)) Debates, October 20, 1966, pp. 8889-91;
Journals, October 24, 1966, pp. 911-6
Negatived on recorded division N/A N/A
March 27, 1969 Refusal of the government to pay the Member the terminal  gratuity following his departure from the Public Service (John Roberts (York-Simcoe)) Debates, March 27, 1969, pp. 7181-2;
Journals, March 27, 1969, p. 853
Agreed to Yes Journals, April 24, 1969, p. 937
September 4, 1973 Interrogation of the Member and her staff in her parliamentary office by police forces (Flora MacDonald (Kingston and the Islands)) Debates, September 4, 1973, pp. 6179-80, 6181;
Journals, September 4, 1973, p. 532
Agreed to Yes Journals, September 21, 1973,  p. 567
October 17, 1973 Electronic surveillance of NDP caucus meeting by a journalist (David Lewis (York South)) Debates, October 17, 1973, pp. 6942-4;
Journals, October 17, 1973, p. 577
Agreed to [4] No N/A
December 19, 1974 Remarks by Réal Caouette (Témiscamingue) that Members of Parliament bribed reporters from the Press Gallery (Roch La Salle (Joliette)) Debates, December 17, 1974, pp. 2317-21; December 19, 1974, pp. 2383-4;
Journals, December 19, 1974, p. 228
Agreed to on recorded division Yes Journals, March 6, 1975, p. 349
July 25, 1975 Montreal Gazette article alleging that the Member had advance knowledge of a budget and had conveyed the information to businessmen (John Reid (Kenora–Rainy River)) Debates, July 24, 1975, pp. 7886-9;
Journals, July 25, 1975 pp. 742-3
Agreed to, as amended Yes Journals, October 17, 1975, pp. 781-2
May 7, 1976 Allegations by a former Member that a number of Members of Parliament had been in receipt of bribes (Walter Baker (Grenville–Carleton)) Debates, May 7, 1976, pp. 13269-71, 13280-1;
Journals, May 7, 1976, p. 1275
Agreed to Yes Journals, May 21, 1976, p. 1305-7
March 21, 1978 Alleged electronic surveillance by the RCMP (John Rodriguez (Nickel Belt)) Debates, March 8, 1978, pp. 3571-6; March 16, pp. 3831-2; March 21, 1978 , pp. 3975-6, 3988;
Journals, March 21, 1978, pp. 520-2, 525
Negatived on recorded division N/A N/A
December 6, 1978 Allegation that a letter from the Solicitor General was misleading and obstructed the Member in his duties (Allan Lawrence (Northumberland–Durham)) Debates, November 3, 1978, pp. 777-80; November 9, 1978, pp. 964-7; December 6, 1978, pp. 1856-77; December 7, 1978, pp. 1892-925;
Journals, November 9, 1978, pp. 125-9;  December 6, 1978, pp. 221-4; December 7, 1978, p. 228
Negatived on recorded division N/A N/A
March 22, 1983 Montreal Gazette article alleging that the Member was a paid lobbyist (Bryce Mackasey (Lincoln)) Debates, March 16, 1983, pp. 23834-5; March 22, 1983, pp. 24027-30;
Journals, March 22, 1983, p. 5376
Agreed to Yes Journals, November 23, 1983, p. 6588
February 20, 1984 Alleged intimidation of a Member by a Canada Post official (Albert Cooper (Peace River)) Debates, February 6, 1984, pp. 1101-6; February 9, 1984, pp. 1234-5; February 14, 1984, pp. 1382-4; February 20, 1984, pp. 1559-61;
Journals, February 20, 1984, pp. 188-9
Negatived on recorded division N/A N/A
May 6, 1985 Newspaper advertisement by former Member claiming to be the present Member (Andrew Witer (Parkdale-High Park)) Debates, April 25, 1985, pp. 4111-3; May 6, 1985, pp. 4439;
Journals, May 6, 1985, p. 570
Agreed to Yes Journals, May 30, 1985, pp. 676-7
May 14, 1987 Unauthorized disclosure by John Parry (Kenora– Rainy River) of results of a vote held in an in camera sitting of a standing committee [5] (Felix Holtmann (Selkirk–Interlake)) Debates, April 28, 1987, pp. 5299,5329-30, May 5, 1987, pp. 5737-42; May 14, 1987, pp. 6108-11;
Journals, May 14, 1987, p. 917
Agreed to Yes Journals, December 18, 1997, pp. 2014-6
October 30, 1989 Access to Parliament Hill blocked by taxis (Herb Gray (Windsor West)) Debates, October 30, 1989, pp. 5298-302;
Journals, October 30, 1989, p. 773
Agreed to [6] Yes Committee did not report
November 6, 1990 Disturbance in the gallery.  Member claimed involvement of Howard McCurdy (Windsor–St. Clair) in disturbance [7] (Albert Cooper (Peace River)) Debates, October 18, 1990, pp. 14359-68; November 6, 1990, pp. 15177-81;
Journals, November 6, 1990, p. 2228
Agreed to Yes Journals, March 6, 1991, p. 2666
October 31, 1991 Conduct of Ian Waddell (Port Moody – Coquitlam) in grabbing the Mace (Jesse Flis (Parkdale–High Park)) Debates, October 31, 1991, pp. 4271-8; 4279-80; 4309-10;
Journals, October 31, 1991, p. 574
Agreed to [8] No N/A
December 4, 1992 Alleged intimidation of a committee witness by a CBC employee (Don Boudria (Glengarry–Prescott–Russell)) Debates, December 4, 1992, pp. 14629-31;
Journals, December 4, 1992, p. 2284
Agreed to Yes [9] Journals, February 18, 1993, p. 2528 [10]
March 23, 1993 Alleged comments by Benoît Tremblay (Rosemont) about Acting Speaker (Charles DeBlois) casting doubt on the integrity and impartiality of the Speakership (Gilles Bernier (Beauce)) Debates, March 16, 1993, p. 17027; March 23, 1993, pp. 17403-5;
Journals, March 23, 1993, p. 2688
Agreed to [11] Yes Committee did not report
April 19, 1993 Failure of the Minister of Finance (Don Mazankowski) to table Order pursuant to Customs Tariff Act [12] (Derek Lee (Scarborough–Rouge River)) Debates, February 24, 1993, pp. 16393-4; April 19, 1993, pp. 18104-6;
Journals, April 19, 1993, pp. 2796-7
Agreed to Yes Journals, September 8, 1993, p. 3338
April 19, 1993 Failure of government to provide response to committee report (Lloyd Axworthy (Winnipeg South Centre)) Debates, March 29, 1993, p. 17722; April 19, 1993, pp. 18104-6 Agreed to [13] Yes Journals, September 8, 1993, p. 3338
March 12, 1996 Communiqué of Jean-Marc Jacob (Charlesbourg) addressed to members of the Canadian Armed Forces in Quebec  inviting all francophone members of the Forces to join the Quebec military in the event of a yes vote supporting separation from Canada (Jim Hart (Okanagan–Similkameen–Merritt)) Debates, March 12, 1996, pp. 557-67; March 13, 1996, pp. 648-74; March 13, 1996, pp. 680-703, 716-47; March 18, 1996, pp. 854-8;
Journals, March 18, 1996, pp. 107-110
Agreed to, as amended [14] Yes [15] Journals, June 18, 1996, pp. 565-6
March 9, 1998 Members’ statements in Ottawa Sun bringing into question the integrity of the House and the Speaker (Peter MacKay (Pictou–Antigonish–Guysborough)) Debates, March 9, 1998, pp. 4560-75; March 10, 1998, pp. 4592-8;
Journals, March 10, 1998, pp. 550-2
Agreed to, as amended Yes Journals, April 27, 1998 , p. 706 [16]
February 17, 1999 Molestation of a Member by PSAC picketers [17] (Jim Pankiw (Saskatoon–Humboldt)) Debates, February 17, 1999, pp. 12009-12;
Journals, February 17, 1999, p. 1517
Agreed to Yes Journals, April 14, 1999, p. 1714
February 18, 1999 Member was impeded from entering his office by PSAC picketers (John Reynolds (West Vancouver–Sunshine Coast)) Debates, February 17, 1999, pp. 12009-12; February 18, 1999, p. 12134;
Journals, February 18, 1999, p. 1525
Agreed to Yes Journals, April 14, 1999, p. 1714
March 28, 2000 Premature disclosure of a draft report from the Sub-committee on Citizenship and Immigration (Joe Fontana (London North Centre)) Debates, March 17, 2000, pp. 4805-6; March 21, 2000, pp. 4914, 4959-62; March 28, 2000, pp. 5368-9; March 29, 2000, pp. 5434-35;
Journals, March 28, 2000, p. 1497; March 29, 2000, pp. 1503-4
Negatived on recorded division N/A N/A
March 19, 2001 Department of Justice briefing the media on a bill before Members of Parliament and their staff (Vic Toews (Provencher)) Debates, March 14, 2001, pp. 1646-52; March 19, 2001, pp. 1839-45;
Journals, March 19, 2001, p. 187
Agreed to Yes Journals, May 9, 2001, pp. 385-6
October 15, 2001 Justice Department briefing media on contents a bill prior to legislation being tabled in House (John Reynolds (West Vancouver--Sunshine Coast)) Debates, October 15, 2001, pp. 6082-5;
Journals, October 15, 2001, p. 707
Agreed to Yes Journals, November 29, 2001, p. 883
February 1, 2002 Allegation that the Minister of National Defence made misleading statements in the House (Brian Pallister (Portage–Lisgar)) Debates, January 31, 2002, pp. 8517-20; February 1, 2002, pp. 8581-2;
Journals, February 1, 2002, p. 991
Agreed to Yes Journals, March 22, 2002, p. 1250
April 22, 2002 Attempt by a Member to remove the mace from the Table (Ralph Goodale (Wascana)) Debates, April 17, 2002, pp. 10526-7; April 22, 2002, p. 10654; April 24, 2002, p. 10770;
Journals, April 22, 2002, p. 1323; April 23, 2002, pp. 1337-8; April 24, p. 1341
Agreed to No [18] N/A
May 26, 2003 Exemption of Members from appearing as a witness before a court during a session (Hon. Don Boudria (Glengarry–Prescott–Russell)) Debates, May 12, 2003, pp. 6089-93; May 16, 2003, p. 6377; May 26, 2003, pp. 6411-3; February 6, 2004, pp. 243-4;
Journals, May 26, 2003, p. 797; February 6, 2004, p. 25
Agreed to Yes Journals, March 8, 2004, p. 146 [19]
November 6, 2003 Charge of contempt of Parliament against the former Privacy Commissioner for allegedly deliberately misleading the Government Operations and Estimates Standing Committee (Derek Lee (Scarborough–Rouge River)) Debates, November 4, 2003, pp. 9150-1; November 5, 2003, pp. 9192-3; November 6, 2003, p. 9229;
Journals, November 6, 2003, p. 1245
No motion was moved [20] No N/A
March 25, 2004 Leak of meeting transcripts of the Liberal Party Ontario regional caucus (John O'Reilly (Haliburton–Victoria–Brock)) Debates, March 11, 2004, pp. 1408-10; March 25, 2004, p. 1712;
Journals, March 25, 2004, p. 216
Agreed to Yes Journals, April 26, 2004, p. 311
November 23, 2004 Usurpation of the title of a Member of Parliament by a former Member (Michel Guimond (Montmorency–Charlevoix–Haute-Côte-Nord)) Debates, November 22, 2004, pp. 1657-8; November 23, 2004, pp. 1733-4;
Journals, November 23, 2004, pp. 245-6
Agreed to Yes Journals, February 23, 2005, p. 471
December 1, 2004 Access to Parliament Hill blocked by RCMP and other security forces during visit of United States President George W. Bush (Michel Guimond (Montmorency–Charlevoix–Haute-Côte-Nord)) Debates, December 1, 2004, pp. 2132-5;
Journals, December 1, 2004, p. 279
Agreed to Yes Journals, January 31, 2005, p. 366
April 18, 2005 Misleading information printed in householder (Brian Masse (Windsor West)) Debates, March 22, 2005, pp. 4377-8; April 18, 2005, p. 5215;
Journals, April 18, 2005, pp. 642, 648
Agreed to Yes Journals, May 11, 2005, p. 738
May 3, 2005 Abuse of franking privileges (Mark Holland (Ajax–Pickering)) Debates, May 3, 2005, pp. 5548-9; May 4, 2005, p. 5674;
Journals, May 3, 2005, p. 685; May 4, 2005, p. 701
Agreed to on division Yes Journals, June 22, 2005, p. 958
May 3, 2005 Abuse of franking privileges (John Reynolds (West Vancouver–Sunshine Coast–Sea to Sky Country)) Debates, May 3, 2005, pp. 5584-5;
Journals, May 3, 2005, p. 688
Agreed to on division Yes Journals, June 22, 2005, p. 958
May 10, 2005 Abuse of franking privileges (Michael Chong (Wellington–Halton Hills)) Debates, May 10, 2005, pp. 5885-9;
Journals, May 10, 2005, p. 728
Agreed to on division Yes Journals, June 22, 2005, p. 958 [21]
October 6, 2005 Disclosure in a newspaper article by the Ethics Commissioner of an investigation of a Member (Deepak Obhrai (Calgary East)) Debates, September 26, 2005, pp. 8025-7; October 6, 2005, pp. 8473-4;
Journals, October 6, 2005, p. 1119
Agreed to on division Yes Journals, November 18, 2005, p. 1289
November 3, 2005 Allegations against Liberal MPs printed in a householder (Hon. Denis Coderre (Bourassa)) Debates, October 27, 2005, pp. 9190-93; November 3, 2005, pp. 9489-9509; November 4, 2005, pp. 9513-9520, 9537-53; November 14, 2005, pp. 9555-9577, 9595; November 15, 2005, pp. 9682-3;
Journals, November 3, 2005, pp. 1250-1; November 15, 2005, pp. 1273-4
Negatived on a recorded division N/A N/A
[1]
Until 1992, questions of privilege were referred to the Standing Committee on Privileges and Elections, which for a short period of time was also known as the Standing Committee on Elections, Privileges, Procedure and Private Members’ Business.
[2]
The motion was moved by Leon Balcer and not by Mr. Chevrier who originally raised the issue.
[3]
The Speaker found a prima facie case but ruled that the proposed motion was too general and therefore was not in order. Other Members attempted to move similar or identical motions but the Speaker ruled them out of order.
[4]
The motion was not to have the matter referred to a committee but rather to have the tapes in question surrendered to either Mr. Lewis or the Speaker.
[5]
On April 28, 1987, the Standing Committee on Aboriginal Affairs and Northern Development tabled their Third Report concerning the disclosure of the results of a vote held during an in camera meeting by Mr. Parry.
[6]
The matter was referred to the Standing Committee on Elections, Privileges, Procedure and Private Members Business.  On February 16, 1990, the name of this Committee reverted to the Standing Committee on Privileges and Elections.
[7]
The reference to Mr. McCurdy was removed from the proposed motion and the matter of the disturbance in the galleries was referred to the Committee.
[8]
There was no reference to a committee.  Mr. Waddell was called to the Bar of the House and admonished by the Speaker.
[9]
At this point, questions of privilege were referred to the Standing Committee on House Management.
[10]
The Committee report was concurred in on February 25, 1993  (Journals, p. 2568).
[11]
Mr. Tremblay withdrew the offending remarks on March 25, 1993 (Debates, p. 17537).
[12]
The document was tabled on February 25, 1993.  The Speaker ruled prima facie on this question of privilege as well as that of Mr. Axworthy concerning the delay of the government in responding to a committee report.  The motion dealt with the “non-observance of the tabling requirement for Order in Council…and other documents in the House of Commons…”
[13]
The Speaker ruled on this question of privilege at the same time he ruled on the question of privilege raised by Derek Lee concerning the late tabling of a Customs Tariff Order.  Motion dealt with the “non-observance of the tabling requirement for Order in Council…and other documents in the House of Commons…”
[14]
There were three days of debate before the motion was adopted.  Closure was invoked on March 14, 1996 and the motion to refer the matter to the Committee was amended and adopted on March 18, 1996.The amendment removed from the motion the references that the activity was “seditious and offensive”.
[15]
The matter was referred to the Standing Committee on Procedure and House Affairs which had replaced the Standing Committee on House Management.
[16]
The Committee report was concurred in on May 5, 1998 (Journals, pp. 744-5).
[17]
The question of privilege was originally raised by Mr. Reynolds (West Vancouver–Sunshine Coast), following which other Members raised related concerns.
[18]
The House voted to suspend Mr. Martin (Esquimalt-Juan de Fuca) from the service of the House until he appeared at the Bar of the House to apologize for his actions.
[19]
The 2nd session of the 37th Parliament was prorogued before theStanding Committee on Procedure and House Affairs could complete its report to the House. In the 3rd session of the 37th Parliament, Mr. Garry Breitkreuz (Yorkton–Melville) moved that the matter be referred again to committee.
[20]
Following the Speaker’s ruling, Mr. Alcock (Winnipeg South), Chair of the Standing Committee on Government Operations and Estimates received consent to table a letter of apology he had received from Mr. Radwanski. In light of the tabling, Mr. Lee (Scarborough–Rouge River) chose not to move the appropriate motion. The House subsequently adopted the following motion by unanimous consent: “That this House find George Radwanski to have been in contempt of this House and acknowledges receipt of his letter of apology, tabled in and read to the House earlier today.”
[21]
Both of the May 3, 2005, and the May 10, 2005 prima facie cases of privilege were addressed in the same report presented by the Standing Committee on Procedure and House Affairs on June 22, 2005.

Please note —

As the rules and practices of the House of Commons are subject to change, users should remember that this edition of Procedure and Practice was published in January 2000. Standing Order changes adopted since then, as well as other changes in practice, are not reflected in the text. The Appendices to the book, however, have been updated and now include information up to the end of the 38th Parliament in November 2005.

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