House of Commons Procedure and Practice
Edited by Robert Marleau and Camille Montpetit

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4. The House of Commons and Its Members

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[351]: Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 26(1).
[352]: Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 26(2). See, for example, Debates, October 1, 1986, p. 15; Journals, p. 25.
[353]: Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 27(1).
[354]: Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 27(2).
[355]: Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 28(1), 32(1). See, for example, Debates, October 1, 1986, p. 15 (appointment to the office of Lieutenant Governor of Newfoundland); June 1, 1988, p. 16010 (acceptance of public office); November 23, 1994, p. 8165 (appointment to the Senate). In 1984, Speaker Sauvé resigned her seat upon her appointment as Governor General. She addressed her resignation letter to the Clerk of the House (Journals, January 16, 1984, p. 72). Following the election of Lloyd Francis as Speaker, the vacancy in the representation was announced to the House (Journals, January 16, 1984, p. 74).
[356]: Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 33(2).
[357]: Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 23(1). See, for example, Debates, February 1, 1993, p. 15167.
[358]: Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 29. See, for example, Journals, October 9, 1979, pp. 17-8.
[359]: Dominion Controverted Elections Act, R.S.C. 1985, c. C-39,ss. 70-1. See, for example, Debates, June 7, 1990, p. 12459.
[360]: See Maingot, 2^nd ed., pp. 22-3.
[361]: Maingot, 2^nd ed., pp. 188, 247. See also Speaker Lamoureux’s ruling, Debates, March 1, 1966, pp. 1939-40.
[362]: Maingot, 2^nd ed., p. 188. See also Criminal Code, R.S.C. 1985, c. 46, s. 750 as amended by S.C. 1995, c. 22, s. 6.
[363]: See, for example, Journals, April 16, 1874, p. 71; February 24, 1875, pp. 124-5; September 29, 1891, p. 561; January 30, 1947, p. 8.
[364]: Maingot, 2^nd ed., p. 247.
[365]: See Maingot, 2^nd ed., pp. 188-9, 212. See, for example, Journals, February 22, 1875, p. 111; January 30, 1947, pp. 4-8. In 1874, only an indictment for Riel’s arrest was tabled (Journals, March 31, 1874, pp. 11-2).
[366]: Standing Order 20.
[367]: For additional information, see Chapter 3, “Privileges and Immunities”. The last time a Member was expelled from a Canadian legislature was in 1986 in Nova Scotia by reason of the Member’s conviction on four counts of using forged documents in respect of money received by him in his capacity as a Member. In that case, the Court held that the Legislature had the power to expel a Member by resolution and that this was not normally reviewable by the Courts. It was also held that the establishment and enforcement of proper standards for Members of the House was not a breach of section 3 of the Charter of Rights and Freedoms (MacLean v. A.G. Nova Scotia (1987) 35 D.L.R. (4^th ) 306 (N.S.S.C.)).
[368]: In April 1874, the House ordered that Louis Riel, “having been charged with murder, and a Bill of Indictment for said offence having been found against him, and warrants issued for his apprehension, and the said Louis Riel having fled from justice, and having failed to obey an Order of this House that he should attend in his place on Thursday, the 9^th day of April, 1874, be expelled [from] this House”. A second motion was subsequently adopted ordering the Speaker to issue a warrant for an election to fill the vacancy. See Journals, April 15, 1874, pp. 64-5; April 16, 1874, pp. 67-71. See also Journals, March 31, 1874, pp. 10-3; April 1, 1874, pp. 17-8; April 8, 1874, pp. 25-6; April 9, 1874, pp. 32-9.
[369]: In the by-election held to fill the vacancy resulting from the expulsion of Louis Riel, he was once again elected. On February 22, 1875, the Prime Minister tabled a court ruling finding Mr. Riel guilty of murder (Journals, p. 111). Two days later, motions were adopted to effect the expulsion of Mr. Riel. First, the Prime Minister moved that the court ruling tabled two days earlier be read. After the motion was adopted, the Clerk read the judgement into the record (Journals, February 24, 1875, pp. 118-22). The Prime Minister then moved that “it appears from the said Record that Louis Riel, a Member of this House has been adjudged an outlaw for felony”. The House adopted the motion. This motion was followed by another motion ordering the Speaker to issue a warrant for a new writ of election (Journals, February 24, 1875, pp. 122-5).
[370]: On January 30, 1947, the Speaker tabled court judgements, including copies of court of appeal judgements, in connection with the imprisonment of Fred Rose (Cartier). The Prime Minister then moved that the Member had become incapable of fulfilling his parliamentary duties and that the Speaker be ordered to issue a warrant to the Chief Electoral Officer to make out a writ of election to fill the vacancy. The motion was adopted. See Journals, January 30, 1947, pp. 4-8.
[371]: In this instance, there was no conviction before a criminal court. In 1891, a private Member moved a motion to establish a select committee to enquire into allegations of corruption against the Member for Quebec West, Thomas McGreevy (Journals, May 11, 1891, pp. 55-60). The Member refused to answer questions in the committee and the committee subsequently found the Member guilty of the charges made against him (Journals, September 16, 1891, p. 512). After adopting the committee’s report (Journals, September 21, 1891, pp. 522-3; September 22, 1891, p. 523; September 24, 1891, pp. 527-31), the House resolved, on September 29, 1891, that Thomas McGreevy be expelled from the House. This resolution was followed by the adoption of a motion ordering the Speaker to issue a new writ of election (Journals, September 29, 1891, p. 561).
[372]: Any disqualification imposed by the Criminal Code ceases when the sentence has been served or a pardon has been granted. See Maingot, 2^nd ed., p. 212.
[373]: Unlike Louis Riel, Thomas McGreevy did not suffer a further expulsion, but was defeated in the general election of 1896.