Parliamentary Privilege / Rights of Members

Freedom of speech: rights of members in raising points of order

June 4, 2018

Debates, pp. 20170–1

On May 25, 2018, Daniel Blaikie (Elmwood—Transcona) rose on a question of privilege regarding the rights of members to raise points of order if they believe the rules of the House have been breached.^[1] When Mr. Blaikie rose on a point of order earlier that day regarding the Main Estimates 2018–2019 and Treasury Board Vote 40, the Speaker terminated his arguments, indicating that he had heard enough.^[2] Mr. Blaikie alleged that the Speaker had cast aspersions about his motives for raising the points of order. He stated that the Speaker had not allowed him to continue speaking, which Mr. Blaikie believed to be a violation of members’ parliamentary privilege. The Speaker reminded members that the ability to raise points of order is not unlimited and that he can determine when he has heard enough. Nonetheless, he took the matter under advisement.^[3]

Resolution

On June 4, 2018, the Speaker delivered his ruling. He explained that members are expected to keep their comments brief when they are raising a question of privilege or a point of order. The Speaker explained that the Chair, once satisfied that sufficient information has been given to rule immediately or take the matter under advisement, may so inform the member. He added that members may not rise on a point of order or question of privilege if the Speaker has already ruled on the matter, as this amounts to questioning his authority. He confirmed that Mr. Blaikie’s allegations were challenging that authority. The Speaker found that there was no prima facie case of privilege.

Decision of the Chair

The Speaker: I am now prepared to rule on the question of privilege raised on May 25, by the member for Elmwood—Transcona concerning the rights of members.

In raising his question of privilege, the hon. member for Elmwood—Transcona alleged that in terminating his arguments related to his point of order on the procedural propriety of vote 40 under Treasury Board in the main estimates, the Chair breached his privileges by casting aspersions on his motives for raising the point of order. The member assured the House that in raising the point of order, he was not prompted by any ulterior motive. He asked that the actions taken by the Chair be found to be a prima facie breach of privilege so that the Standing Committee on Procedure and House Affairs might examine the issue.

It is well established that when making a case on either questions of privilege or points of order, members are expected to make brief presentations on the issue being raised. The Chair, once satisfied that sufficient information has been given, may inform the member accordingly. The Chair may then rule immediately or take the matter under advisement.

As I indicated when the point of order was first raised, House of Commons Procedure and Practice, third edition, states at page 638, “Under the Standing Orders, a brief presentation of arguments on the point of order is possible at the Speaker’s discretion.”

Acting Speaker Devolin explained this well on June 13, 2012, at page 9374 of the Debates, when he stated, “… the floor is not the members’ until they choose to stop. The Speaker has a right to terminate that discussion … That is left to the judgment of the Speaker.” This is to say that members do not have unlimited time to speak.

Additionally, once the Speaker has ruled or determined that sufficient information has been presented, it is not in keeping with our practices that members use new points of order, for it can be perceived as undermining and questioning the authority of the Chair.

In the present case, the charge that the member for Elmwood—Transcona brought forward as a question of privilege cannot be seen as anything other than a challenge to this authority. Bosc and Gagnon at page 641 is clear:

A Member may not rise on a point of order to discuss a matter which the Speaker has already ruled was not a question of privilege or to raise a matter as a question of privilege after the Speaker has ruled that it was not a point of order.

To be clear, our procedural practices and traditions prohibit the use of questions of privilege or points of order in this fashion precisely so that the authority of the Chair is not casually or repeatedly challenged.

I also want to take a moment to address the events of May 25 more generally. The proceedings that day were disorderly to a degree rarely seen. As the Speaker, I am called upon to be the guardian of the rights and privileges of all members and of the House; with this comes a responsibility to preserve order and decorum. Standing Order 10 clearly sets this out: “The Speaker shall preserve order and decorum, and shall decide questions of order. In deciding a point of order or practice, the Speaker shall state the Standing Order or other authority applicable to the case. No debate shall be permitted on any such decision, and no such decision shall be subject to an appeal to the House.”

In conjunction with this, it is important to remember, as my predecessor explained, at page 15799 of the Debates, on April 23, 2013, that:

…members elect a Speaker from among the membership to apply rules they themselves have devised and can amend. Thus, it is only with the active participation of the members themselves that the Speaker, who requires the support and goodwill of the House in order to carry out the duties of the office, can apply the rules.

Thus, the Speaker’s authority can be effectively exercised only with the full support of all members of this House. It is in the interest of the House as an institution that members behave in a way that ensures that its deliberations are carried out properly and respectfully. It is incumbent on all of us to protect the reputation of the House of Commons and to conduct ourselves in such a way that we do not diminish it in the eyes of our fellow citizens.

The Standing Committee on Procedure and House Affairs also undertook a study on order and decorum back in 2007. Conclusions stemming from the committee’s 37th report should guide all of us in this place, as it stated:

The Speaker’s authority can only be exercised if he or she has the support and guidance of all parties and each Member of the House. The recognized parties in the House undertake to assist the Speaker in this regard, and not to undermine his decisions. It is incumbent upon all of us, as Members of the House, to support the Speaker in this regard. We strongly believe that it is in the interests of the House as an institution with a long and important history, and as the elected representatives of the people of Canada, that the Speaker and all Members do what is necessary to ensure that the House is viewed as a place worthy of respect and admiration.

As Speaker, I have found that what is necessary to do is not always easy, predictable, or straightforward. In other words, it is not an exact science. In fact, it is an imperfect one. The Chair understands this is equally true of what members must face, given the context in which we work. Decisions and responses of the Chair must be firmly guided by what the House has authorized as its rules and practices and, more important, what it feels is in the House’s best interest in the short and long term. At the same time, these decisions are often borne in response to immediate, new, and evolving situations.

In marrying these two realities, the Chair endeavours at all times to guide the House through its deliberations in a fair manner, one that respects members individually and collectively. While the different roles and different responsibilities of members and the Chair may seem at times hard to balance, I, as Speaker and as an elected representative, firmly believe that together we are still working in pursuit of this shared objective as described in the 2007 report of the procedure and House affairs committee.

As your Speaker, I am your servant, and I preside over the proceedings based upon the rules that you have given me. We are used to robust and heated debate. I have every confidence that while in this case there is no prima facie question of privilege, we have found a productive and respective way to continue our important work.

I thank all honourable members for their attention.