House of Commons Procedure and Practice

Second Edition, 2009

House of Commons Procedure and Practice - Prima Facie Cases of Privilege Since 1958 - Appendix 15. Prima Facie Cases of Privilege Since 1958

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Appendix 15

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 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.

 

Date of Speaker’s Ruling

Subject matter
(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 15, 1960, p. 1055;
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. 2132-3;
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, pp. 443-5

Negatived on recorded division

N/A

N/A

February 16, 1965

Arrest of Gilles Grégoire (Lapointe) within parliamentary precincts (George McIIraith (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 22, 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

May 14, 1970

Right of Members to lease or buy Crown lands (Erik Nielsen (Yukon))

Debates,
May 14, 1970, pp. 6949-51;
Journals,
May 14, 1970, p. 803

Agreed to

Yes

Journals,
June 3, 1970, pp. 917‑8

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, pp. 1305‑7

March 21, 1978

Alleged electronic surveillance by the RCMP (John Rodriguez (Nickel Belt))

Debates,
March 1, 1978, pp. 3348-9;
March 8, 1978, pp. 3571-6;
March 16, 1978, 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, p. 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 8, 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, pp. 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 the Customs Tariff[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
Journals,
April 19, 1993, pp. 2796-7

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 14, 1996, pp. 680-703, 716‑47;
March 18, 1996, pp. 854-8;
Journals,
March 18, 1996, pp. 107-10

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 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 Subcommittee 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. 5368-87;
March 29, 2000, pp. 5434-5;
Journals,
March 28, 2000, p. 1497;
March 28, 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. 1840-5;
Journals,
March 19, 2001, p. 187

Agreed to

Yes

Journals,
May 9, 2001, pp. 385‑6;
June 8, 2001, p. 517

October 15, 2001

Justice Department briefing media on contents of 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. 8581-8, 8601‑19;
February 4, 2002, pp. 8621-8;
February 7, 2002, pp. 8792, 8831-2;
Journals,
February 1, 2002, pp. 991, 994;
February 4, 2002, pp. 997-8;
February 7, 2002, pp. 1018-20

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 18, 2002, p. 10537;
April 22,2002, pp. 10654-70;
April 23, 2002, pp. 10747-8;
April 24, 2002, p. 10770;
Journals,
April 2, 2002, pp. 1323-4;
April 23, 2002, pp. 1337-8;
April 24, 2002, 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 (Don Boudria (Glengarry–Prescott–Russell); Gary Breitkreuz (Yorkton–Melville))

Debates,
May 12, 2003, pp. 6089-93;
May 16, 2003, p. 6377;
May 26, 2003, pp. 6411-4;
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 Standing Committee on Government Operations and Estimates (Derek Lee (Scarborough–Rouge River))

Debates,
November 4, 2003, pp. 9150-1;
November 5, 2003, pp. 9192-3;
November 6, 2003, pp. 9229-31, 9237;
Journals,
November 6, 2003, pp. 1245, 1249

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, pp. 1711-2;
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, p. 240;
November 23, 2004, pp. 245-6

Agreed to

Yes

Journals,
February 23, 2005, pp. 471-2

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;
May 17, 2005, pp. 764‑5

April 18, 2005

Misleading information printed in householder (Brian Masse (Windsor West))

Debates,
March 21, 2005, pp. 4377-8;
April 18, 2005, pp. 5215-6, 5220;
Journals,
April 18, 2005, pp. 642, 645

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

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

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

Yes

Journals,
November 18, 2005, pp. 1289-90

November 3, 2005

Allegations against Liberal Members printed in a householder (Denis Coderre (Bourassa))

Debates,
October 27, 2005, pp. 9190-3;
November 3, 2005, pp. 9489-509;
November 4, 2005, pp. 9513-20, 9537-52;
November 14, 2005, pp. 9555-77, 9595;
November 15, 2005, pp. 9682-3;
Journals,
November 3, 2005, pp. 1250-1;
November 4, 2005, pp. 1253, 1256;
November 14, 2005, pp. 1259, 1266‑7;
November 15, 2005, pp. 1273-4

Negatived on a recorded division

N/A

N/A

April 10, 2008

Allegation that RCMP Deputy Commissioner Barbara George provided false and misleading testimony to the Standing Committee on Public Accounts on February 21, 2007 (Shawn Murphy (Charlottetown))

Debates,
April 10, 2008, p. 4721;
Journals,
April 10, 2008, p. 685

Agreed to

No[22]

N/A

June 17, 2008

Ruling of the Ethics Commissioner on May 7, 2008 that requires that the Member from West Nova not participate in debate or vote on any motion respecting the Mulroney Airbus settlement (Derek Lee (Scarborough–Rouge River))

Debates,
May 26, 2008, pp. 6006-10;
June 17, 2008, pp. 7072-88, 7090‑2;
Journals,
June 17, 2008, pp. 1003, 1006

Agreed to on division

Yes

Committee did not report[23]

 



[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 Lionel 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 David Lewis or the Speaker.

[5] On April 28, 1987, the Standing Committee on Aboriginal Affairs and Northern Development presented its Third Report concerning the disclosure by John Parry of the results of a vote held during an in camera meeting.

[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 Howard 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. Ian 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] Benoît Tremblay withdrew the offending remarks on March 25, 1993 (Debates, p. 17537).

[12] The document was tabled on February 25, 1993. The Speaker ruled this question of privilege prima facie as well as that of Lloyd 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 as he ruled on the question of privilege raised by Derek Lee concerning the late tabling of a Customs Tariff Order. The 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 John Reynolds (West Vancouver–Sunshine Coast), following which other Members raised related concerns.

[18] The House voted to suspend Keith 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 Second Session of the Thirty-Seventh Parliament was prorogued before the Standing Committee on Procedure and House Affairs could complete its report to the House. In the Third Session of the Thirty-Seventh Parliament, Garry Breitkreuz moved that the matter be referred again to committee.

[20] Following the Speaker’s ruling, Reg 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 George Radwanski. In light of the tabling, Derek Lee 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] The May 3, 2005, and the May 10, 2005 prima facie cases of privilege were both addressed in the same report presented by the Standing Committee on Procedure and House Affairs on June 22, 2005.

[22] On February 12, 2008, the Standing Committee on Public Accounts presented a report to the House in which it recommended that the House find the Deputy Commissioner in contempt of Parliament but that no further action be taken (Journals, February 12, 2008, p. 423, Debates, p. 2921).

[23] The Thirty-Ninth Parliament was dissolved before the Standing Committee on Procedure and House Affairs could report to the House.

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