Parliamentary Privilege / Rights of the House

Contempt of the House: disclosure of information regarding a bill prior to its introduction in the House

June 8, 2017

Debates, p. 12320

On May 17, 2017, Kelly Block (Carlton Trail—Eagle Creek) rose on a question of privilege regarding the alleged premature disclosure of the contents of Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts, which she argued happened when the government provided certain media outlets with specific details contained in the bill before it was introduced in the House. After hearing from other members, the Speaker took the matter under advisement.^[1] On May 31, 2017, Kevin Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons) contended that the government had simply conducted extensive consultations on the review of the Transportation Act prior to unveiling the legislation in the House. The Speaker again took the question under advisement.^[2]

Resolution

On June 8, 2017, the Speaker delivered his ruling. He explained that, while the right of the House to first access to legislation is a deep-rooted convention, it must, nevertheless, coexist with the need of governments to consult widely on legislation. Noting the long-established practice to take members at their word, he accepted the government’s assurance that it had not shared any specifics of the bill before it was introduced in the House. Given that there was no evidence that members had been prevented from conducting their parliamentary functions, the Speaker concluded that he could not find a prima facie question of privilege.

Decision of the Chair

The Speaker: I am now prepared to rule on the question of privilege raised on May 17, by the hon. member for Carlton Trail—Eagle Creek concerning the alleged premature disclosure of the contents of Bill C-49, an act to amend the Canada Transportation Act and other acts respecting transportation and to make related and consequential amendments to other acts.

I would like to thank the hon. member for Carlton Trail—Eagle Creek for having raised this matter, as well as the Parliamentary Secretary to the Leader of the Government in the House of Commons and the hon. member for Elmwood—Transcona for their submissions.

In raising this question of privilege, the member for Carlton Trail—Eagle Creek explained that the media had made public specific details contained in Bill C-49 before it was introduced in the House. By drawing comparisons between what was revealed in several news reports from Monday, May 15 and the contents of the bill which was introduced in the House on Tuesday, May 16, she alleged that the required confidentiality before the unveiling of the legislation in the House was simply not respected and members’ privileges were breached as a result.

The member stated her belief that this was not due to a simple accidental leak but, rather, was the result of a systemic advance briefing of the media.

For his part, the Parliamentary Secretary to the Government House Leader contended that at no time had the government prematurely divulged any details of Bill C-49; rather, it had simply held extensive consultations on the review of the Canada Transportation Act, as is the government’s prerogative. He added that the minister and his staff were clearly aware of the need for confidentiality, declining to comment on any specifics of the bill when asked by the media.

The right of the House to first access to legislation is one of our oldest conventions. It does and must, however, coexist with the need of governments to consult widely, with the public and stakeholders alike, on issues and policies in the preparation of legislation. Speaker Parent explained on February 21, 2000, at page 3767 of Debates:

Although the members of the House should always be the first ones to examine legislation after it has been introduced and read the first time, this rule must be balanced against the need for the government to consult both experts and the public when developing its legislative proposals.

When ruling on a similar matter on November 1, 2006, Speaker Milliken concluded that the government had not divulged confidential information on the bill, nor the bill itself, but rather had engaged in consultations prior to finalizing the legislation in question. At the same time, he explained at page 4540 of the House of Commons Debates:

The key procedural point … is that once a bill has been placed on notice, it must remain confidential until introduced in the House.

In acknowledging this important nuance, he made room for both consultation and confidentiality, but also saw the distinction between the two.

In the case before us, the Chair is asked to determine if the level of detail reported upon by various media outlets in advance of the tabling in the House of Bill C-49 constitutes sufficient proof of a leak of the contents of this bill, and thus constitutes a prima facie breach of the member’s privileges. In examining the bill, and noting the obvious similarities to the information cited in the media, the Chair can appreciate the seriousness of the matter raised.

When ruling on a similar question of privilege on April 19, 2016, I found a prima facie case of privilege in relation to the premature disclosure of Bill C-14, an act to amend the Criminal Code and to make related amendments to other acts (medical assistance in dying). In that particular case, the government had acknowledged the premature disclosure of the bill while assuring the House that this had not been authorized and would not happen again. In other words, the facts were undisputed.

That is not the case with the situation before us. The parliamentary secretary has assured the House that the government did not share the bill before it was introduced in the House but conceded that extensive consultations were conducted. Nor is the Chair confronted with a situation where a formal briefing session was provided to the media but not to members.

Finally, it is a long established practice to take members at their word, and the Chair, in view of this particular set of circumstances, is prepared to accept the explanation of the Parliamentary Secretary to the Leader of the Government in the House of Commons.

In the absence of evidence that members have been prevented from conducting their parliamentary functions due to the premature release of the bill itself, I cannot find that a prima facie case of privilege exists in this case.