Privilege / Impeding the House

Tabling of documents pursuant to an Address to His Excellency; alleged refusal by a Minister to comply

Debates pp, 20702-3

Background

On October 28, Mr. Friesen (Surrey—White Rock—North Delta) rose on a question of privilege alleging that the failure of Mr. Pinard (President of the Privy Council) to table, pursuant to an Address presented to His Excellency, all documents pertaining to the Emergency Planning Order is a breach of Members' privileges. Mr. Friesen said that he hoped that the question would be referred to the Standing Committee on Privileges and Elections. After hearing Members' comments, the Speaker took the matter under consideration and ruled a few weeks later.

Issue

Does a Minister's failure to table certain documents following an order of the House requesting that an address to His Excellency be presented constitute a case for a question of privilege?

Decision

No. There is no prima facie case of privilege.

Reasons given by the Speaker

In this particular case, a direct order by the House is not involved, but rather a resolution requesting that an Address be presented to His Excellency praying that the document in question be produced. Moreover, as the order was adopted on April 1, 1982, this date may be reasonably considered as the cut-off date. The Chair cannot decide whether the documents subsequent to that date come under the House order or not; it is up to the Government to decide such matters.

Sources cited

Debates, July 16, 1955, p. 6245; March 20, 1962, p. 1967; February 21, 1979, p. 3460.

Beauchesne, 5th ed., pp. 136-7, c. 382-3; pp. 138-9, c. 390.

References

Debates, October 28, 1982, pp. 20114-9; October 29, 1982, pp. 20198-9.