Parliamentary Privilege / Rights of the House

October 31, 1991

Debates, pp. 4309-10

On October 30, 1991, following the daily adjournment of the House at approximately 8:10 p.m., Mr. Ian Waddell (Port Moody—Coquitlam) ran down the centre aisle of the Chamber and touched the Mace which was being borne on the shoulder of the Sergeant-at-Arms who was preparing to lead the procession out of the House. The incident delayed the progress of the procession momentarily.

Upon the opening of the next day’s sitting, on October 31, 1991, MR. Jesse Flis (Parkdale—High Park) rose on a question of privilege regarding the actions of Mr. Waddell. He argued that, through his actions, Mr. Waddell had debased the decorum of the House, contravened the Standing Orders and challenged and shown contempt for the authority of the Chair by abusing the Mace which is the symbol of the House’s authority. Mr. Flis concluded his remarks by presenting the following motion:

Whereas the honourable Member for Port Moody—Coquitlam by his actions on October 30, 1991, at approximately 8:10 p.m. did show contempt to the authority of the Canadian Parliament, and

Whereas there appears to be a prima facie case that a breach of privilege has been committed, and

Whereas this matter is being raised at the earliest opportunity, I move that the Member for Port Moody—Coquitlam appear at the Bar of the House.

Other Members intervened to support Mr. Flis’ submission.

Mr. Waddell then rose to give an explanation of the previous night’s events and apologized for his actions admitting they had been inexcusable. However, he indicated that he had not intended to show disrespect of, or contempt for, the Chair or the House. The Member contended that he was simply upset because he had been unable to vote on a Private Members’ motion and felt he had been cut off by the Acting Speaker (Mr. Charles DeBlois) in explaining his case before the House.

Mr. Nelson Riis (Kamloops) then intervened to apologize on behalf of the New Democratic Party caucus and to suggest, as an alternative form of action, that the Speaker name the Member.

The Speaker stated that while there was clearly a prima facie case of privilege, he would need time to review and clarify exactly what the practice had been regarding a motion to bring a Member to the Bar of the House.

It was agreed that the House would proceed with Routine Proceedings and then suspend the sitting until the Chair was prepared to rule on the matter.^[1]

When the proceedings of the House resumed, the Speaker stated that, in consultation with Mr. Flis, the motion had been changed. Mr. Flis presented the modified motion which read:

That the honourable Member for Port Moody—Coquitlam be called to the Bar of the House and be admonished by the Speaker.

The Speaker then reiterated that there was no doubt in his mind this event constituted a prima facie case of contempt. The motion was put to the House for debate. A number of Members participated in the debate. Following debate, the motion was agreed to and Mr. Waddell was ordered to appear at the Bar of the House at 3:00 p.m. that afternoon.^[2]

Following Question Period that day, at 3:00 p.m., the Speaker directed the member for Port Moody—Coquitlam to proceed to the Bar of the House. As directed by the House, the Speaker then delivered the reprimand which is reproduced in extenso below.

STATEMENT OF THE CHAIR

The Speaker: Mr. Waddell, you stand at the Bar of the House because your peers have decided that the conduct you displayed in the House on Wednesday, October 30, 1991 offended the privileges of the House of Commons of Canada.

Just before adjournment and shortly after eight o’clock p.m. you were given the floor on a point of order. After your intervention the Deputy Speaker made a ruling on your point of order and proceeded to adjourn the House in conformity with the Standing Orders whereupon you left your seat in breach of our conventions, interfered with the Sergeant-at-Arms, an officer of the House, and you physically attempted to prevent the Mace from leaving the Chamber.

The Sergeant-at-Arms is a servant of this House and acts under the authority of the Speaker. The Mace is the symbol which embodies not only the authority of the House but its privileges as well.

The special privileges that Members of the House of Commons enjoy are part of the constitutional law of Canada. Freedom of speech is one of the most revered of these privileges. However, with that privilege comes the responsibility to use it wisely and for the good of Canada.

It is not a licence to say whatever one wishes under all circumstances, or permission to disregard the rules of the House or the common practices of civility.

There is little doubt that the incident of last evening is one which all Members regret. In your statement to the House earlier you expressed your personal regret and apologized to the House.

Nevertheless because of the seriousness of your action the House has chosen to agree to the motion directing me to reprimand you. You have been duly elected a Member of this House. It is incumbent upon you to represent your constituents and to fulfil your duties and obligations as a Member. In honouring those onerous obligations, it is essential that you always respect this institution and its rules and practices.

The House of Commons can only function when its dignity is upheld by all Members and its rules followed. That you disregarded the rules and practices of this place and the authority of the Speaker is a matter of grave concern to this House and to all who cherish and respect this institution.

As Speaker of the House, and upon its instructions, I therefore reprimand you as guilty of a breach of privilege and of a gross contempt of the House.

The honourable Member may retake his seat.

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1991-10-31