The Daily Program / Prayers

Prayers and the Canadian Charter of Rights and Freedoms

June 19, 1990

Debates, pp. 12928-9

On June 19, 1990, Mr. Howard Crosby (Halifax West) rose on a point of order with respect to the daily prayers preceding the business of the House. He referred to a Supreme Court of Canada ruling which, in his opinion, held that the reading of prayers in schools constituted a violation of the Canadian Charter of Rights and Freedoms. Keeping in mind this judgment, Mr. Crosby asked the Speaker to rule on whether the reading of prayers in the House of Commons violated the provisions of the Charter and, if so, to dispense with this practice. Other Members also intervened on the matter.^[1] The Speaker made an immediate ruling which is reproduced in its entirety below.

Decision of the Chair

The Speaker: The honourable Member has raised a matter which relates to Standing Order 30(1) which reads:

The Speaker shall read prayers every day at the meeting of the House before any business is entered upon.

That is a rule which, of course, binds me as your Speaker. It also happens to be a rule that has been in place, not just for a few years but for generations. The honourable Member urges me to make a decision that it is somehow inconsistent or contradictory to the Canadian Charter of Rights [and Freedoms].

First, it is not the role of the Speaker to make that kind of a declaration because my jurisdiction does not enable me and does not ask me to make decisions concerning the law of the land. My jurisdiction is to make decisions concerning the procedural rules which this place has put in place and which govern us.

I have to say to the honourable Member that whatever his concerns may be, and they may be the concerns of other people, I cannot comment upon the rule that instructs us to say prayers daily on the basis of whether it does or does not infringe the Charter of Rights.

What my personal opinions might be matters very little at the moment because I am asked by all of you to interpret the rules of this place, not to give you my personal opinions about the appropriateness of prayers or the inappropriateness of prayers. Whatever temptation I may have to make some comments thereon, I, of course, have to restrain myself from saying anything.

However, if honourable Members wish either to change the form of the prayer or, for that matter, make a decision that prayers will not be said, it is not for me to do. That is up to Members. I am sure that if that matter comes under discussion the sensibilities and the sentiments of the vast majority of Canadians would be taken into account.

I think that is probably where we ought to leave the matter, except I think I can say the following to honourable Members, many of whom have been able to be with me at official and less than official occasions in this House when we have dined together. Honourable Members will remember that I always ask members to join with me in the blessing. Honourable members will also note that, while I am Christian, I was raised to have great respect for other people’s views and the blessing always commences the same way, in such a way that the vast majority of us can join in it with respect and gratitude. I always say: “Lord, whose children we all are…” That seems to gain some considerable acceptance. I mention it for your consideration.

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1990-06-19