Privilege / Reflections on a Member

Reflections on a Member

Journals pp. 281-2

Debates pp. 2543-4

Background

Shortly after the Speaker ruled out of order three motions related to questions of privilege objecting to the statements made by Mr. Cardin (Minister of Justice) on the alleged misconduct of Ministers in the former Diefenbaker Government [Munsinger case], Mr. Starr (Ontario) sought to move a motion on the same subject. His motion proposed to ask the Minister of Justice to substantiate the charges and allegations he had made. The Speaker ruled on the acceptability of the motion immediately   and, at the request of Mr. Churchill (Winnipeg South Centre), reiterated the reasons of the recently rendered decision which also applied to this case.

Issue

Is a motion of this type in order?

Decision

No. The motion is out of order.

Reasons given by the Speaker

The proposed motion is invalid because there appears to be a presumption of guilt while at the same time no specific charge of an offense has been made.

Sources cited

Journals, June 19, 1959, pp. 582-6; March 11, 1966, pp. 279-81.

Debates, March 11, 1966, pp. 2541-2.