April 20, 1971   

Journals pp. 491-2

Debates pp. 5071-2

On April 19, during Oral Questions, following an exchange between Mr. Goyer (Solicitor General) and several other Members on the possible existence of RCMP dossiers on Members of Parliament, Mr. Baldwin (Peace River) rose on a question of privilege. He claimed that the "inadequate" replies of the Solicitor General concerning the complete immunity of Members raised the issue of the possible infringement of Members' privileges. Since he had sought to have "the whole question . . . referred to a parliamentary committee", the Speaker proposed that Mr. Baldwin's motion be considered as an indirect indication to the Chair and to the House "that he will in due course seek to have the matter referred to a committee by way of a question of privilege". The next day, Mr. Baldwin presented his arguments, in which he charged that "dossiers are being kept in respect of some Members of Parliament as legislative representatives and that this constitutes an infraction of the privileges and immunities of this House". The Speaker presented his ruling immediately after Mr. Baldwin had concluded his case.

Issue

Does the possible existence of RCMP dossiers on Members of Parliament constitute a breach of privilege?

Decision

In the present circumstances, there is no prima facie case of privilege.

Reasons given by the Speaker

"... it would be imprudent of the Chair to project the question of police files beyond the circumstances or conditions raised by the... Member and beyond the particular circumstances alluded to by the Minister in his reply." The matter is very serious and if any special circumstances were brought to the attention of this House and the Chair to the effect that Members were in some way intimidated in their work, or prevented from discharging their duties freely and without hindrance, there would be no hesitation in recognizing the matter as a breach of privilege.

Sources cited

Standing Order 17(2).

Debates, July 5, 1946, p. 3201; January 29, 1958, p. 3948; June 25, 1959, pp. 5161-6; October 29, 1962, p. 1011; November 4, 1963, p. 4341; November 28, 1963, p. 5210; May 3, 1966, p. 4632.

May, 17th ed., p. 42.

References

Debates, April 19, 1971, pp. 5032-4; April 20, 1971, pp. 5069-71.