Privilege / Impeding the House

Order for the production of papers; refusal by a Minister to comply

Debates p. 10738

Background

On June 16, Mr. McKinnon (Victoria) rose on a question of privilege to allege that the failure of Mr. Kaplan (Solicitor General) to table all the documents concerning the move of RCMP Headquarters "E" Division from Victoria to Vancouver violates an order given by the House. Mr. McKinnon said that he was prepared to move a motion referring the matter to the Standing Committee on Privileges and Elections. After listening to Mr. Collenette (Parliamentary Secretary to President of the Privy Council), the Speaker took the matter under consideration and ruled two days later.

Issue

Following an order for the production of papers, can the refusal to table certain documents deemed confidential by the Government constitute a case for a question of privilege?

Decision

No. Therefore, there is no prima facie case of privilege.

Reasons given by the Speaker

On the one hand, according to a well-recognized practice of the House, a Minister, following an order for the production of papers, may rise and declare that he opposes such production because he deems the said documents confidential, and that to divulge them could be prejudicial to the public interest. Such a reservation has been made in this case by the Parliamentary Secretary and the House has accepted it in the usual way. On the other hand, it is up to the Government to decide whether such papers, letters and studies are of a confidential nature.

Sources cited

Journals, February 27, 1961, pp. 295-7.

Beauchesne, 5th ed., pp. 138-40, c. 390.

Redlich, The Procedure of the House of Commons, (London, 1908), Vol. II, p. 5.

References

Debates, June 16, 1981, pp. 10644-6.