Privilege / Impeding a Member

Use of public funds to set up Ministerial offices

Debates pp. 9156-7

Background

On March 26, Mr. Nielsen (Yukon) rose on a question of privilege to assert that his ability to carry out his duties and responsibilities as a Member had been impaired by the establishment of a political office by Mr. Munro (Minister of Indian Affairs and Northern Development) in his Yukon constituency. Mr. Nielsen further argued that the Minister was abusing public funds, and concluded that the matter should be referred to the Standing Committee on Privileges and Elections. The Speaker heard Members' comments and reserved her decision until the Minister could be heard.

Issue

Is the establishment of a Ministerial office in the constituency of another Member a breach of the Member's privileges?

Decision

No. There is no prima facie question of privilege.

Reasons given by the Speaker

"It has been ruled consistently that the Chair does not decide questions of law." Equally, the Chair is not responsible for deciding whether or not a departmental guideline has been breached, nor, within the context of a question of privilege, for deciding whether or not illegal use is being made of public funds. Furthermore, "every Member, though chosen by one particular district, when elected and returned serves for the whole realm." Therefore, since the Member elected by a constituency is not the only person who can be said to represent the constituents in that constituency, and since there is no suggestion that physical molestation has obstructed any Member, no Minister has in any way infringed the rights of any Member by opening an office in his or her region.

Sources cited

Beauchesne, 4th ed., p. 14, c. 17.

References

Debates, March 26, 1981, pp. 8637-44.