The Daily Program / Oral Questions

Right of a Minister not to answer a question

September 26, 1988

Debates, p. 19623

On September 26, 1988, during Oral Question Period, Mr. Don Boudria (Glengarry—Prescott—Russell) attempted to question the Hon. Stewart McInnes (Minister of Public Works) about a matter under investigation by the Royal Canadian Mounted Police.^[1] The Minister had previously indicated he preferred to wait until the investigation was completed before answering any questions. The Speaker interrupted Mr. Boudria to remind him that a Minister always has the right not to answer a question. His remarks are reproduced in full below.

Decision of the Chair

The Speaker: I know the honourable Member would want the Chair to make the rulings on procedure. It may well be that the question is out of order once a criminal prosecution has begun. The honourable Member quotes Beauchesne. It is, nonetheless, always within the prerogative of a Minister not to answer a question. If the Minister responds and says that in the opinion of the Crown, the Minister, or the Government, because of an investigation it would be inappropriate to answer, one can argue as to whether the Minister is right or wrong, but that is the position that the Minister has taken, and I cannot force the Minister to answer that question no matter what citations may exist in Beauchesne.

I only say this because, in view of the subject matter and the vigorous questioning, all honourable Members, and the public who are watching, should understand the procedural laws, of which I have to remind Members from time to time.

F0310-e

33-2

1988-09-26