Selected Decisions of Speaker Lucien Lamoureux 1966 – 1974
Privilege / Reflections on a Member
Reflections on a Member
Journals p. 283
Debates pp. 2576-7
Background
While Members were exchanging charges, comments and questions related to the Munsinger case and to the statements of Mr. Cardin (Minister of Justice) alleging misconduct on the part of several Ministers in the former Diefenbaker Government, Mr. Bell (Carleton) proposed a motion which he had already informally suggested the previous day. His motion sought to have the House resolve itself into Committee of the Whole in order to examine the Minister of Justice and determine what evidence he had to substantiate the charges he had made. After several comments by Members, the Speaker ruled.
Issue
Is a motion acceptable that the House resolve itself into Committee of the Whole to examine a Minister on a matter of privilege?
Decision
No. The motion is not in order.
Reasons given by the Speaker
The usual way to determine if a breach of privilege has in fact occurred is to refer the matter to the Committee on Privileges and Elections; no arguments have been presented to explain why this procedure should not be followed in this case. The ordinary function of the Committee of the Whole is deliberation, not enquiry. Moreover, this motion is substantive in character and requires notice. Finally, because the issue is the alleged impropriety of the Minister of Justice, a specific and detailed charge must be made against him.
Sources cited
Journals, June 19, 1959, pp. 582-6; March 11, 1966, pp. 279-81.
Beauchesne, 4th ed., p. 196, c. 230(1).
References
Debates, March 10, 1966, p. 2520; March 11, 1966, pp. 2574-6.