Parliamentary Privilege / Rights of Members

Freedom from obstruction, interference and intimidation: alleged use of physical force against a member; prima facie

Debates, p. 3547

Context

On May 18, 2016, upon the expiry of the bells for a vote on a time allocation motion for Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), Peter Julian (New Westminster — Burnaby) rose on a point of order regarding the use of physical force in the House. Mr. Julian explained that he had witnessed Justin Trudeau (Prime Minister) manhandle Gordon Brown (Chief Opposition Whip) and, at the same time, elbow Ruth-Ellen Brosseau (Berthier–Maskinongé). The Prime Minister then rose to explain that he was trying to expedite the vote as he believed that Mr. Brown had been deliberately impeded in doing so. He also apologized for his actions. The Speaker explained that it was not appropriate to manhandle another member and ruled that the apology of the Prime Minister concluded the matter.[1]

Following the vote, Peter Van Loan (York—Simcoe) rose on a question of privilege alleging that such physical intimidation was a breach of the privileges of the House and that Ms. Brosseau’s privileges, in particular, had been interfered with as the incident caused her to leave the House and to miss a vote. The Prime Minister rose again to apologize. [2]

Resolution

The Speaker delivered his ruling immediately. Although he acknowledged the Prime Minister’s apology, he ruled the matter to be a prima facie case of privilege and invited Mr. Van Loan to move the appropriate motion.

Decision of the Chair

The Speaker: I appreciate the comments of all the members who have spoken, and I appreciate the Prime Minister’s apology.

Having said that, I cannot help but find a prima facie case of question of privilege and I call upon the hon. member for York—Simcoe to move the appropriate motion.

Postscript

Mr. Van Loan moved that the matter be referred to the Standing Committee on Procedure and House Affairs.[3] After debate, the question was put on the motion and it was agreed to.[4]

On May 31, 2016, the standing committee considered the matter. As the committee was provided with a statement from Ms. Brosseau accepting the Prime Minister’s apology, the committee decided not to take any further action.[5]

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[1] Debates, May 18, 2016, p. 3544.

[2] Debates, May 18, 2016, p. 3546.

[3] Debates, May 18, 2016, p. 3547, Journals, p. 478.

[4] Debates, May 18, 2016, p. 3551, Journals, p. 478; Debates May 19, 2016, pp. 3558–87, Debates, May 19, 2016, pp. 3600, Journals, pp. 482–3.

[5] Standing Committee on Procedure and House Affairs, Minutes of Proceedings, May 31, 2016, Meeting No. 24.