Selected Decisions of Speaker Gilbert Parent 1994 - 2001
The Daily Program / Oral Questions
Admissibility: ministerial responsibility
Debates, p. 8768
Context
On October 5, 1998, after Oral Questions, Don Boudria (Leader of the Government in the House of Commons) rose on a point of order regarding a question that Myron Thompson (Wild Rose) had put to Anne McLellan (Minister of Justice) in her capacity as “minister responsible for Alberta”.[1] He argued that, according to Beauchesne,[2] it is not in order to put a question to a minister in that minister’s capacity as representative of a province or a portion of a province. The government House leader also said it was contrary to the practices of the House to put a constitutional question to the Minister of Justice. After hearing the comments of the government House leader and other members, the Deputy Speaker (Peter Milliken) ruled immediately.
Resolution
The Deputy Speaker said that while the citation from Beauchesne regarding the lack of acceptability of questions directed to a minister in his or her capacity as a representative for a province or a region was a sound one, it did not apply in this situation. He pointed out that the Herb Gray (Deputy Prime Minister) had chosen to answer the question, which had satisfied everyone.
Decision of the Chair
The Deputy Speaker: The Chair is mindful of the comments and thanks honourable members on every side for their very useful contributions on this point. I may say that the citation from Beauchesne that the honourable government House leader referred to is perfectly correct, sound and based, I am sure, on long practice in this House.
However, I think the question that the honourable member for Wild Rose asked had to do with the constitutional niceties of Senate elections. While it may have been directed to the Minister of Justice incorrectly in her capacity as a regional minister—and I agree with the citation that questions ought not be directed in that way—it did concern something of her duties as Minister of Justice in some vague way.
The Deputy Prime Minister chose to answer the question and I think everyone was satisfied with the answer, as they were with the question.
Everybody is happy. Beauchesne has been complied with, the rules have been complied with, and we will continue with another question period on another day.
P0312-e
36-1
1998-10-05
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[1] Debates, October 5, 1998, pp. 8766-7.
[2] Beauchesne, 6th ed., c. 412, p. 125.