Privilege / Impeding a Member

Impeding a Member

Journals pp. 569-70

Debates pp. 6097-8

Background

On May 20, Mr. Stevens (York—Simcoe) rose on a question of privilege to allege that during a sitting of the Standing Committee on Finance, Trade and Economic Affairs, convened to consider estimates for the purchase of Canadair, the chairman, Mr. Kaplan (York‑Centre) and certain other Members on the committee were deliberately obstructive. Mr. Stevens moved that the matter be referred to the Committee on Privileges and Elections.

The next day the chairman of the committee, Mr. Kaplan, rose on a question of privilege to deny Mr. Stevens' allegations. He explained that the conduct described as obstruction by Mr. Stevens involved his refusal to put the estimates to a vote without a quorum. He then moved that this ruling, made in his capacity as chairman, be referred to the Committee on Privileges and Elections.

Issue

Does an apparent obstruction on the part of a committee chairman constitute a breach of privilege?

Decision

The issue raised is not a breach of parliamentary privilege.

Reasons given by the Speaker

There is a well-established practice that the Chair "ought not to sit as a court of appeal in respect to the proceedings in a standing committee".

Regarding the issue raised by Mr. Kaplan, "the term 'obstruction' in respect to an individual and specific Member was found not to be out of order" according to precedent. However, "it may well be that if examined carefully that particular term could be an impropriety in respect of a description of the actions of a chairman." In that case the procedure would be to either appeal the chairman's ruling to the committee as a whole, or to raise a debate on a motion of censure by a Member. The Committee on Privileges and Elections should not be allowed to become a court of appeal for the proceedings of other standing committees.

Authority cited

May, 18th ed., p. 419.

References

Debates, May 16, 1975, p. 5871; May 20, 1975, p. 5915-6; May 21, 1975, p. 5967; May 22, 1975, p. 6006; May 23, 1975, p. 6057.