Selected Decisions of Speaker James Jerome 1974-1979
Privilege / Reflections upon a Member
Reflections upon a Member
Journals p. 228
Debates pp. 2383-4
Background
On December 11, Mr. La Salle (Joliette) rose on a question of privilege asking Mr. Caouette (Témiscamingue) to bring specific charges following general allegations which he had made regarding the conduct of certain Members and journalists. The Speaker pointed out that this was not a motion but rather a request that the Member for Témiscamingue clarify and specify his allegations. Such a request, he added, fell outside the ordinary definition of a question of privilege.
The next day Mr. Caouette rose on a question of privilege to specify his allegations, saying that Members of the House, including himself, had bribed journalists. The Speaker stated that he could not take action in the absence of a written notice of intention to raise a question of privilege and of a motion arising from it.
On December 17, Mr. La Salle again rose on a question of privilege, this time duly followed by a motion referring to the Committee on Privileges and Elections the accusation by the Member for Témiscamingue that Members had bribed journalists of the Parliamentary Press Gallery.
Issue
Does an accusation that Members have bribed journalists of the Parliamentary Press Gallery constitute a question of privilege?
Decision
A prima facie case of privilege does exist. The House divided on the motion which was agreed to.
Reasons given by the Speaker
"[T]he allegations relate to the relationship between the Members of this House and the members of the press gallery here ... [and since] to a certain extent the press gallery is an extension of the functioning of the House in bringing before the Canadian people, the electorate, the events of the House," this House wants to exercise some interest, if not some direction, and to take some responsibility therefor.
"Because the allegations directed against hon. Members are so broad, and because they relate to the press gallery, ... [the Chair] propose[s] to find that ... a prima facie case of privilege does exist ..."
References
Journals (Fourth Report of the Standing Committee on Privileges and Elections), March 6, 1975, p. 349.
Debates, December 10, 1974, p. 2119; December 11, 1974, pp. 2141-2; December 12, 1974, pp. 2216-8; December 13, 1974, pp. 2227-8; December 16, 1974, p. 2261; December 17, 1974, pp. 2317-21.
Special Committee on Rights and Immunities of Members, First Report, June 22, 1976, Issue No. 1, pp. 12-3.