Privilege / Freedom from Molestation

Freedom from molestation

Journals pp. 756-8

Debates pp. 5410-1

Background

In consequence of certain answers given by Mr. Blais (Solicitor General) during the Question Period of April 26, Mr. Stanfield (Halifax) rose on a question of privilege charging that the Solicitor General was committing a breach of privilege by refusing to provide information concerning the possible surveillance by the RCMP of candidates for election to the House of Commons. The following day, Mr. Stanfield presented a specific motion on the question of privilege and arguments on the matter were deferred to the next day. After allowing some discussion on April 28, the Speaker announced certain reservations about the motion moved by Mr. Stanfield. According to the Speaker, the subject matter of the motion seemed to involve a dispute with the Solicitor General rather than a question of privilege. Thus the Speaker indicated a preference for setting aside the motion and perhaps receiving another on the same subject before hearing more arguments. On May 2, Mr. Stanfield moved a revised motion.

Issue

Can privilege be extended to cover candidates for election?

Decision

Privilege cannot be extended beyond the physical precincts nor beyond the life of a Parliament to include candidates for election.

Reasons given by the Speaker

It is not possible to see "how privilege as defined can be extended beyond the physical precincts and, indeed, beyond the life of a Parliament to cover, not Members but candidates, not in respect of activities here in this Chamber but elsewhere, and not during the life of a Parliament but during a period when technically Parliament does not exist."

Authority and precedent cited

May, 19th ed., p. 67.

Debates, April 29, 1971, p. 5338.

References

Debates, April 26, 1978, pp. 4887-9; April 27, 1978, p. 4921; April 28, 1978, pp. 4972-7; May 2, 1978, pp. 5058-69.