Privilege / Impeding a Member

Debate on an allegedly illegal measure

Debates p. 8868

Background

Mr. Lawrence (Durham—Northumberland) rose on a question of privilege to complain of the fact that the Government, by proceeding with its constitutional proposals, was forcing him to consider a question which, in his opinion, was illegal and which was in conflict with the various oaths he had taken, including that of a lawyer. After hearing comments from Members, the Speaker ruled.

Issue

Can the personal situation of a Member regarding the alleged illegality of a measure presently being considered by the House be invoked to justify a question of privilege?

Decision

No. Therefore, there is no prima facie case of privilege.

Reasons given by the Speaker

Not only is the personal situation of each Member not governed by the Standing Orders, but it would be violating the principle of equality of all Members in the House if a difference were to be made between those who have taken an oath as members of the Bar and those who have not. Finally, the Chair is prohibited from determining the legality or the constitutionality of any particular measure.

References

Debates, April 1, 1981, pp. 8862-8.