Privilege / Misleading the House

Tabling of allegedly incorrect documents

Debates p. 23278

Background

On February 25, Mr. Lewis (Simcoe North) rose on a question of privilege regarding documents tabled by Mr. Trudeau (Prime Minister). Mr. Lewis maintained that some of these documents contained incorrect information, in particular, a piece of correspondence prepared by Mr. Lalonde (Minister of Finance), which contained errors that the Minister was aware of but took no action to correct. According to Mr. Lewis, this was a contempt of Parliament and he said that he was prepared to move a motion referring the matter to the Standing Committee on Privileges and Elections. After hearing comments from another Member, the Speaker took the matter under consideration and ruled a few days later.

Issue

Can the tabling of documents containing allegedly incorrect information constitute a prima facie case of privilege?

Decision

No. There is no prima facie case of privilege.

Reasons given by the Speaker

For there to be a prima facie case of privilege, sufficient evidence must be presented to warrant the matter proceeding to investigation. Furthermore, it is not for the Chair to determine whether or not the contents of documents tabled in the House are accurate. Moreover, reflections may not be cast upon the conduct of Members except by way of a substantive motion for which notice is required.

Sources cited

Debates, June 19, 1959, p. 4930; February 28, 1978, pp. 3293-5; May 19, 1982, pp. 17593-6.

May, 19th ed., p. 428.

References

Debates, February 25, 1983, pp. 23219-21.