Privilege / Freedom of Speech

May 16, 1986

Debates pp. 13361-2

On May 14, 1986, Mr. Gray (Windsor West) rose on a question of privilege concerning the proposed inquiry into conflict-of-interest allegations against the former Regional Industrial Expansion Minister (Mr. Stevens). The Opposition had maintained that such an inquiry should be carried out by the House itself through one of its committees. The Deputy Prime Minister (Mr. Nielsen) had indicated that the inquiry would be undertaken by a person or persons outside the House, and that the inquiry's terms of reference would include the various statements and allegations made in the House of Commons. Mr. Gray argued that the Government was seeking, through executive action, to call into question statements made by Members in the House of Commons, a course of action which would infringe upon their freedom of speech. Mr. Gray also accused the Deputy Prime Minister, through his comments, of attempting to intimidate Members in the exercise of their duties. The Speaker reserved his decision.

Issue

Does the Government's proposal to have an independent external body investigate allegations raised in the House constitute a prima facie question of privilege?

Decision

No. There is no prima facie question of privilege.

Reasons given by the Speaker

No court or inquiry may call into question or pass judgement on statements made by Members in the House, although it must remain possible to investigate the substance of an allegation once it has been made in the House. However, it is difficult for the Chair to determine whether the purposes of an inquiry are improper in advance of the inquiry being created since a breach of privilege cannot be hypothetical. The Chair could not find an expressed intention to be a breach unless it were of itself a threat. No threat, real or implied, that Members may be called to account for anything they have said in the House has been made.