Privilege / Misrepresentation as a Member of Parliament

May 6, 1985

Debates p. 4439

On April 25, 1985, Mr. Witer (Parkdale—High Park) rose on a question of privilege relating to an advertisement which appeared in a Toronto-based Ukrainian-language newspaper. The ad in question identified Jesse Flis, the incumbent's predecessor, as Member of Parliament for Parkdale—High Park, listing the address and phone number of Mr. Flis' former constituency office. The Speaker resolved to investigate the matter further and reserved his decision.

Issue

Does the appearance of a newspaper advertisement identifying as a Member of Parliament someone other than the sitting Member constitute a prima facie question of privilege?

Decision

Yes. There is a prima facie question of privilege.

Reasons given by the Speaker

Anything tending to cause confusion regarding a Member's identity creates the possibility of an impediment to the fulfilment of the Member's functions and constitutes a breach of privilege. Since the time the matter was first raised, no documentary evidence has been received from the parties involved other than that originally presented by Mr. Witer. A ruling cannot be further delayed, and therefore, based on the evidence available, a prima facie case of privilege must be found.

(Mr. Witer's motion to refer the matter to the Standing Committee on Privileges and Elections was then agreed to.)