Rules of Debate / Miscellaneous

December 7, 1987

Debates, p. 11542

During Question Period on December 7, 1987, Mr. Don Boudria (Glengarry—Prescott—Russell) rose to question the Government about lawsuits and investigations concerning the operation and the disposition of lands by the Canada Lands Company at Mirabel, Quebec. In his preamble, Mr. Boudria stated: "I have in hand a copy of documents in a lawsuit dated September 2, 1987, which has not yet reached trial stage so I understand that under the rules of Sub Judice I can raise the issue." He then proceeded to pose his question about the matter, asking the Government if a Royal Commission of Inquiry would be appointed. The Hon. Ray Hnatyshyn (Minister of Justice and Attorney General of Canada) stated that he did not wish to comment as the matter was before the court. In answer to a supplementary question from Mr. Boudria, Mr. Hnatyshyn stated in part: "There is an investigation and I think it would be inappropriate for any member of the Government to comment on that investigation. We should allow the matter to go ahead, uninterrupted and uninhibited by outside influences."^[1] When Mr. Boudria requested a further supplementary question, the Speaker delivered a ruling which is reproduced in extenso below.

Decision of the Chair

Mr. Speaker: I do not think a supplementary would be appropriate at this time, but I want to say something not only to honourable Members but also to the public.

The questions put by the honourable Member for Glengarry—Prescott—Russell were, as I think honourable Members will know, especially experienced honourable Members, extremely careful. The rule is that a civil action is not Sub Judice at least until a trial starts. While that has been a long-standing dictate of Beauchesne to which Speakers have referred on many occasions, it still would not prohibit the Chair from making a contrary ruling if, in the total context, the Chair felt the question was about to prejudice the rights of either of the litigants. I did not believe that was the case. The honourable Member quoted from pleadings, which, by the way, honourable Members and the public should know, are all public documents.

The inquiry was on a serious matter. The Government, through the Minister of Justice, as is its right, said it does not want to comment on the merits of the case because it feels it might be prejudicial. The Government has stated there is an investigation going on. We have had carefully drafted questions and we have had replies.

I interrupt Question Period only to make this explanation so honourable Members and the public understand what is appropriate in the Chamber, and that sometimes there is a fine line where something may not be appropriate. I allowed the questions because they were careful and appropriate.

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1987-12-07