Privilege / Freedom from Intimidation

February 20, 1984

Debates pp. 1558-9

Following Question Period on February 15, 1984, Mr. Nielsen (Yukon) rose on a question of privilege. Following a report in The Globe and Mail newspaper and from replies given during Question Period, Mr. Nielsen claimed that the actions of certain officials in the Prime Minister's Office investigating the background of Mr. Mulroney (Leader of the Opposition) when he was President of the Iron Ore Company of Canada and the use of any such confidential or private information constituted a breach of privilege. Mr. Nielsen argued that the objective of the actions of the Prime Minister's Office and of certain members of the Government was to obstruct or intimidate the Leader of the Opposition in carrying out his duties, particularly during Question Periods, by threatening to release information about his conduct as a private citizen. In addition, it was an attempt to restrict Mr. Mulroney's freedom of speech. Further arguments were presented on February 16, 1984. The Speaker took the matter under consideration and gave his ruling on February 20, 1984.

Issue

Does the reported creation by the Government of a file on the Leader of the Opposition and an investigation of his past actions as a private citizen constitute an attempt to intimidate him and restrict his freedom of speech and thus establish a prima facie question of privilege?

Decision

No. On the basis of the facts presented there is not enough evidence to substantiate a prima facie question of privilege.

Reasons given by the Speaker

There is no evidence that the file created by the Prime Minister's Office contains anything other than public and readily available information about the Leader of the Opposition. There is no evidence that anything in the file was illegally obtained or that it was the kind of information to which public access would be restricted. Allegations made in the newspapers regarding this matter have been denied by a member of the Government and the House is bound to take his word that there is no foundation to the allegations made. "The essence of a breach of privilege of this kind lies in the obstruction or hindrance suffered by a Member in the fulfilment of his duties. There has been no evidence of any such impediment."