Selected Decisions of Speaker Lloyd Francis 1984
Privilege / Miscellaneous
Committee proceedings, rights of independent Members
Debates pp. 4632-5
Background
During report stage consideration of Bill C-9, the Canadian Security Intelligence Service Act, Mr. Yurko (Edmonton East) rose on a question of privilege arising from committee consideration of the bill. Mr. Yurko claimed that the chairman had limited debate and had in effect prevented him from bringing forth amendments to the bill, though an alternate member had been allowed to do so. Mr. Yurko argued that this violated the rights of independent Members of the House. Though Mr. Yurko had not given written notice of his question of privilege, the Speaker allowed the Member to present his case, noting that this instance would not be taken as a precedent. After hearing comments from Members, the Speaker ruled.
Issue
Did the chairman's decision to prevent an independent Member from moving an amendment in committee constitute a breach of the Member's privileges?
Decision
No. The issue raised is not a breach of parliamentary privilege.
Reasons given by the Speaker
On June 8, 1984, when the Member had first app roached the Speaker concerning this problem, he had been advised that the Chair did not delve into the proceedings of committees. The Chair normally only takes notice of a matter of privilege if it is reported by a committee to the House. Beauchesne's Fifth Edition Citation 76 clearly states this. Since the committee report did not relate to any matter of privilege arising in the course of its proceedings, the Member 's complaint could not be brought before the House. The verbatim transcript of the committee proceedings is not a report of the committee and therefore cannot be used as the basis for a question of privilege.
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Sources cited
Debates, May 26, 1975, pp. 6097-8.
Beauchesne, 5th ed., pp. 23-4, cc. 75-76.