Privilege / Miscellaneous

Miscellaneous

Debates pp. 10845-6

Background

Rising on a question of privilege, Mr. Korchinski (Mackenzie) claimed that the Government had displayed a contempt for Parliament by seeking "to take action with respect to northern development and the native peoples of the North without securing legislative authorization". Mr. Korchinski based his accusation on documents published in the Globe and Mail. He therefore proposed to move that the subject-matter of this question of privilege be referred to the Standing Committee on Indian Affairs and Northern Development. The Speaker ruled immediately.

Issue

Does the matter meet the requirements of a question of privilege? Is the motion in the proper form?

Decision

There is no prima facie case of privilege. The motion of the Member is not sufficiently specific and refers the matter to the wrong committee.

Reasons given by the Speaker

There is nothing to suggest in the Member's charge that 'there has been a prima facie breach of the rights and immunities of Members of the House of Commons". The Chair, in effect, has been asked "to determine a question of law in respect of certain administrative actions by the Government", but this matter cannot be considered on the basis of parliamentary privilege. Even if a prima facie case of privilege existed, the terms of the motion make it procedurally unacceptable since "a matter of parliamentary privilege ought to be considered by the Committee on Privileges and Elections".

Sources cited

Standing Order 17(2).

May, 17th ed., p. 42.