Privilege

Introduction

Members rise on a question of privilege whenever they feel their rights as Members have been infringed or a contempt against the House has been committed. In presenting their case Members are claiming that its importance demands priority over all other House business. It is the role of the Speaker to judge if the claim is well founded; that is, if on a prima facie basis it deserves privileged consideration.

In reaching such a decision the Speaker hears a brief statement from the Member raising the complaint. Although the Speaker is under no obligation to hear comments from other Members, he or she can solicit their opinions if it seems useful. The practice of Speaker Lamoureux was to limit comments to a minimum until he had decided if there was merit in the question of privilege. A notable exception to this practice occurred in March 1966 during the Munsinger affair.

Debate on a question of privilege only properly begins after the Speaker has agreed that there is a prima fade question of privilege. The Speaker's decision can turn on other factors in addition to the merits of the case itself; these include the terms of the motion the Member seeks to move and evidence that the issue was raised at the first opportunity.