Rules of Debate / Sub judice

Sub judice; Federal Court of Canada

 Journals pp. 847-8

Debates pp. 8395-6

Background

As the House resumed report stage consideration of Bill C-244, an Act respecting the stabilization of prairie grain sale proceeds ... , Mr. Knowles (Winnipeg North Centre) rose on a point of order to argue that because matters touching the content of this bill were now before the Federal Court of Canada, the rule of sub judice should apply to suspend further consideration of the bill pending the court's ruling. After hearing other Members' contributions to the point of order, the Speaker ruled.

Issue

Does the sub judice convention prevent the House from considering a bill?

Decision

No, the sub judice convention does not prevent the House from initiating or continuing the discussion of legislation.

Reasons given by the Speaker

Too narrow an interpretation of the authorities cited by Members would place Parliament in an intolerable situation where "the whole legislative process might be stopped simply by the initiation of a writ or legal proceedings in one or other of the courts of Canada". Other authorities clearly give a wider interpretation, indicating that the sub judice convention does not apply to bills.

Sources cited

Standing Order 51.

Beauchesne, 4th ed., pp. 127-8, c. 149.

May, 16th ed., p. 400.

May, 17th ed., p. 396.

References

Debates, October 4, 1971, pp. 8393-5.