Privilege / Freedom from Molestation

Freedom from molestation

Journals p. 532

Debates pp. 6179-80

Background

When the House met, Miss MacDonald (Kingston and the Islands) rose on a question of privilege and recounted that on the previous Friday her "parliamentary office was visited on two occasions by members of the Ottawa city police force and the RCMP without first having sought an appointment or without [the Speaker's] permission". The purpose of these visits, she said, was "to inquire about files and documents missing from the Department of Indian Affairs and Northern Development". Members of the staff were questioned about Miss MacDonald's activities and conversations during the preceding 24 hours. This was done, on the first occasion, without her permission and without regard for the privacy of her office. Despite her co-operation in the investigation once she learned of it, Miss MacDonald felt a need to raise the matter and have it referred to the Standing Committee on Privileges and Elections. The Speaker made his decision immediately.

Issue

Is there a prima facie case of privilege when police officials are accused of having conducted an investigation of a Member's parliamentary office and staff without any authority or sanction?

Decision

"... if ever there was an apparent breach of a Member's privilege, this is it." [With the agreement and co-operation of all the party House Leaders or spokesmen, the motion was agreed to without debate.]

Reasons given by the Speaker

There is no doubt that Members should not be placed in a position where, in their absence from their offices, representatives of the police without any authority could enter the offices and question their staff.

References

Journals, September 21, 1973, p. 567 (The Second Report of the Standing Committee on Privileges and Elections).

Debates, September 4, 1973, p. 6181.