Privilege / Reflections upon a Member

Reflections upon a Member

Journals pp. 1204-6

Debates pp. 7044-5

Background

On June 13, Mr. Lawrence (Northumberland—Durham) rose on a question of privilege to object to the use made by the CBC of certain remarks which he had made in 1972. These had been incorporated into a program on organized crime in Canada. He claimed that his statement had been taken out of context and feared that his reputation and capabilities as a Member had been damaged in consequence. While indicating that he was considering legal action, Mr. Lawrence also wanted the matter referred to the Standing Committee on Privileges and Elections so that he might be allowed the opportunity to clear his name and reputation.

Issue

Is there a question of privilege?

Decision

No.

Reasons given by the Speaker

In these situations, the practice of resorting to a question of privilege has become customary. It permits a Member to make what is essentially a personal statement under the umbrella of privilege in circumstances where he feels unduly attacked and allows him an opportunity to be heard by the House.

Because there has been no obstruction or interference of a Member in the exercise of his duties, there is no question of privilege.

More suitable avenues of redress are available. "The protection of an elected person against unwarranted or intemperate publicity, even abuses or defamatory publicity, is precisely that which is enjoyed by every citizen before our courts."

Authorities and precedents cited

May, 19th ed., p. 343.

United Kingdom, Parliament, House of Commons, Report from the Select Committee on Parliamentary Privilege (London, 1967), pp. xv-xvi.

Debates, April 9, 1976, p. 12668; May 20, 1976, p. 13708.

References

Debates, June 13, 1977, pp. 6584-5.