June 8, 1970

Journals pp. 965-6

Debates pp. 7816-7

When the House met, Mr. Baldwin (Peace River) rose on a question of privilege to object to statements made recently outside the House by Mr. Benson (Minister of Finance). In addition, Mr. Baldwin complained that the answers to certain questions addressed the week before to the Minister and Mr. Trudeau (Prime Minister) were less than candid; he characterized them as "an exercise in a sly and furtive form of deceit". Mr. Knowles (Winnipeg North Centre) also claimed a question of privilege. Stressing the right of Members not to be misled, even if unintentionally, Mr. Knowles asked the Speaker to find a prima facie case of privilege in order to allow the Standing Committee on Privileges and Elections to examine and clarify the "apparent conflict between statements on income restraints made by the Government ... in the House of Commons, and the position taken by the Government ... at a federal-provincial conference." Members made comments on the issue before the Speaker made his ruling.

Issue

Can a motion of privilege seek a committee inquiry to clear up confusion about the alleged misrepresentation of statements made by Ministers or Members? Can the claim that Ministers are obliged to make statements in the House be treated as a matter of privilege?

Decision

The motion of Mr. Knowles does not fulfil the requirements for a prima facie case of privilege. The issue of statements by Ministers is not a matter of privilege.

Reasons given by the Speaker

The intent of the proposed question is to confirm a deliberate deception by a Member or Members. In accordance with previous rulings, however, no Member should have to submit to an investigation of his or her conduct by the House or a committee until he or she has been charged with an offence. The proposed motion states no such specific charge. Instead, there seems to be "a dispute or a misunderstanding arising between Members as to allegations of fact". Such a situation does not meet the prima fade conditions of parliamentary privilege. While the issue of obliging Ministers to make statements in the House is a difficult problem that has been raised many times, it is not really a question of privilege which justifies a motion being put to the House for debate to refer the matter to a committee.

Sources cited

Journals, June 19, 1959, pp. 582-6.

Beauchesne, 4th ed., p. 102, c. 113.

References

Debates, June 8, 1970, pp. 7813-6.