March 1, 1966

Journals pp. 203-4

Debates pp. 1939-40

On February 21, Mr. Nielsen (Yukon) rose on a matter of privilege to challenge the validity of votes by Mr. Berger (Montmagny- Islet) in the House on three occasions subsequent to the date by which his election expenses should have been filed. After hearing comments from Members, the Speaker indicated he would study the matter before ruling.

Issue

Does the Speaker have the right to decide if a Member is entitled to sit and vote in the House?

Decision

No. It is for the House to make decisions regarding the exercise of Members' rights.

Reasons given by the Speaker

The Chamber is the sole judge of the lawfulness of its own proceedings, and "this holds even where the procedure of a House or the right of its Members or Officers to take part in its proceedings is dependent on Statute". It is not the role of the Speaker to decide on a question of substance or on the disallowance of a vote; such decisions are to be made by the House itself. Finally, if the Chamber decides that a Member "has no right to sit or vote in the House, the votes he may have given during the period of his disqualification will be struck off the Journals".

Sources cited

Bourinot, 4th ed., p. 390.

Caoada Elections Act, R.S., 1952, c. 23, s. 63.

Dawson, W.E, Procedure in the Canadian House of Commons, (Toronto, 1962), pp. 186, 190-1.

Debates, February 22, 1875, p. 260; February 21, 1966, pp. 1509-11.

May, 17th ed., pp. 60-1.