Privilege / Miscellaneous

Miscellaneous

Debates p. 8174

Background

Shortly after the House met, Mr. Cafik (Ontario) rose on a question of privilege to complain of statements made by Mr. Lewis (York South) on September 23. Mr. Cafik characterized the remarks as an intemperate outburst degrading to the House and, although a question of privilege had been raised at the time by Mr. Allmand (Notre-Dame-de-Grace), Mr. Cafik said that he remained dissatisfied with the response made at the time by Mr. Lewis. Mr. Cafik also explained that he had been out of the House during the incident and that he had refrained from raising the matter the next day when Mr. Lewis himself had not been in the House. Notice of his intention to raise a question of privilege, however, had been sent to the Speaker on September 24.

Issue

Is there a prima facie case of privilege? Has the Member raised the question of privilege at the first opportunity?

Decision

There is no prima facie case of privilege. The question has not been raised at the first opportunity.

Reasons given by the Speaker

An important aspect of privilege is that it should be raised at the first opportunity. The Member's claim that he was outside the House when the words to which he took exception were spoken is not a sufficient argument. Though Members may not have been satisfied with the explanation given by the Member for York South, when the question of privilege was raised by another Member, the Chair had only to determine if any improper motives had been imputed. The remarks of Mr. Lewis had not been addressed to a particular Member. ". . . words which are addressed to one Member or two Members individually which might be considered unparliamentary are not judged unparliamentary when addressed to a group of Members or to a party."

References

Debates, September 23, 1971, p. 8106; September 24, 1971, p. 8137; September 27, 1971, pp. 8173-4.