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Point of Order April 5, 2019

Sub judiceconvention; debate on an opposition motion

Hon. Geoff Regan

Hon. Geoff Regan

Speaker of the House

Ruling Text

The Assistant Deputy Speaker: Order. I want to remind the member again that the motion is in order and that there is some flexibility within this realm of debate. I still have not seen any portion of the debate that has touched on the concerns the parliamentary secretary to the government House leader has raised. I want to go back to House of Commons Procedure and Practice, third edition, which states, at page 99: The practice has evolved so that it is the Speaker who decides what jurisdiction the Chair has over matters sub judice. In 1977, the First Report of the Special Committee on the Rights and Immunities of Members recommended that the imposition of the convention should be done with discretion and, when there was any doubt in the mind of the Chair, a presumption should exist in favour of allowing debate and against the application of the convention. Since the presentation of the report, Speakers have followed these guidelines while using discretion. I will go on to say that in a 2013 ruling, Speaker Scheer addressed these issues. He stated: As Speaker, I must endeavour to find a balance between the right of the House to debate a matter and the effect that this debate might have. This is particularly important given that the purpose of the sub judice convention is to ensure that judicial decisions can be made free of undue influence. I would suggest that the parliamentary secretary maybe review that portion of the House procedures. I will allow the debate to continue.. [1] Debates, April 5, 2019, p. 26726. [2] Debates, April 5, 2019, p. 26728.
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AI Summary

The Speaker denied a challenge based on the sub judice convention, affirming the Chair's discretion to allow debate unless it clearly risks undue influence on judicial proceedings.

AI Analysis

Holding
"The debate on the motion is allowed to continue as the Chair has not found evidence that the sub judice convention has been violated, reinforcing the principle that discretion should favor allowing debate."
Outcome
Denied
Tone
Educational
Procedural Stage
Debate on a Motion
Significance
Low High

AI Keywords

sub judice sub judice convention opposition motion discretion scope of debate parliamentary secretary Special Committee on the Rights and Immunities of Members

Cited Authorities

Tags & Keywords

#Debate #Procedure