Question of Privilege
April 22, 2002
Power to discipline: censure, reprimand and the summoning of individuals to the Bar of the House; Member seizing the mace from the Table; prima facie
Hon. Peter Milliken
Speaker of the House
Ruling Text
The Speaker:
I am reluctant to get into a lengthy argument in this case at this time anyway.
In my opinion, what took place in the House was contrary to the Standing Orders.
In my opinion it is a situation where I believe the Minister should be allowed to put his motion. I believe there has been a prima facie breach of the privileges of the House. The Minister sought to raise the matter on Thursday morning and got my approval to delay it because of the events that had transpired on Wednesday night, so it was not raised at the earliest opportunity, but I indicated there would be no prejudice in respect of time because of the delay on Thursday morning.
Accordingly, in my view the motion is one that could now be brought before the House and I invite the Minister to move his motion.
Postscript Mr. Goodale moved a motion to find Mr. Martin in contempt of the House and to suspend him from its service until he appeared at the Bar of the House to apologize.
[3]
During debate on the motion, Mr. Reynolds moved an amendment to remove the requirement for Mr. Martin's suspension from the service of the House, and instead to recognize his disregard for the authority of the Chair, to accept his previous apology and to consider the matter closed.
[4]
On April 23, 2002, Mr. Reynolds' amendment was defeated and the main motion was adopted.
[5]
On April 24, 2002, Mr. Martin appeared at the Bar of the House and delivered an apology. The Speaker then invited him to return to his seat.
[6].
[1]
Debates, April 17, 2002, pp. 10524-7, Journals, pp. 1302-4.
[2]
Debates, April 22, 2002, p. 10654.
[3]
Debates, April 22, 2002, pp. 10654-70, Journals, p. 1323.
[4]
Debates, April 22, 2002, p. 10658, Journals, p. 1323.
[5]
Debates, April 23, 2002, pp. 10747-8, Journals, pp. 1337-8.
[6]
Debates, April 24, 2002, p. 10770, Journals, p. 1341.
Edit Metadata
Holding
"A prima facie case of breach of privilege was found, and the Minister was permitted to move a substantive motion of contempt against another Member."
AI Summary
The Speaker found a prima facie breach of privilege, permitting a Minister to move a contempt motion against another Member for actions contrary to the Standing Orders.
AI Analysis
- Outcome
- Sustained
- Tone
- Stern
- Procedural Stage
- Ruling on a Question of Privilege
- Significance
Low
High