Statement
December 7, 1987
Sub judice: Civil matter: raised during Question Period
Hon. John Fraser
Speaker of the House
Ruling Text
Mr. Speaker: I do not think a supplementary would be appropriate at this time, but I want to say something not only to honourable Members but also to the public.
The questions put by the honourable Member for Glengarry—Prescott—Russell were, as I think honourable Members will know, especially experienced honourable Members, extremely careful. The rule is that a civil action is not Sub Judice at least until a trial starts. While that has been a long-standing dictate of Beauchesne to which Speakers have referred on many occasions, it still would not prohibit the Chair from making a contrary ruling if, in the total context, the Chair felt the question was about to prejudice the rights of either of the litigants. I did not believe that was the case. The honourable Member quoted from pleadings, which, by the way, honourable Members and the public should know, are all public documents.
The inquiry was on a serious matter. The Government, through the Minister of Justice, as is its right, said it does not want to comment on the merits of the case because it feels it might be prejudicial. The Government has stated there is an investigation going on. We have had carefully drafted questions and we have had replies.
I interrupt Question Period only to make this explanation so honourable Members and the public understand what is appropriate in the Chamber, and that sometimes there is a fine line where something may not be appropriate. I allowed the questions because they were careful and appropriate.
F0716-e 33-2 1987-12-07.
[1]
Debates, December 7, 1987, pp. 11541-2.
Edit Metadata
Holding
"Questions regarding a civil action are generally permissible before a trial commences, as the matter is not considered sub judice, provided the questions are carefully phrased to avoid prejudicing the case."
AI Summary
The Speaker explains that questions about a civil case were allowed during Question Period because the sub judice convention does not apply before a trial starts and the questions were carefully phrased.
AI Analysis
- Outcome
- Sustained
- Tone
- Educational
- Procedural Stage
- Question Period
- Significance
Low
High