Question of Privilege
March 22, 1983
Accusations of lobbying and committing a criminal offence
Hon. Jeanne Sauvé
Speaker of the House
Ruling Text
Not only do defamatory allegations about Members place the entire institution of Parliament under a cloud, they also prevent Members from performing their duties as long as the matter remains unresolved, since, as one authority states, such allegations bring Members into "hatred, contempt or ridicule". Moreover, authorities and precedents agree that even though a Member can "seek a remedy in the courts, he cannot function effectively as a Member while this slur upon his reputation remains." Since there is no way of knowing how long litigation would take, the Member must be allowed to re-establish his reputation as speedily as possible by referring the matter to the Standing Committee on Privileges and Elections. In addition, whatever the findings of the Committee, "they would in no way prejudice the rights of the litigants in a possible action for defamation." Lastly, the matter can be taken under consideration by a committee of the House even though some aspects of it are before the courts as part of a bankruptcy proceeding, because "the House has never allowed the sub judice convention to stand in the way of its consideration of a matter vital to the public interest or to the effective operation of the House."
Edit Metadata
Holding
"A slur upon a Member's reputation can be referred to a committee for speedy resolution, and this parliamentary process is not impeded by the sub judice convention when the matter is vital to the House's effective operation."
AI Summary
A Speaker's ruling confirms that defamatory allegations against a Member can be referred to a committee despite the sub judice convention to protect the Member's ability to function.
AI Analysis
- Outcome
- Sustained
- Tone
- Educational
- Procedural Stage
- Question of Privilege
- Significance
Low
High