Ruling
March 31, 1981
Supreme Court of Canada
Hon. Jeanne Sauvé
Speaker of the House
Ruling Text
Only the House can decide whether to discontinue or not to initiate a debate. Whatever the practice followed, the sub judice convention does not apply when studying bills, that is while the House is involved in the legislative process, otherwise, it would mean that the Courts could bring parliamentary proceedings to a halt. Now, the resolution presently under consideration constitutes an element of the legislative process since it involves constitutional revision and the address contains the proposed bill. Moreover, precedents indicate that the House can discuss subjects of national interest even if they are awaiting or are under adjudication by the civil courts. It is evident that the resolution presently under consideration constitutes a subject of national interest. Finally, according to certain authorities, the Chair must not use its discretionary powers to invoke the sub judice convention except in exceptional cases where it is clear to the Speaker that to do otherwise could be harmful to specific individuals.
Edit Metadata
Holding
"The sub judice convention does not apply to legislative proceedings, including the constitutional resolution under consideration, and therefore the debate may proceed."
AI Summary
The Speaker ruled that the sub judice convention does not prevent the House from debating legislative matters, including constitutional resolutions, even if the subject is before the courts.
AI Analysis
- Outcome
- Denied
- Tone
- Educational
- Procedural Stage
- Government Orders
- Significance
Low
High