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Ruling October 31, 1977

Urgent issue;sub judiceconvention not applicable

Hon. James Jerome

Hon. James Jerome

Speaker of the House

Ruling Text

A key concept in considering a motion moved under Standing Order 26 is that of emergency which can apply to a sudden occurrence or an unexpected event. It can apply also to "the sudden and unexpected revelation of events which have taken place in the past, in that they might precipitate a course of conduct which, if allowed to continue unchecked, would certainly classify itself as an emergency and a matter of urgent consideration." This is according to a reasonable interpretation of Standing Order 26. To apply the rule too strictly would make it meaningless. The sub judice convention has no application here because the body carrying out the inquiry is not a judicial body but an investigatory one, and because no decision of the Commission could in any way be prejudiced by a debate of the House.
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AI Summary

The Speaker rules that the sub judice convention does not apply to an investigatory commission, thus permitting an emergency debate on the matter.

AI Analysis

Holding
"The sub judice convention does not prevent an emergency debate on a matter being examined by an investigatory commission, as such a body is not judicial and a debate would not prejudice its findings."
Outcome
Sustained
Tone
Educational
Procedural Stage
Routine Proceedings
Significance
Low High

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