Ruling
September 21, 1971
Impeachment committee
Hon. Lucien Lamoureux
Speaker of the House
Ruling Text
The most recent precedent for the unusual and unused impeachment proceedings existing in the British Parliament dates from 1805, when a judgment in an impeachment case was rendered by the House of Lords, acting in its judicial capacity. This procedure is not applicable to Canada, because the Senate does not have a judicial role in the strict sense of the term; this function is possessed by the House of Lords only. Furthermore, the impeachment procedure had fallen into disuse in the British House of Parliament prior to the adoption of our Standing Order 1. Consequently, the British usages and customs that apply by virtue of Standing Order 1 do not cover the present case.
No precedents are cited by our own authorities, moreover, to support the proposition that the impeachment procedure has been carried over into our Canadian parliamentary practice.
Edit Metadata
Holding
"The British procedure of impeachment is not a part of Canadian parliamentary practice and cannot be used."
AI Summary
The Speaker rules that the British procedure of impeachment is not applicable in Canada due to the Senate's lack of judicial power and the procedure's obsolescence.
AI Analysis
- Outcome
- Denied
- Tone
- Educational
- Procedural Stage
- Not specified
- Significance
Low
High