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Table of Contents
Home Page
Introductory Pages
Parliamentary Institutions
Parliaments and Ministries
Privileges and Immunities
Introduction
Parliamentary Privilege: A Definition
Historical Perspective
Privilege Versus Contempt
The Structure of Privilege
Rights and Immunities of Individual Members
Rights of the House as a Collectivity
The Inherent Limitations of Privilege
Members’ Privileges and the Criminal Law
Procedure for Dealing with Matters of Privilege
Notes 1-50
Notes 51-100
Notes 101-150
Notes 151-200
Notes 201-250
Notes 251-300
Notes 301-350
Notes 351-400
Notes 401-413
The House of Commons and Its Members
Parliamentary Procedure
The Physical and Administrative Setting
The Speaker and Other Presiding Officers of the House
The Parliamentary Cycle
Sittings of the House
The Daily Program
Questions
The Process of Debate
Rules of Order and Decorum
The Curtailment of Debate
Special Debates
The Legislative Process
Delegated Legislation
Financial Procedures
Committees of the Whole House
Committees
Private Members’ Business
Public Petitions
Private Bills Practice
The Parliamentary Record
Appendices
House of Commons Procedure and Practice
Edited by Robert Marleau and Camille Montpetit
2000 Edition
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3. Privileges and Immunities
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[401]
See, for example, Standing Committee on House Management, Sixty-Fifth Report,
Minutes of Proceedings and Evidence
, February 18, 1993, Issue No. 46, pp. 7-11, which recommended that the Speaker write a letter to the
CBC
and a named individual advising them of the content of the report; Standing Committee on Procedure and House Affairs, Sixty-Sixth Report, presented to the House on April 14, 1999,
Journals
, p. 1714, Sessional Paper No. 8510-361-152, which suggested improvements for handling demonstrations around the parliamentary precinct and other parliamentary buildings (see especially paras. 16-23).
[402]
See, for example, the motion for concurrence in the Sixty-Fifth Report of the Standing Committee on House Management, adopted on February 25, 1993 (
Debates
, p. 16440); the motion for concurrence in the Twenty-Second Report of the Standing Committee on Procedure and House Affairs, debated in the House on June 20, 1996, superseded by a motion to adjourn the debate and transferred to Government Business on the
Order Paper
(see
Journals
, pp. 592-3); the motion for concurrence in the Twenty-Ninth Report of the Standing Committee on Procedure and House Affairs, adopted on a recorded division (see
Journals
, May 5, 1998, pp. 744-5). See also
Journals
, April 29, 1998, p. 722.
[403]
See also
Chapter 13, “Rules of Order and Decorum”
.
[404]
Debates
, November 21, 1990, p. 15526.
[405]
In 1996, Speaker Parent advised the House that Jean-Marc Jacob (Charlesbourg) would be rising to make a solemn declaration to the House. The Speaker cautioned Members that the statement was not to incite debate. The Speaker subsequently interrupted Mr. Jacob and ruled that “the words being used [in the statement] tend more toward a debate than a solemn declaration”. The Member was not allowed to continue (see
Debates
, June 18, 1996, p. 4027). See also
Debates
, May 11, 1989, pp. 1571-3, when a Minister rose on a matter of personal privilege to clarify a statement he had made the previous day. Following the statement of the Minister, the Speaker recognized the critic from the Official Opposition to respond to the statement. However, when the Minister began to engage in a debate with the opposition Member, the Speaker closed off the remarks and advised the House that Members could seek further information from the Minister on another occasion.
[406]
Debates
, March 17, 1997, p. 9060.
[407]
See, for example,
Debates
, June 13, 1977, pp. 6584-5; October 8, 1987, p. 9827; June 18, 1996, p. 4027.
[408]
See, for example,
Debates
, May 11, 1989, pp. 1571-3.
[409]
See
Debates
, December 18, 1987, pp. 11950-1; March 19, 1991, p. 18710; October 9, 1991, pp. 3515-6; January 24, 1994, p. 197; October 31, 1996, pp. 5948-9; April 28, 1999, p. 14448.
[410]
See, for example,
Debates
, November 26, 1992, pp. 14113-5.
[411]
See, for example,
Debates
, November 21, 1990, pp. 15526-8; March 17, 1997, pp. 9059-60.
[412]
See, for example,
Debates
, March 15, 1984, pp. 2138-9; May 12, 1986, p. 13149; February 3, 1988, p. 12581.
[413]
See
Debates
, January 26, 1990, p. 7495; December 12, 1990, pp. 16635-6; May 27, 1991, p. 610.