Parliamentary Privilege
Rights of the House
Contempt of the House - Removal of the Mace
April 22, 2002
Summary: On April 17, 2002, Ralph Goodale (then Government
House Leader) rose and stated that earlier in the evening, a Member
of Parliament (Keith Martin (Esquimalt-Juan de Fuca, Canadian Alliance))
had attempted to seize and remove the ceremonial Mace, which lies
in a place of honour at the head of the Clerk's table in front of
the Speaker to indicate when the House is in session. Mr. Goodale
argued that Mr. Martin had committed an affront to the dignity of
the House and an assault on its order and decorum. He gave notice
that he would raise a question of privilege at the earliest opportunity.
After several interventions, Mr. Martin rose and apologized to
both the Chair and the House for touching the Mace, stating that
he had done so in the heat of the moment to make a point. The Acting
Speaker accepted the Member's apology but added that it would be
up to the Speaker to pursue the matter. It should be noted that
Mr. Martin's actions immediately followed the adoption of an amendment
moved by John Maloney (Erie-Lincoln, Liberal) to withdraw Mr. Martin's
Private Members' Bill C-344 (An Act to amend the Contraventions
Act and the Controlled Drugs and Substances Act (marihuana)), and
to have the subject-matter referred to the Special Committee on
the Non-Medical Use of Drugs.
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On April 22, 2002, Mr. Goodale raised a question of privilege
regarding the Mace incident and the Speaker delivered his
ruling. The Speaker stated that the incident in the Chamber
was contrary to the Standing Orders and that he believed there
was a prima facie breach of privilege of the House. Consequently,
he invited the Government House Leader to move his motion.
Accordingly, Mr. Goodale moved that the Member for Esquimalt-Juan
de Fuca (Keith Martin) be suspended from the service of the
House until such time as he appeared at the Bar of the House
to apologize for his actions, in a manner found to be satisfactory
by the Speaker. On April 23, 2002, the House agreed to the
motion on division.
There are currently five Officers who report directly to
Parliament -- the Auditor General, the Chief Electoral Officer,
the Commissioner of Official Languages, and the Information
and Privacy Commissioners. All of these Officers are appointed
by the Prime Minister, and, with the exception of the position
of Auditor General, all appointments require the ratification
of the House of Commons.
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It should be noted that whether it is against its own
Members, staff or "strangers", the House has
the power to discipline someone who is guilty of any
misconduct that the House considers a breach of privilege
or contempt. The House has a wide range of penalties
it may use for dealing with misconduct: in the case
of Members, they may be called to order, "named"
for disregarding the authority of the Chair (suspended
for the remainder of the sitting), incarcerated or even
expelled.
On rare occasions in modern times, Members have been
summoned to appear before the Bar of the House. There
the person may be reprimanded by the Speaker or asked
to apologize to the House. The Bar is a brass rod extending
across the floor of the Chamber inside its south entrance
beyond which strangers are not allowed. Individuals
who are in contempt of the House - that is, guilty of
an offence against the dignity or authority of Parliament
- may be formally summoned to appear before the Bar
of the House, if Members adopt a motion to that effect.
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On April 24, 2002 pursuant to the Order made the day before,
Speaker Milliken asked Mr. Martin to appear at the Bar to address
the House. Mr. Martin delivered an apology for his actions in grabbing
the Mace. After Mr. Martin's statement, the Speaker allowed him
to resume his seat.
Debates, April 22, 2002
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