When we adjourned our last meeting on Tuesday, there was a motion before the committee. There was debate around the table as to, one, whether the committee is the right committee to deal with the issue, and, two, if because the issue is before the courts awaiting a decision....
I listened to the debate and I'm prepared to make a ruling on the motion. I am basically going to rule, as of now, the motion out of order, and I'll give you my reason. It has to do with the argument of sub judice:
There are other limitations to the privilege of freedom of speech, most notably the sub judice (“under the consideration of a judge or court of record”) convention. It is accepted practice that, in the interests of justice and fair play, certain restrictions should be placed on the freedom of Members of Parliament to make reference in the course of debate to matters awaiting judicial decisions, and that such matters should not be the subject of motions or questions in the House. Though loosely defined, the interpretation of this convention is left to the Speaker. The word “convention” is used as no “rule” exists to prevent Parliament from discussing a matter which is sub judice. The acceptance of a restriction is a voluntary restraint on the part of the House to protect the accused person or other party to a court action or judicial inquiry from suffering any prejudicial effect from public discussion of the issue.
That is what I based my decision on, and I believe if the issue is before the courts awaiting a decision, the committee should not discuss it publicly until that decision has been rendered.
Mr. McCallum.