Mr. Speaker, I was not personally a victim yesterday of what has been described. I must say, however, that I was outraged when I read of it in this morning's paper. I read, for instance, of a Toronto police officer saying “I don't know where you can get through, but you can't get through here”. I know that being a Toronto police officer is important, but more important than our rights and privileges as parliamentarians.
In support of what the hon. member has said, I cannot speak to the merit of the claim itself, having not been a victim, but I can speak to the merit as regards the principle behind it. I would therefore also like to quote Maingot, in chapter 9 of Parliamentary Privilege in Canada , which addresses the privilege of freedom to attend Parliament without arrest or what was called molestation. It reads:
In connection with most early assemblies that were in any way identified with the King—
This refers to the assemblies of nobles of the day.
—is to be found some idea of a royally sanctioned safe-conduct; the King's peace was to abide in his assembly and was to extend to the Members in coming to it and returning from it. Naturally these royal sanctions applied to Parliament.
Continuing:
As it is an essential part of the constitution of every court of judicature, and absolutely necessary for the due execution of its powers, that persons resorting to such courts, whether as judges or as parties, should be entitled to certain privileges to secure them from molestation during their attendance; it is more peculiarly essential to the Court of Parliament, the just and highest court in this Kingdom—
If we then read the 22nd edition of Erskine May on page 121, it refers to obstructing members of either House in the discharge of their duty. It states:
Any attempt to infringe the privilege of freedom from arrest in civil causes by Members of both Houses is itself a contempt and has been punished.
That would be in the case of where someone tries to arrest someone. This is a threshold that is far lower than that, which is to actually stop someone. Therefore, prima facie, it seems that the offence is even greater because there was not even an alleged breach of anything by any hon. member.
Erskine May also states:
The House will proceed against those who obstruct Members in the discharge of their responsibilities to the House or in their participation in its proceedings.
It is pretty clear that to stop someone from coming to Parliament is a very serious offence.
Finally, this right is very ancient. Erskine May refers to the fact that in 1751, officials of what was known at the time as the liberty of Westminster, which I gather is the equivalent of the council of the city, were committed for having apprehended, insulted and abused a member and for refusing to discharge him. In other words, when they refused to allow a member to leave from their arrest to attend to the sitting of the House, as early as 1751 this was a punishable offence.
It does sound like a very serious charge. As I say, I was not one of the members who was stopped but that perhaps was because my office is in the West Block and the demonstration was largely to the east of that area. For those who are familiar with the perimeter of the Hill, as all hon. members are but for the benefit of anyone else who is trying to identify what we are talking about, it was evident that it was more difficult to circulate a little east of here.
Surely it would have been normal for whatever police officers working outside, the RCMP, the Toronto police as it is alleged, and others to have been acquainted with the fact that the right of members of Parliament to come to Parliament is sacred and that no one should ever attempt to stop an MP from attending to his or her duties in Parliament.