During debate this morning the hon. member for Provencher rose to object to remarks made earlier by the hon. member for Kitchener--Waterloo and I undertook to return to the House. I have now had an opportunity to review the blues and wish to make a brief comment on the exchange.
Let me refer hon. members to page 534 of Marleau and Montpetit concerning the sub judice convention:
The sub judice convention is first and foremost a voluntary restraint [the emphasis is mine on voluntary restraint] on the part of the House to protect [a]...party to a court action or judicial inquiry, from suffering any prejudicial effect from public discussion of the issue. Secondly, the convention also exists, as Speaker Fraser noted, “to maintain a separation and mutual respect between legislative and judicial branches of government”. Thus, the perception and reality of the independence of the judiciary must be jealously guarded.
I believe that both hon. members have made their positions clear and the Chair need take the matter no further.
I do caution members to be judicious in their comments, however passionately they may believe in the differing positions they hold on issues.