Mr. Speaker, I read a report today that a Supreme Court vacancy may be filled before the federal election.
Order in Council appointments, on my reading of our conventions, should not be made when there is a question of confidence by the House in the government.
I would refer you, Mr. Speaker, to Pierre Trudeau's minority government in the 1970s when he was advised by the Privy Council Office that during the period of time when there was a question of confidence in his government that had not been settled definitively by the House that he not make order in council appointments.
However I also noted in the report today that the justice minister spokesperson said that the government not only had the legal right to do so when there was a question of confidence but that it had the legal right to appoint a Supreme Court judge during the election period.
I believe that clearly there is a question of confidence in the government today and certainly by next week there will be a question of confidence in the government and we will likely be into an election period. Therefore, Mr. Speaker, I would ask that you consider this a point of privilege in the House that order in council appointments not be made during this time and especially not during the election period.