I am now prepared to rule on the question of privilege raised on November 3, 2009 by the hon. member for Sackville—Eastern Shore concerning the mailing of a ten percenter to some of his constituents by the hon. member for Saskatoon—Wanuskewin. The mailing was critical of the voting record of the member for Sackville—Eastern Shore on the issue of the long-gun registry.
I would like to thank the hon. member for raising this matter and providing the Chair with a copy of the material in question, as well as the member for Saskatoon—Wanuskewin for his contribution on the issue.
In presenting his case, the member for Sackville—Eastern Shore claimed that the member for Saskatoon—Wanuskewin had sent a mailing to some of the constituents of Sackville—Eastern Shore that contained information that was factually wrong regarding his position on the long-gun registry as well as on his voting record on this matter. He accused the member for Saskatoon—Wanuskewin of deliberately misleading his constituents and impugning his reputation on the work that he had done on legislation regarding the long-gun registry.
In his comments, the hon. member for Saskatoon—Wanuskewin obliquely acknowledged, without apologizing, that he had made an error and that the ten percenter in question was incorrect in reference to the member for Sackville—Eastern Shore. The member for Saskatoon—Wanuskewin then thanked the hon. member for his long-standing opposition to the long-gun registry.
The situation before us today is analogous to one in 2005 in which a similar mailing was sent to the constituency of the hon. member for Windsor West. That mailing had the effect of distorting the member’s voting record, again on the gun registry and thereby misinforming his constituents. In finding a prima facie case of privilege, on April 18, 2005, Debates, page 5215, I stated:
This may well have affected his ability to function as a member and may have had the effect of unjustly damaging his reputation with voters in his riding.
The 38th report of the Standing Committee on Procedure and House Affairs tabled on May 11, 2005, on the same matter concurred in that view.
Again, I quote:
[The member for Windsor West] noted that he had received complaints from constituents as a result of the mailing. By unjustly damaging his reputation with voters in his riding, it thereby impairs his ability to function as a member.
Having reviewed the material submitted, as well as the arguments made, the Chair can only conclude that the mailing sent to the constituents of Sackville—Eastern Shore did distort their member's true position on the long-gun registry and, at the very least, had the potential to create confusion in their minds.
It may also have had the effect of unjustly damaging his reputation and his credibility with the voters of his riding and, as such, infringing on his privileges by affecting his ability to function as a member.
Accordingly, I find that a prima facie case of privilege does exist and I invite the hon. member for Sackville—Eastern Shore to move his motion now.