Before we resume debate, I am prepared to rule on the point of order raised earlier today by the Parliamentary Secretary to the Leader of the Government in the House of Commons concerning the applicability of the sub judice convention to the supply day motion proposed by the member for Beauséjour.
I would like to thank the hon. parliamentary secretary for raising this matter, as well as the hon. members for Charlottetown, Skeena—Bulkley Valley and Joliette for their interventions.
The Parliamentary Secretary to the Leader of the Government in the House of Commons argued that the motion as drafted contravened the sub judice convention and should be ruled out of order on that basis.
House of Commons Procedure and Practice, second edition, at page 100, makes reference to the Speaker’s discretion in the application of the sub judice convention:
In 1977, the First Report of the Special Committee on the Rights and Immunities of Members recommended that the imposition of the convention should be done with discretion and, when there was any doubt in the mind of the Chair, a presumption should exist in favour of allowing debate and against the application of the convention. Since the presentation of the report, Speakers have followed these guidelines while using discretion.
In addition, as hon. members are aware, over the years the Chair has given considerable latitude in the wording of supply day motions. House of Commons Procedure and Practice, at page 854, states:
The Standing Orders give Members a very wide scope in proposing opposition motions on supply days and, unless the motion is clearly and undoubtedly irregular (i.e., where the procedural aspect is not open to reasonable argument), the Chair does not intervene.
This may explain why there are examples of this kind of motion coming before the House in the past, notably one proposed by the then member for MacLeod, Mr. Grant Hill, on February 16, 2004, and another proposed by the hon. member for Laurier—Sainte-Marie on April 14, 2005. Both motions were proposed after the government of the day had established a public inquiry to look into the matters referred to in the motions.
Nevertheless, with these procedural principles in mind, the Chair has carefully reviewed the motion currently being debated, with particular attention to how it relates to court proceedings to determine whether the sub judice convention ought to apply.
There are two kinds of court proceedings at issue. First, in terms of the civil aspect of the matter, a unanimous court decision has been rendered. At this hour, no appeal has been filed. Until further steps are taken on that aspect of the question, there is no possible application of the sub judice convention at this time.
With regard to the reference to criminal charges filed against certain individuals, a close reading of the motion reveals that they are properly referred to as “individuals facing charges”. The motion does not comment on their guilt or innocence. The question of whether persons charged should be able to continue to hold positions in government or a political party, which is the point addressed by the motion, is not covered by the sub judice convention.
That being said, out of an abundance of caution, the ordinary practice of the House in respect of matters which may be sub judice has been for the Speaker not to stop debate, but rather to caution members in their choice of wording. Along with a number of my predecessors, I have frequently advised the House to proceed judiciously when debating matters that are, or might be, sub judice.
In addition, the wording of the motion before us contains the key words “in the opinion of this House”. If adopted, it would serve merely as an expression of the opinion of the House rather than compel the government to take any action. It is also important to note that the motion is general in nature, lacking in specifics about related proceedings.
For these reasons, I have been prepared to allow the debate on the supply day motion to proceed and I rule that it can continue to the expiry of the time provided for the debate, at which time the question can be put.