Mr. Speaker, of course we on the government side have spent some time contemplating these very same questions, as they are matters of great import for this House. My concern is that in the point of privilege raised by my friend and his intention to ask in this House for an immediate suspension of the member, we are perhaps a bit premature.
The reason I state this is because the current state of the judicial proceedings in this matter is that the judge, Justice Lisa Cameron, pronounced her verdict in the Lindsay provincial court on Friday. A sentencing hearing has been scheduled for Friday, November 21. As those of us who are familiar with the law know, two of the alternatives on sentencing could theoretically give the member for Peterborough an absolute discharge or a conditional discharge.
Subsection 730(3) of the Criminal Code explains the effect of a discharge:
(3) Where a court directs under subsection (1) that an offender be discharged of an offence, the offender shall be deemed not to have been convicted of the offence [...]
Going back to section 502 of the Canada Elections Act, paragraph 1(c) states:
Every person is guilty of an offence that is an illegal practice who [...]
(c) being...a candidate...wilfully contravenes section 443....
I have skipped some irrelevant words there.
Subsection 3 provides that, “Any person who is convicted of having committed an offence that is an illegal practice...during the next five years...after the date of their being so convicted...”.
That relates to the disqualification. It would appear that a discharge would have the effect of negating the condition and precedent under the act for disqualification.
I have placed a new notice of our intention to raise a question of privilege today on this matter. I believe the approach that I would put forward provides an elegant solution to the challenge we have, that sentencing has not yet occurred and that this option exists. It would allow us to take an appropriate action at this time without acting in a way that would legally be premature.
For that reason, Mr. Speaker, I ask that you reserve on this and that you please hear my question of privilege that I would like to raise.