Mr. Speaker, I have four points I would like to make, but ultimately, as you know, this is something that is in your hands and for you to judge.
Mr. Speaker, I want to cite a number of items from House of Commons Procedure and Practice to help round off the decision that you will have to make in this. It is fair to say that all of us, all parties here, all members of Parliament, share the concern about the human rights abuses that are taking place in Russia, and an unprovoked military invasion of the Crimea. It is fair to say that we all have great concerns about the response from the Russian government, which was entirely inappropriate. Rather than wanting to sit down, discuss, and resolve the issues, it seems to be notching up hostilities.
As far as the question of privilege is concerned, as you know, Mr. Speaker, it is your responsibility to act as the guardian of the rights and privileges of the members, and the House as an institution. When we look at House of Commons Procedure and Practice, second edition, it is quite clear, on page 111, about the obstruction and intimidation of members of Parliament. I will quote this for your records, as part of your decision process:
A Member may also be obstructed or interfered with in the performance of his or her parliamentary functions by non-physical means. In ruling on such matters, the Speaker examines the effect the incident or event had on the Member's ability to fulfill his or her parliamentary responsibilities. If, in the Speaker's view, the Member was not obstructed in the performance of his or her parliamentary duties and functions, then a prima facie breach of privilege cannot be found.
Speakers have consistently upheld the right of the House to the services of its members free from intimidation, obstruction, and interference. Speaker Lamoureux, one of your predecessors, Mr. Speaker, stated in a 1973 ruling that he had “no hesitation in reaffirming the principle that parliamentary privilege includes the right of a member to discharge his responsibilities as a member of the House free from threats or attempts at intimidation”.
Speaker Bosley, another predecessor, noted the following in a ruling on May 1, 1986:
If an Hon. Member is impeded or obstructed in the performance of his or her parliamentary duties through threats, intimidation, bribery attempts or other improper behaviour, such a case would fall within the limits of parliamentary privilege. Should an Hon. Member be able to say that something has happened which prevented him or her from performing functions, that he or she has been threatened, intimidated, or in any way unduly influenced, there would be a case for the Chair to consider.
Ruling on another question of privilege, again, Speaker Bosley further stated, “the threat or attempt at intimidation cannot be hypothetical, but must be real or have occurred”.
If we agree that the motivation and intention behind the sanctions of the Russian Federation were indeed to intimidate all parliamentarians, then I believe this would be something that should be considered by the Speaker, but the link then needs to be made between the sanctions and the discharge of MPs' duties
Finally, a ruling was handed down earlier this year under your auspices, Mr. Speaker, on January 28, 2014, regarding the way in which Senator Dagenais rather maliciously lashed out against the member for Terrebonne—Blainville. The Speaker did not find a prima facie beach of privilege had occurred because the direct link could not be established between the disrespectful and hostile letter that Senator Dagenais had sent publicly to the member for Terrebonne—Blainville on her parliamentary functions.
You will recall, Mr. Speaker, that you referenced page 109 of House of Commons Procedure and Practice, second edition, which states:
In order to find a prima facie breach of privilege, the Speaker must be satisfied that there is evidence to support the Member's claim that he or she has been impeded in the performance of his or her parliamentary functions and that the matter is directly related to a proceeding in Parliament. In some cases where prima facie privilege has not been found, the rulings have focused on whether or not the parliamentary functions of the Member were directly involved.
In conclusion, we all are concerned about the actions of the Russian Federation. We support the members of Parliament and members of the civil society who are the targets of these sanctions. We give only cautious support to the notion that this is a question of privilege because that is in your hands, Mr. Speaker. You have heard from the various sides of the House as to whether this does indeed constitute a question of privilege.