I am now prepared to rule on the question of privilege raised on March 23, 2017, by the House leader of the official opposition regarding an alleged intimidation in the chamber by the Minister of Indigenous and Northern Affairs on March 22, 2017.
I would like to thank the House leader of the official opposition for having raised this matter, as well as the Minister of Indigenous and Northern Affairs, the member for Chilliwack—Hope, the member for Calgary Nose Hill, the member for Victoria, and the member for Flamborough—Glanbrook for their comments.
In her arguments, the opposition House leader stated that on March 22, after she had moved a motion to proceed to orders of the day, the Minister of Indigenous and Northern Affairs approached her in a manner she considered to be aggressive.
In response, the Minister of Indigenous and Northern Affairs admitted that she had crossed the floor, simply in order to point out to the opposition House leader the presence in the gallery of two particular visitors. Additionally, she apologized for the tone she had used.
To be clear, the Chair considers physical intimidation to be a most serious charge. As Speaker, I firmly believe that all members have the right to execute their parliamentary responsibilities, be it in the chamber or elsewhere, free from intimidation. It is from that standpoint that I have reviewed carefully this matter, including the video of March 22, 2017.
As with any claim of a breach of privilege, including one founded on an allegation of a member being intimidated, the Chair must assess if the member was impeded in the performance of his or her parliamentary duties.
As Speaker Bosley noted on May 1, 1986, at page 12847 of Debates:
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.
Based on a review of the video, it is clear that the minister crossed the floor to the opposition House leader's seat and can be seen pointing to the gallery. She appears to be animated. The comments of the minister in that regard indicate that she regrets and apologizes for the tone she used in that incident. What is not clear to the Chair is how the opposition House leader was impeded in the performance of her duties. As honourable members know, this is a key factor in any determination of a prima facie question of privilege of this nature.
As the second edition of House of Commons Procedure and Practice points out at page 109:
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....
Given the procedural jurisprudence available to me, and in view of the particular circumstances of this case, I cannot conclude that there has been a prima facie breach of privilege.
Needless to say, all members are aware of the importance of professional and courteous behaviour at all times. Despite the varying views on issues which we espouse in this chamber, even vehemently at times, we are, at a minimum, colleagues who deserve the utmost respect from each other.
I remind members that this applies even during times of procedural tension.
I thank hon. members for their attention.