Mr. Speaker, I would ask for your indulgence for more time than that. I do think questions of parliamentary privilege filed under Standing Order 48(2) would trump members' statements.
Parliamentary privilege, as you know, Mr. Speaker, is both individual and collective. My parliamentary privilege as a member of Parliament and as the shadow minister for foreign affairs has been breached, as has the collective parliamentary privilege of every member of the House of Commons to deliberate, debate and legislate in accordance with their parliamentary function, in accordance with what their constituents sent them to Ottawa to do.
These have been tiring days. There is lots of stress on both sides, but I would implore the Liberal members to remember that they are sent as individual members to Parliament to represent their constituents, not to represent the Prime Minister's Office. My privilege and the collective privilege of this chamber have been impeded in debate, in committee inquiry, in question period responses and in voting, so it is an extensive breach of parliamentary privilege.
I would remind the Chair and the House that this privilege is absolute, going back to 1689 and to our Constitution Act of 1867. In fact, solicitor-client privilege, which has been the subject of discussion in recent weeks in relation to the member for Vancouver Granville, is superseded by parliamentary privilege. That has been considered and is a precedent of that Chair. In fact, the April 27, 2010, a decision by Speaker Milliken said:
It is the view of the Chair that accepting an unconditional authority of the executive to censor the information provided to Parliament would in fact jeopardize the very separation of powers that is purported to lie at the heart of our parliamentary system and the independence of its constituent parts.
That was Speaker Milliken saying that national security, confidentiality at the highest levels, cannot stand in the way of any member of Parliament in this chamber exercising his or her privilege as a member. That was recently reaffirmed in Westminster with the decision in the matter of Lord Hain in 2018, in which public interest and parliamentary privilege superseded court injunctions.
Therefore, it is fundamental that solicitor-client privilege is secondary to parliamentary privilege, and I would note that Justice Lamer, as he then was, in the Descôteaux decision of the Supreme Court of Canada, confirmed this. There is the legal ability under law to insert itself into the solicitor-client confidentiality relationship.
That is important to understand, because certainly the member for Vancouver Granville, as a lawyer, takes that responsibility seriously.
What we can take from the decision of Justice Lamer is that the law gives authority to intercede into solicitor-client privilege and that it should be done narrowly. In his words, it should be done “only if doing so is absolutely necessary to achieve the ends sought by the enabling legislation.”
In this case, the enabling legislation is our Constitution. My parliamentary privilege and our collective parliamentary privilege is impeded by the executive's, the Prime Minister's Office's, persistence in limiting the waiver of privilege. The member for Vancouver Granville wants to speak further. The Prime Minister is not allowing her, but this Parliament can allow her. I would remind members that I have seen some of her own colleagues criticizing her.
I would ask for your indulgence, Mr. Speaker, for two more minutes of my presentation.
The Law Society of Ontario Rules of Professional Conduct recognizes that privilege—