I am now ready to rule on the question of privilege raised on October 7, by the member for Thornhill concerning public access to Parliament Hill.
In her intervention, the member for Thornhill alleged that an officer of the Parliamentary Protective Service, PPS, prevented a member of the public from accessing the grounds of Parliament Hill, ostensibly because of his political ideology. This interaction was videorecorded and then posted to social media.
The member for Thornhill argued that the officer was applying some sort of political test by which a person would be barred from accessing the parliamentary precinct if they did not support a particular cause, in this case relating to Palestine.
The member contended that in similar circumstances, if a member of Parliament had refused to identify themselves as a “supporter of Palestine”, they would have also been barred from the Hill, constituting a breach of their right of access to the parliamentary precinct. She concluded by declaring that no member or individual should be denied access to the grounds of Parliament Hill because of the political views they hold. The issue should therefore be considered by the Standing Committee on Procedure and House Affairs.
The parliamentary secretary to the government House leader countered that no member of Parliament was impeded in accessing the precinct nor, in fact, involved in the incident. Therefore, there was no question of privilege. The member for New Westminster—Burnaby made a similar argument, pointing out that the fundamental right of access to the precinct free of obstruction is enjoyed by members of Parliament. It does not extend to members of the public.
The Chair will first address the member for Thornhill's assertions that members' privileges were breached because of the interaction that occurred between a PPS officer and an individual on October 5, 2024. The Chair will then provide members with some information on the administrative protocol for the use of Parliament Hill's front lawn by various groups for organized demonstrations and other types of events.
As stated in House of Commons Procedure and Practice, third edition, on page 110, and I quote, “In circumstances where Members claim to be physically obstructed, impeded, interfered with or intimidated in the performance of their parliamentary functions, the Speaker is apt to find that a prima facie breach of privilege has occurred.”
In those cases, there must be demonstrable evidence that a member, or the House collectively, was impeded in fulfilling their duties for a prima facie question of privilege to be found. House of Commons Procedure and Practice, third edition, on page 148, also states, “In deliberating upon a question of privilege, the Chair will take into account the extent to which the matter complained of infringed upon any Member's ability to perform his or her parliamentary functions or appears to be a contempt against the dignity of Parliament.”
Recently, in another ruling on September 23, 2024, which can be found at page 25726 of the Debates, the Chair stated, “The member must demonstrate, concretely, how they, or the House, were impeded in the discharge of their functions, and, most important, that evidence exists as to the material interference.”
To this I can add that any alleged breach of privilege that is being complained of must be an actual breach, not a hypothetical one. While members' freedom of access to the Hill is well documented in many precedents, none of these suggest that this privilege extends to public access to the Hill for demonstrations.
With these important principles in mind, the Chair examined the events of October 5, 2024. After reviewing the video on social media that captures a portion of the interaction and consulting the House security partners, the Chair cannot conclude that members were denied access to the parliamentary precinct, nor was the situation related to any proceeding of Parliament. This is therefore not a prima facie question of privilege.
Before concluding, the Chair would like to share with members some additional information about organized demonstrations and other types of events on the front lawn of Parliament Hill. By default, the grounds of Parliament Hill are open to the public. The front lawn is also accessible to those who wish to organize a demonstration to highlight a particular cause or political concern. We are all used to seeing demonstrations on the front lawn and in the vicinity of the precinct.
Decisions about the use of the grounds of Parliament Hill are made under the authority of the Committee on the Use of Parliament Hill. The committee is co-chaired by the House of Commons Sergeant-at-Arms and the Senate Director of Corporate Security, on behalf of their respective Speakers. Its membership also includes representatives of various government departments.
A key consideration for this group is to ensure that any use of the grounds remains peaceful and incident-free and to protect the safety of all visitors to the Hill and those who work in the precinct. I can assure all members that this protocol is entirely administrative and that no member of Parliament, nor the Speaker, is involved in the operation of this protocol.
Groups that want access to Parliament Hill for specific activities, such as holding a public demonstration, must first obtain authorization from the Committee on the Use of Parliament Hill. The committee reserves the right to change the conditions included in a public event permit. It can also cancel activities for security reasons, or even refuse permits on that basis.
On the day in question, a group of pro-Palestinian demonstrators had requested and received permission to organize an event. A space on the front lawn was designated for their demonstration, and the members of their group and sympathizers with their cause were directed to that space as they arrived.
Anyone present on the Hill that day could access the grounds. Pro-Palestinians demonstrators were directed to one area, while the general public and any counter-demonstrators were directed away from the grounds where the demonstration was taking place. Other parts of the front lawn and other parts of the precinct remained accessible to visitors.
To be clear, the events from that day followed well-established guidelines, which are in place to ensure the safety of everyone wishing access to Parliament Hill, including the demonstrators, any counter-demonstrators and the general public.
At no time was there any general directive to refuse access to the Hill on the basis of political views. The PPS followed its operational guidelines pertaining to the often challenging situations that they face daily. These guidelines are in place to preserve the safety and security of all people present on Parliament Hill.
I thank all members for their attention.