I am now ready to rule on the points of order raised on September 18 by the member for Saanich—Gulf Islands and September 19 by the member for New Westminster─Burnaby concerning disrespectful or offensive remarks. At the same time, the Chair will offer some comments on certain actions taken during the second of these sittings, as promised on Monday.
Referring to statements made during question period on September 18, the member for Saanich—Gulf Islands asked the Chair to review the use of what she termed offensive nicknames for Canadians who are not members of the House. She suggested that this name-calling may have breached Standing Order 11(2). The member for New Westminster─Burnaby called the Chair’s attention to the enforcement of Standing Order 18, arguing that the leader of the official opposition had broken the rules by making disrespectful and offensive remarks about the members for Beloeil—Chambly and Burnaby South, as well as other members.
I will begin with the point of order raised by the member for Saanich—Gulf Islands. In this case, I must point out that Standing Orders 11 and 18 do not apply to comments directed at members of the public, but this fact should not be taken as permission to say whatever one wants about Canadians who are not elected officials—quite the contrary. In exercising their freedom of speech, members must show restraint in order to maintain a degree of civility in our debates.
As stated in House of Commons Procedure and Practice, third edition, at page 622, and I quote:
Members are discouraged from referring by name to persons who are not Members of Parliament and who do not enjoy parliamentary immunity, except in extraordinary circumstances when the national interest calls for this. The Speaker has ruled that Members have a responsibility to protect the innocent not only from outright slander, but from any slur directly or indirectly implied, and has suggested that Members avoid as much as possible mentioning by name people from outside the House who are unable to reply in their own defence.
However, in practice, members quite often refer to ordinary individuals in their statements, not always to praise them. For example, the names of provincial politicians, prominent persons and other public figures are regularly mentioned without causing controversy. Furthermore, members are always required to choose their words carefully when they are discussing matters pertaining to individuals who do not have an opportunity to respond to their criticisms.
As for the individual the member for Saanich—Gulf Islands referenced in her point of order, he is quite plainly a public figure engaged in political and partisan debates. We should not be surprised that he is the subject of comment or criticism regarding past decisions or positions. So long as the tone and wording of members’ comments remain sufficiently respectful, the Chair will refrain from intervening.
While Standing Order 18 does not apply to ordinary individuals, it is quite relevant when members comment on their colleagues. Standing Order 18 states, and I quote: “No member shall...use offensive words against either House, or against any member thereof”.
The Chair rose on September 19 to remind members of the purpose of question period. The Chair remains very concerned about the sequence of events that took place at that time, as well as the tendency in recent days to use overly personal criticism and insults. This tendency has been seen on both sides of the House.
As indicated on page 624 of House of Commons Procedure and Practice, third edition:
In dealing with unparliamentary language, the Speaker takes into account the tone, manner and intention of the Member speaking, the person to whom the words at issue were directed, the degree of provocation, and most important, whether or not the remarks created disorder in the Chamber. Thus, language deemed unparliamentary one day may not necessarily be deemed unparliamentary on another day.... Expressions which are considered unparliamentary when applied to an individual Member have not always been considered so when applied “in a generic sense” or to a party.
The remarks made that day by the Leader of the Opposition spawned disorder. They targeted one individual in particular, and they were excessively scornful and personal. It seems to me equally clear that, in response to such criticisms, it is unacceptable for a member to leave their seat and move toward another member. In the House, we resolve our disagreements with words, not with physical acts of this nature.
On Monday, the House unanimously took the same stance by urging “all its members to behave with civic-mindedness and respect towards their colleagues, in order to allow a truly constructive debate, in the interests of democracy and the common good.”
After last Thursday's sitting, the Chair reached out to the leader of the official opposition and the member for Burnaby South. The Chair offered them the opportunity to make amends. The member for Burnaby South did so, and he informed the Chair that he will act differently in the future. I am grateful for his commitment.
The Chair has yet to receive such an indication from the leader of the official opposition. I indicated that, failing to hear from him, I would request a formal withdrawal of his comments; otherwise the Chair would remove some questions during question period today. Party leaders have a heightened responsibility to be role models. Vigorous debate and even profound disagreement are possible without resorting to such comments or actions.
The Chair therefore invites members to be more judicious in their choice of words and behaviour. If they are not, the Chair will have no choice but to discipline those members who persist in their unparliamentary behaviour.
I thank all members for their attention.