Mr. Speaker, I will just offer a few preliminary thoughts and will in all likelihood return perhaps with more to say.
The first point I would make is that the matter of this question of a response says that we will not comment on matters before the courts. That is actually simply a restatement of the sub judice convention, which does apply in this case. In the arguments that my friend just made, he made specific reference to Mr. Duffy in the question of his residence. As I think all of us are aware from media reports, the question of Mr. Duffy's residence has been said by the prosecutor in that matter to be central to the case that he is making. We also understand from those media reports that there has been evidence led in that regard, so there can be no question but that it is an issue that is before the court in a criminal proceeding.
O'Brien and Bosc House of Commons Procedure and Practice, at page 504, sub judice convention is summarized as follows:
Over the years, a practice has developed in the House whereby Members are expected to refrain from discussing matters before the courts, or under judicial consideration, in order to protect those involved in a court action or judicial inquiry against any undue influence through the discussion of the case. This practice is referred to as the sub judice convention and it applies to debate, statements and Question Period. It is deemed improper for a Member, in posing a question, or a Minister in responding to a question, to comment on any matter that is sub judice.
There is a footnote to the reference of question period. Footnote 80 says “It also applies to written questions and their responses”. That is exactly the case here.
From that perspective, the response that has been provided to the question on the order paper is the proper response in the case of a matter like this. It is no secret what issue the member is getting at. He referred to Mr. Duffy, in fact, in the argument just made. That is exactly his concern.
Further, at page 505, O'Brien and Bosc says the following:
Although Members...customarily observe the convention during Question Period, the Speaker has ruled out of order questions concerning criminal cases, noting that the Chair has a duty to balance the legitimate right of the House with the rights and interests of an ordinary citizen undergoing a trial.
That states quite clearly and strongly that the convention would apply here.
I might also further go on to the question of the response, if he does not accept the sub judice convention, and I certainly think that is sufficient, and that is the question about the Speaker even reviewing such responses.
At page 522, O'Brien and Bosc says the following:
There are no provisions in the rules for the Speaker to review government responses to questions. Nonetheless, on several occasions, Members have raised questions of privilege in the House regarding the accuracy of information contained in responses to written questions; in none of these cases was the matter found to be of a prima facie breach of privilege.
It goes on also to say:
The Speaker has ruled that it is not the role of the Chair to determine whether or not the contents of documents tabled in the House are accurate nor to “assess the likelihood of an Hon. Member knowing whether the facts contained in a document are correct”.
Furthermore, to heighten the explanation of that, on the role of the Speaker in reviewing the adequacy of answers, whether it be in question period or on order paper questions, at footnote 221, it indicates:
The Speaker has also suggested that if the Member is not satisfied with the response, the Member could resubmit the question for placement on the Order Paper...or ask that the question be transferred to debate under the Adjournment Proceedings...
Therefore, there are other avenues available to the hon. member. However, I would submit to you, Mr. Speaker, that we do not need to deal with that second set of questions because, very directly, the sub judice convention does apply. I may wish to come back for more submissions later.