Selected Decisions of Speaker Peter Milliken 2001 - 2011

Parliamentary Privilege / Rights of Members

Freedom from obstruction, interference, intimidation and molestation: Members denied access to the Parliamentary Precinct during visit of the President of the United States; prima facie

Debates, p. 2137

Context

On December 1, 2004, Michel Guimond (Montmorency–Charlevoix–Haute-Côte-Nord) rose on a question of privilege alleging interference with the free movement of Members of Parliament within the Parliamentary Precinct during the visit of the President of the United States, George W. Bush. Mr. Guimond listed ways in which Members had been impeded in their duties during the President’s visit, including: being instructed not to use the hallways of Centre Block; being denied access to Centre Block and Parliament Hill; not having credentials recognized within the Parliamentary Precinct; and being addressed only in English by certain RCMP officers. Other Members also spoke to the matter.[1]

Resolution

The Speaker delivered his ruling immediately. Finding that there was a prima facie breach of privilege, and that the matter should be referred to the Standing Committee and Procedure and House Affairs, he invited Mr. Guimond to move the appropriate motion.

Decision of the Chair

The Speaker: The Chair does not need to hear any more on this point.

I am satisfied that the hon. Member for Montmorency–Charlevoix–Haute-Côte-Nord has raised a very valid and distinct question of privilege. I know full well that other hon. Members have had the same problem. I have heard the comments from all the hon. Members who participated in this discussion, the hon. Members for Glengarry–Prescott–Russell, Calgary Southeast, and Elmwood–Transcona.

I am satisfied that in my view this is a prima facie case and the matter ought to be referred to the Standing Committee on Procedure and House Affairs.

I am quite prepared to allow the hon. Member for Montmorency–Charlevoix–Haute-Côte-Nord to move his motion at this point.

The hon. Member for Montmorency–Charlevoix–Haute-Côte-Nord can move his motion.

Postscript

Mr. Guimond moved that the matter be referred to the Standing Committee on Procedure and House Affairs, and the motion was agreed to.[2] On December 15, 2004, the Committee deposited with the Clerk its Twenty-First Report. In it, the Committee concluded that the denial of access and significant delays experienced by Members of the House during the visit of the President of the United States had constituted a contempt of the House. It recommended that remedial action be taken by the various police and security forces concerned, that the Sergeant-at-Arms and RCMP report to the Committee outlining measures to ensure that the situation did not recur, and that the Speaker and the Board of Internal Economy enter into discussions with the Senate on merging security services.[3] The Report was concurred in on May 17, 2005.[4]

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[1] Debates, December 1, 2004, pp. 2134-7.

[2] Debates, December 1, 2004, p. 2137.

[3] Twenty-First Report of the Standing Committee on Procedure and House Affairs, presented to the House on December 15, 2004 (Journals, p. 366).

[4] Journals, May 17, 2005, pp. 764-65.

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