Privilege / Committee Reports

April 22, 1985

Debates pp. 3968-9

On April 15, 1985, Mr. Hawkes (Calgary West) rose on a question of privilege concerning the publication in the press of a report of the Standing Committee on Labour, Employment and Immigration prior to its being tabled in the House. He argued that there was a well-established understanding among Members, and with the press, that committee reports are to be treated as confidential prior to their presentation in the House. Citing Beauchesne, Mr. Hawkes claimed that the newspapers in question had, in violating orders of the Committee concerning the confidentiality of its proceedings, committed a contempt of the House. The Speaker heard further argument and reserved his decision.

Issue

Does the publication of a committee report prior to its presentation in the House constitute a prima facie question of privilege?

Decision

No. There is no prima facie question of privilege in this instance.

Reasons given by the Speaker

If the traditional criteria are rigidly applied, premature disclosure of committee reports and proceedings undoubtedly encroaches upon parliamentary privilege. The Speaker stated, however, that Canadian practice has always leaned towards freedom of the press, and he cited several precedents which supported this position. The Speaker noted that his ruling should not, however, be interpreted as a carte blanche exoneration of the press in every case where confidential reports are prematurely disclosed.

Sources cited

Debates, October 30, 1964, pp. 9595-6; October 22, 1975, pp. 8451-2; June 23, 1977, pp. 7043-7.

May, 20th ed., pp. 704-5, 716-7.