Privilege

Bill C-40, Strengthening Canada's Defence Sector Act · Question of privilege · now at committee in the House Where it stands

The debate was on a question of privilege concerning a defence-sector bill, whose details were reported in the media before members had seen the text. Don Davies of the NDP supported the Conservative House leader’s privilege claim, saying MPs must see bill details before the press does and asking the Speaker to rule that the leak violated members’ rights and to direct the government to stop such leaks.Written by AI from the debate. Updated .

Official text (opens in a new tab)

1 statement

Don Davies, Vancouver Kingsway

NDP
“Members of Parliament must see the details of new bills before the media does. The government leaked details of this defence bill to reporters first. I want you to rule that this violates our rights and tell the government to stop doing it.”
Official Hansard

Mr. Speaker, I am rising to add my voice in support of the question of privilege raised by the hon. House leader from the official opposition on Tuesday evening. As members know, it is a well-established principle of this place that while government has the right, the ability and, in many cases, the obligation to speak to the public and to consult on potential legislation before it is introduced, once a bill is placed on the Order Paper it becomes a matter for Parliament. That is why Speakers have consistently ruled that premature disclosure of a bill on notice can constitute a breach of the collective rights and privileges of the House and its members, specifically our fundamental right to be informed first about government legislation. Various Speakers have ruled on this matter, finding that disclosure of even partial elements of legislation can constitute a violation and ultimately is a prima facie breach of privilege. We heard on Tuesday evening a very compelling argument from the member for Regina—Qu’Appelle that there were details about Bill C-40 published in media reports, based on unnamed sources, that were neither known prior to the bill being placed on notice nor related to the title of the bill, as found on the Order Paper. Unfortunately, we are seeing a concerning pattern from the Liberal government. Over the last year, there have been repeated leaks from so-called unauthorized sources to journalists in a clear attempt to shape public discourse. This is sharp practice, somewhat devious but, arguably, not prohibited. However, when this happens after a bill has been placed on the Order Paper but before parliamentarians have had the opportunity to look at it, this becomes an objectionable attempt to breach the privileges of members and avoid the proper oversight Canadians expect from this House. This is a concerning pattern that, we respectfully submit, must be stopped. It demonstrates a disrespect for our democratic institution, and we believe a clear message must be sent to the government that end-running Parliament in this manner is unacceptable and will not be tolerated. We submit that it is vitally important that members of Parliament assert our fundamental rights to receive details about legislation prior to members of the media. Respectfully, Mr. Speaker, we ask that you uphold this fundamental parliamentary privilege.

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