Before proceeding to orders of the day, I would like to advise the House that I have received the following communication:
"Dear Mr. Speaker: I would like to inform you and through you, the Legislative Assembly, that I have decided to resign my seat as a Member of the Legislative Assembly for the electoral district of Aivilik effective immediately.
In making this decision, I considered it in the best interests of my constituents, who I thank from the bottom of my heart for giving me the opportunity of endeavouring to represent them. I also made this decision for the well-being of myself and my family, and I trust and pray that I will now be able to return to being a good husband and member of my community.
It has been an honour and a privilege to serve as a Member of the Legislative Assembly. Respectfully, James Arvaluk, MLA, Aivilik"
In accordance with section 8(2), I have forwarded the resignation statement and affidavit to Her Honour, the Commissioner.
I would like to provide my ruling on the point of privilege raised by the honourable Member for Thebacha, Mrs. Marie-Jewell, on Wednesday, February 15, 1995.
Speaker's Ruling
In reviewing the unedited Hansard, the Member for Thebacha raised two points that she felt were of sufficient importance as to be impeding her ability to serve her constituents. The two points raised by the Member are contained on pages 220, 221 and 222 of unedited Hansard. The first point raised, and I quote from page 221 of unedited Hansard:
"First, I feel, as an elected Member, the filing of a lawsuit against me results in my inability to discuss this matter, to express it in plain language. The bottom line is the effect may be to keep me quiet as a result of this sub judice convention."
The Member for Thebacha's second point is contained on page 222, and I quote:
"My point of privilege as an elected Member, I feel, is my fundamental freedom of speech to speak out on behalf of the interests of my constituents has been impeded upon as a result of the lawsuit filed by Mr. Morin. The possible effect of this lawsuit is that I could be constrained from speaking vigorously, as I have in the past, on behalf of my constituents of Thebacha on other issues lest I again be faced with another lawsuit."
The points and questions the honourable Member put to the chair would require me to rule on a hypothetical situation which, by tradition, the Speaker does not do. Also, if at this time I made comments on the question of the Public Commission of Inquiry or on any court proceedings, I would be, as indicated earlier, addressing a situation that is hypothetical as no proceedings have occurred in this chamber that could potentially infringe on any Members' rights.
I have carefully considered the two points of privilege and find that the Member for Thebacha, Mrs. Marie-Jewell, does not have a prima facie question of privilege as there has, as yet, been no limitation on her right to speak in the Legislative Assembly.
I would like to point out that the chair's responsibility is to maintain order and decorum in the chamber and to protect all Members' privileges including freedom of speech and enforcing rules and practices of the sub judice convention. I would also like to caution Members that freedom of speech does have limits, and I quote from Beauchesne's 6th edition, section 77:
"Freedom of speech does not mean that Members have an unlimited or unrestrained right to speak on every issue. The rules of the House impose limits on the participation of Members and it is the duty of the Speaker to restrain those who abuse the rules."
As I have indicated, there have been no proceedings within this chamber that would give rise to a point of privilege. Mahsi cho.
Item 2, budget address. Mr. Pollard.
---Applause