Thank you, Mr. Chairman. My understanding of the question is if the Member is found guilty but not convicted --in other words, a discharge is granted on some basis --would the Member lose his or her seat. No, the Member would not lose their seat automatically under these provisions. If it's an offence prosecuted by indictment, there would be no automatic loss of eligibility. Similarly, there would be no need to inquire into the circumstances of the offence under the subsection 6.1.(2), but an investigation could proceed under section 6.2 and the Legislative Assembly could exercise its discretion to discipline the Member and expel them from the House.
Acting Law Clerk (Ms. Stewart) on Committee Motion 59-12(7): To Amend Clause 2 Of Bill 32, Defeated
In the Legislative Assembly on June 12th, 1995. See this statement in context.
Committee Motion 59-12(7): To Amend Clause 2 Of Bill 32, Defeated
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
June 11th, 1995
Page 1269
Acting Law Clerk Ms. Stewart
See context to find out what was said next.