Thank you, Mr. Miltenberger. Bonjour, mon colleagues.
Speaker's Ruling
Prior to proceeding with the orders of the day, I would like to provide the House with my ruling on the point of privilege raised by the Member for Range Lake, Ms. Lee, on Friday, March 2nd.
Upon review of pages 2788 through to page 2790 of unedited Hansard, the Member for Range Lake, Ms. Lee, raised first a point of order then a point of privilege. At the time I ruled that Ms. Lee did not have a point of order and reserved my decision on the point of privilege.
Before giving the House my ruling on the point of privilege, I think it is important to remind the House of what is a point of order and what constitutes a point of privilege.
A point of order is a question raised by a Member who believes that the rules or customary procedures of the House have been incorrectly applied or overlooked during the proceedings. Members may rise on points of order to bring to the attention of the Speaker, or if in committee of the whole, the chairperson, to any breach of the rules, unparliamentary remarks, or a lack of a quorum. Members are able, virtually at any time in the proceedings, to rise on a point of order, provided the point of order is raised and concisely argued as soon as the irregularity occurs. Points of order must be raised promptly and before the question has passed to a stage at which the objections would be out of place.
To assist Members, I would like to give some examples of what is the incorrect use of a point of order. It is not correct to use a point of order:
- As the basis for a further point of order;
- To gain the floor to participate in debate;
- To direct a question to the Member speaking;
- For a Member who has already spoken to clarify a part of his or her speech which has been misquoted or misunderstood;
- To dispute the accuracy of facts stated in debate;
- To move a motion; or
- To request the Speaker to rule in anticipation or on a hypothetical matter.
A point of order concerns the interpretation of the rules of procedure; it is the responsibility of the Speaker to determine its merits and to resolve the issue.
Once again upon reviewing the unedited Hansard on pages 2782 and 2788, I confirm my ruling that Ms. Lee, the Member for Range Lake, did not have a point of order.
To the point of privilege raised immediately after my ruling on the point of order, Ms. Lee indicated that the comments of the Minister of Finance, the Honourable Joe Handley, in replying to Ms. Lee's question, were a breach of privilege. I quote from page 2789 of unedited Hansard:
"That anything that happens in this House somehow infringes and interferes with her ability to do her job as an MLA."
I heard debate on the point of privilege and the Members for Mackenzie Delta, Yellowknife South and Weledeh all spoke to the point of privilege.
The Chair feels that it is important to once again put on the record what are the privileges of the Members individually and the Legislative Assembly collectively. The individual privileges of Members are absolutely necessary for the due execution of its powers.
Improper interference with the personal rights of Members individually, or with the corporate rights of a Legislature collectively, may constitute a breach of privilege.
Among the principal privileges of a Legislature are:
- • Freedom of speech;
- • Freedom from arrest;
- • The power to discipline;
- • The right to have the attendance and service of Members; and
- • The right to regulate its internal affairs.
Contempt of parliament is closely related to, and is dealt with, as a matter of privilege. Contempts, while not breaches of specific privileges, are offenses against the authority or dignity of a legislature. Any act or omission which obstructs or impedes a Legislature in the performance of its functions, or which obstructs or impedes any Member or officer of a legislature in the performance of his/her duty or which has a tendency to produce such a result, may be treated as contempt even through there is no precedent for the offense.
A true question of privilege should arise in the Assembly infrequently. To constitute a breach of "privilege", generally there must be some improper obstruction to the Member in performing his or her parliamentary work in either a direct or constructive way, as opposed to mere expressions of public opinion or criticism of the activities of the Members.
Matters frequently raised as matters of privilege which in fact are not matters of privilege, include:
- • Points of order;
- • Disputes between two Members about questions of fact stated in debate;
- • The failure of a Minister of the Crown to answer a question; or
- • Statements made outside the House by a Member.
Members should note that parliamentary privilege is concerned with the special rights of Members strictly in their capacity as Members in their legislative work.
The Speaker's role when the matter of privilege is raised is to satisfy himself or herself whether or not:
- a) The matter is being raised at the earliest opportunity; and
- b) Sufficient evidence of the alleged breach of privileges of the House has been presented to warrant giving the matter precedence over all other business then before the House;
And having done so, to rule whether or not debate may proceed.
Only the House itself, by consideration of a motion on the matter, has the authority to decide whether or not a breach of privilege has occurred.
I apologize for this lengthy ruling, but I felt it was important, as I said, to place on the record the elements and importance of points of order and privilege. I rule that there is not a prima facie case for a point of privilege as alleged by the Member for Range Lake.
If I may also express a concern of the Chair, it is that points of order or privilege raised during question period do tend to take up the time allotted for questions and answers. The House may wish to consider, as in other jurisdictions, that points of order occurring during question period are permitted to be raised upon conclusion of question period. I will leave that matter for the House to determine through the appropriate avenue of the Standing Committee on Rules and Procedures. Thank you for your attention to this matter.
Déclarations de ministre. Item 2, Ministers' statements. The honourable Member for Weledeh, Mr. Handley.