Thank you, Mr. Speaker. Mr. Speaker, I rise today on a point of personal privilege to correct what I believe are some misconceptions about the rules which I can appreciate must be mysterious to many members of the public who do not work with these rules on a day-to-day basis.
In particular, I refer to an editorial published in the October 4, 2006, Hub newspaper that included the phrase "conventions that conveniently give politicians an easy ride in reference to the sub judice rule that requires Members to refrain from discussing matters that are before the courts."
As I understand it, the sub judice convention is a voluntary restraint that Members have agreed to place on their freedom of speech for two very important reasons. The first is to avoid any interference or perception of interference with the independence of the courts. In Canada, the separation of the judicial branch from the executive and legislative branches is a cornerstone of our democracy which, although we often take it for granted, is the envy of many of our fellow Commonwealth countries who are struggling to create free and political and legal systems.
The independence of the judicial branch creates an expectation that politicians will not attempt to influence or even appear to attempt to influence the courts' decision-making.
The second reason for the sub judice rule is to protect the rights of parties to a fair trial free from prejudice that may arise as a result of public debate on the issues before the judge. Here I briefly quote your predecessor, Mr. Speaker, the former Speaker Michael Ballantyne who said in this matter: "In these circumstances, a Member's freedom of speech must give way to the importance of preserving the independence of the decision-making process. It is not enough for justice to be done; it must also appear to be done."
Mr. Speaker, I hope that my comments today will help shed some light on the purpose of the sub judice convention. More over, I hope that they affirm that we must take our rules and these important principles, particularly, that underly them very, very seriously. Thank you, Mr. Speaker.