Proceedings of the Standing Senate Committee on
Banking, Trade and Commerce

Issue 4 - Order of Reference

Extract from the Journals of the Senate, Thursday, May 29, 2008:

Pursuant to rule 18(3), the Senate resumed consideration of the question of privilege of the question of privilege of the Honourable Senator Comeau concerning the proceedings of the May 26, 2008 meeting of the Standing Senate Committee on National Security and Defence, and in particular, the committee's adoption of a draft report that was available to Senators in only one of Canada's two official languages.

Debate.

SPEAKER'S RULING

Honourable Senators, I thank all who have participated in the debate on whether a prima facie case of privilege has been made. While the Chair is tempted to accept the invitation of Senator Baker, I will exercise discipline and not go down that avenue based on the tradition that the Speaker of the Senate does not engage in judgments of constitutional law.

However, I will give now my ruling on the question of whether a prima facie case of privilege has been made out. I wish to always err in allowing members of the Senate their rights to engage fully in debate in either official language of our country. It is not only the tradition of this House but it is also solidly based on the law of Canada, including parliamentary law. I arrive at the conclusion that a prima facie case, which is all I have to deal with, has been made out. That is my finding and I leave the disposition of the matter of privilege to the House. Senator Comeau has indicated that he will have a motion to make.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk:

That this question of privilege be referred to the Standing Committee on Rules, Procedures, and the Rights of Parliament for study and report.

The question being put on the motion, it was adopted.

Paul C. Bélisle

Clerk of the Senate