Parliamentary Privilege in the Canadian House of Commons

Abstract

Practically the only public acknowledgment of the vast powers of the House and the protection which is afforded the House and its members by the tradition of centuries is contained in the statement of the Speaker at the beginning of every new Parliament. When the Speaker leads the members of a new House of Commons to the Senate he claims from the governor general on their behalf “all their undoubted rights and privileges, especially that they may have freedom of speech in their debates, access to your Excellency's person at all reasonable times, and that their proceedings may receive from your Excellency the most favourable consideration.” These are, of course, immediately granted by the governor general.The privileges of Parliament so briefly referred to and so perfunctorily granted are of two types. Some, are personal to every member of the House and enable him to carry out his parliamentary responsibilities without interference; others are the additional privileges of the House as a body, breach of which is considered in law to be analogous to contempt of court.The former enable a member to speak on any subject free of any fear of legal responsibility for anything he may say. He is free from arrest under civil process while the House is in session and for a reasonable time before and after the session. He is also exempt during the session from duty as a witness or as a juror. Threats against a member and attempts to bribe him are likewise considered as breaches of privilege.