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House Hansard - 321

44th Parl. 1st Sess.
May 30, 2024 10:00AM
  • May/30/24 10:19:05 a.m.
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I am now prepared to rule on the question of privilege raised on May 1 by the member for Lethbridge, regarding the content of the Debates of April 30. In so doing, I would also like to comment on several points of order raised subsequently regarding the fallout of that day’s events. In raising her question of privilege, the member stated that the Debates of April 30 did not accurately reflect the previous day’s proceedings in the House. She alleged that the words “I withdraw” had been removed from the blues in the portion where the Chair had named her. The member stated that those words appeared under her name in the initial version of the blues and were attributed to her and that they could be heard in the audio recording. She added that, in this specific context, those words were not insignificant, as they showed that she had unconditionally complied with the Speaker’s request and that her withdrawal from the House was therefore unjustified. The member argued that since she was unable to participate in the debates and the votes of that day, her privileges had been breached. She also noted that this misrepresentation of her actions could amount to an improper reflection upon a member. The member was supported by some of her colleagues, who said that they had heard her say those words. Let us first review the events of April 30. The beginning of question period that day was particularly difficult. There was clearly a lot of strong language and strong reactions that required the Chair to intervene. I issued warnings, but also the possibility to rephrase their comments, to both the Leader of the Opposition and the Prime Minister, for particular words they used, those terms being “racist” and “spineless” respectively. I subsequently asked for the word “wacko” to be withdrawn when it was used as a personal insult. I am certain all members can agree that such terms are not helpful and do not contribute to the kind of civility necessary for our proceedings. In the course of these events, the Chair was subjected to invective from the member for Lethbridge. The Chair told the member that challenging decisions of the Chair is contrary to the Standing Orders and subsequently asked her to withdraw her words. The member replied by saying that the Chair was “acting in a disgraceful manner”. At that point, since she did not appear to be complying with my request to withdraw her words, I rose, and her microphone was deactivated. Even though the member was only a few metres from the Chair, I did not hear what she said after her microphone was turned off, as there was too much noise in the House. The member was named pursuant to Standing Order 11. The Hansard blues are the unrevised transcript of the debates of the House of Commons. The Debates, on the other hand, are the record of the proceedings, with the necessary editing and grammatical corrections. As House of Commons Procedure and Practice, third edition, states on page 1227, and I quote: “The Debates are published under the authority of the Speaker of the House. They are compiled using the audio recording of the proceedings as well as information provided by Parliamentary Publications staff stationed on the floor of the House.” As Speaker Milliken explained on March 20, 2001, on page 1917 of the Debates, and I quote: “The editors of Hansard always try to be fair and just in reporting and printing what we have said in the House. It is often difficult to determine exactly what was said.”
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  • May/30/24 10:23:40 a.m.
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An hon. member: I have a point of order. The Speaker: It is the normal tradition of the House that the Speaker finishes their ruling before points of order are raised. I will entertain them at the end of the ruling, which will happen in a couple of minutes. While the Debates are published under the authority of the Chair, the House should know that the Chair plays no part in editing the Debates. The editors of the Parliamentary Publications team craft a record that, in their judgment, best corresponds to the proceedings, without political interference and in a completely non-partisan manner. The editors may make changes to the records of the House proceedings, whether or not those changes are proposed by members, in accordance with their own guidelines and long-standing practices. Moreover, it is understood that the revisions should not alter the substance and the meaning of the members' statements in the House. The Chair learned that, on April 30, two versions of the blues had been prepared. The words “I withdraw” were indeed in the first version and were attributed to the member for Lethbridge. During the revision process, the editors listened carefully to the audio recording of the sitting but could not be certain that those specific words had been said or that the statement should be attributed to the member for Lethbridge. The word “withdraw” was clearly audible, but what preceded was not. Given the context of the exchange between the Chair and the member, the words she said immediately prior and the process of naming the member that subsequently began, the audio in question could plausibly be interpreted as either “I withdraw” or “I do not withdraw”. In addition, the particularly high level of ambient noise substantially complicated the editors’ task. Faced with this uncertainty, the editors removed the words, and a second version of the blues was produced, which was provided to the member. No comments or revisions were communicated to the Parliamentary Publications department in connection with this intervention prior to the publication of Hansard by the member for Lethbridge or her staff, or any other member or their staff. Finally, the words are not included in the published version of the Debates. While investigating this matter, the Chair also learned that the staff responsible for Debates had provided these explanations to the member in the afternoon of May 1, even before she raised her question of privilege. As the member for Lethbridge later pointed out on May 9, it is true that on the morning of May 1, a member of my staff received a question from a journalist about the difference between the blues and the Debates. On the other hand, it should be noted that the answer offered was very general and was provided even before the question of privilege was raised in the House. The Chair recognizes that the member for Lethbridge states that she said “I withdraw”. The Chair has no reason to doubt her word, nor that of the chief opposition whip, who confirmed that others heard those words. I hope she will accept that, because she began by repeating her comments, and because the noise level was so high, the Chair did not hear her say that day that she was withdrawing her words. My decision to name her seemed justified, based on the information I had at the time. If the member had begun by withdrawing her words, events surely would have unfolded differently. I want to emphasize this point. When the Chair asks a member to withdraw offensive remarks and apologize, out of respect for the Chair and the rules of the House, the Chair expects members to comply, with no hesitation, period. An invitation to withdraw words that are deemed unacceptable is not an invitation to repeat those very words. In the event of refusal to comply, a member risks being named and asked to withdraw from the House or having the Chair decide not to recognize them until they do. Members sometimes disagree with the Chair’s decisions, but it is important for all members to accept them once they are made. Disregarding the rules is one thing; disregarding the authority of the Chair when one is called to order is another. As the member for New Westminster—Burnaby stated in his point of order on May 1, 2024, criticizing such decisions in the House amounts to challenging the Chair, which is contrary to our practices. On the other hand, while it is true that the Chair exercises control over decorum during proceedings and generally does not comment on statements made outside, attacks on the Speaker or the deputy speakers outside of the House can have a corrosive effect on our proceedings. It certainly does not help the House function smoothly. In conclusion, the Chair is of the opinion that the final version of the debates was prepared in accordance with the standards applied by the debates' editors and that their decision, as well as the Chair's decision to name the member, was justifiable based on the information available on April 30. Consequently, I cannot find a prima facie question of privilege. The member for Lethbridge has clearly indicated what her words were, and that is now also part of the record. I thank members for their attention. The hon. member for Calgary Nose Hill on a point of order.
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  • May/30/24 7:09:30 p.m.
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Yes. Thank you very much. I think all members know very well what the rules are because of the fact we have been doing this over and again for quite some time. There is no quorum call during these debates. The hon. member for Mirabel.
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