House of Commons.

• Author: David, Jean-Marie
• Position: Legislative Reports - Canada

On February 7, 2011, Scott Brison raised a question of privilege concerning the failure of the government to produce documents related to corporate profits and taxes and the costs of various justice bills which had previously been ordered by the Standing Committee on Finance. Noting that the Standing Committee had earlier that day presented its Tenth Report--which dealt with this matter--Mr. Brison argued that the government's claim that the information sought by the Committee was a matter of Cabinet confidence was without merit, and its refusal to provide the information constituted a breach of privilege.

On February 17, 2011, the House debated an opposition motion ordering that the same documents demanded by the Standing Committee on Finance be tabled by March 7, 2011. During that day's sitting, the government tabled documents that it stated constituted "information on our government's low-cost and tough-on-crime agenda as requested by certain members of Parliament". Mr. Brison responded that the documents tabled were insufficient. On February 28, 2011, Tom Lukiwski, Parliamentary Secretary to the Government House Leader, presented his case on the question of privilege. Later that day, on a deferred division, the House adopted the opposition motion, thus setting a deadline of March 7, 2011 for the production of the documents in question.

On March 9, 2011, the Speaker Peter Milliken ruled on Mr. Brison's question of privilege. Quoting from his ruling of April 27, 2010, on the Afghan detainees documents, he concluded that the power of committees to order papers was undistinguishable from that of the House. Without judging the quality of the documents tabled in the House by the government in response to the committee's request, he found that, on its face, they did not appear to provide the information which had been ordered. Consequently, the Speaker found that there were sufficient grounds for a finding of prima facie breach of privilege. Mr. Brison then moved a motion that the question be referred to the Standing Committee on Procedure and House Affairs and that the Committee report back no later than March 21, 2011. After debate, the motion was agreed to.

Also on March 9, 2011, the Speaker delivered a ruling on the February 17, 2011, question of privilege of John McKay stemming from the presentation of the Sixth Report of the Standing Committee on Foreign Affairs and International Development and the allegedly misleading statements made...