Speaker's ruling: ruling on government advertising.

• Author: Stockwell, Chris

Speaker Chris Stockwell, Ontario Legislative Assembly, January 22, 1997.

Background: On January 14 and 15, 1997, the member for Algoma (Mr Wildman) and the member for Oakwood (Mr Colle) rose on separate questions of privilege to express concerns about the government's recent use of electronic and print media to communicate its agenda and about its use of public funds to do so. Specifically the member for Algoma expressed concerns about television commercials in which the Premier spoke to the government's forthcoming reform agenda. The member for Oakwood was concerned about a pamphlet issued by the Minister of Municipal Affairs and Housing. The pamphlet dealt with the government's program for reforming municipal governance in Metropolitan Toronto. Both members indicated that the advertising occurred in advance of consideration by the House of legislative measures that would be necessary to implement the reform agenda and in advance of public hearings on these measures. They asked the Speaker to determine whether this advertising affected members' privileges and whether it was contempt. Further, on January 20, 1997, the member for Algoma raised a separate but related concern. According to the member, the Minister of Municipal Affairs and Housing had issued a press release on the previous Monday announcing the government's intention to realign the responsibilities of provincial and municipal governments. The member submitted that the wording of the press release had the effect of relating the television advertisements to the legislation that the minister was introducing.

The Ruling (Speaker Chris Stockwell): Let me begin my response to these concerns by referring to the relevant parliamentary authorities on privilege. Standing order 21(a) provides that "Privileges are the rights enjoyed by the House collectively and by the members of the House individually conferred by the Legislative Assembly Act and other statutes, or by practice, precedent, usage and custom." Examples of individual privilege are freedom of speech, freedom from arrest in civil actions, exemption from jury duty, exemption from attendance as a witness and freedom from molestation.

Although it is not clear from the submissions made by the member for Algoma and the member for Oakwood which specific head of privilege they felt was being breached, I indicated last week that I would look into the matter. In my researches I found an October 29, 1980, ruling by Speaker Sauve of the Canadian House of Commons, a ruling that dealt with concerns about the...