Guelph Mercury

Speaker’s ruling a small win for democracy

On April 23, House of Commons Speaker Andrew Scheer released a ruling on a point of privilege raised by Conservative MP Mark Warawa that opens the door for more free speech by members of Parliament.

Warawa argued that his own party’s chief whip had violated his freedom of speech by preventing him from speaking on an unapproved topic during the time allotted for members’ statements.

Members’ statements are governed by Standing Order 31, which states: “A member (of Parliament) may be recognized … to make a statement for not more than one minute. The Speaker may order a member to resume his or her seat if, in the opinion of the Speaker, improper use is made of this standing order.”

According to the compendium of procedure of the House of Commons, statements by members take place for one hour daily and are allotted for “members who are not (cabinet) ministers … to address the House for up to one minute on virtually any matter of local, provincial, national or international concern.”

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Guelph Mercury

Supreme Court ruling on wiretapping could have gone further

The Supreme Court of Canada recently released a landmark ruling in Regina-versus-Tse that strikes down the constitutionality of a section of the Criminal Code that allows police to intercept private communications in exceptional circumstances.

The court — ruling on a 2006 British Columbia drug-related kidnapping case — was unanimous in its decision, and the reasons were authored by Prime Minister Stephen Harper’s two recent appointees. This case is interesting, since one of these appointees, Justice Michael Moldaver, sided with the Crown more often than his peers while sitting on the Ontario Court of Appeal.

The contested part of the Criminal Code allows police to intercept private communications without prior authorization by a judge if the officer believes on reasonable grounds that the interception is required immediately to “prevent an unlawful act that would cause serious harm.”

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