In Contempt of Parliament and the Harper Government

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Canada's House of Commons - Parliament of Canada
Canada's House of Commons - Parliament of Canada
Many Canadians have never heard the expression contempt of Parliament. What does it mean? And what does it mean for the Harper Government?

For the last week the expression Contempt of Parliament has been used by the opposition Liberals, New Democratic Party (NDP), and Block Québécois (BQ). The three opposition parties were part of a sub-committee that released a report on ethics. The report recommended the Harper government be found in contempt of Parliament for failing to disclose the price of new F-35 fighter planes and its failure to disclose the cost of some of its crime bills.

Contempt of Parliament Definition

Contempt of Parliament is defined as the act of blocking the House or any Member of Parliament from performing their duties. Those actions can include:

  • Lying to a committee or House of Parliament
  • Refusing to testify before a committee or produce documents necessary to an investigation
  • Influencing a Member of Parliament (MP) through means such as bribery and threats.

In Canada the power to find someone in contempt of Parliament goes back to the British North America Act (BNA). The BNA defines it as the privileges, immunities, and powers to be held, enjoyed but not to exceed those explained by the Act, or those enjoyed by Members of Parliament of the United Kingdom of Great Britain, and Ireland.

The penalties for contempt of Parliament in Canada can include jail time. The use of the offense is rare and in the case of a minority Parliament usually results in a vote of no-confidence.

Contempt of Parliament and Prime Minister Stephen Harper

On March, 9, 2011 the Speaker of the House of Commons Peter Milliken issued a report declaring two possible charges of contempt of Parliament. The first was against the Minister responsible for the Canadian International Aid Agency (CIDA) Bev Oda. It’s alleged that Oda added the word “not” to a funding memo for an aid agency, resulting in the request being ignored and lied about in testimony before a committee.

Milliken also ruled that Cabinet itself could also be in contempt of Parliament for not disclosing the cost of its crime policies, and the cost of new F-35 fighter jets. He sent this report to a committee, who on March 21, 2011 ruled that the Harper government was in contempt of Parliament.

On March 25, 2011 the finding of contempt led to a motion of non-confidence introduced by Liberal Leader Michael Ignatieff. The NDP and BQ supported them, which resulted in the adjornment of the 40th Parliament of Canada, and made Prime Minister Stephen Harper’s government the first to fall on a charge of contempt of Parliament.

Laura Steiner, Laura Steiner

Laura Steiner - First hand experience covering politics at all levels; municipal, provincial, and federal.

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Comments

Mar 29, 2011 6:23 PM
Guest :
Fine article - but leaves a lot unsaid. this wasn't a judicial ruling, so who made the ruling?

Was it a government committee led by the Liberals or NDP and was the decision political or judicial in nature. What evidence was presented, and by whom? Was it the cost overrun that was the issue? that happens with almost everything. There must be something more to it!

Mar 29, 2011 6:29 PM
Guest :
If contempt of parliament is just brushed aside like this, why can't weed possession be brushed aside? One is a form of lying - the other is ingesting something into a person's own body; their body, their choice. Why do some of these laws that have nothing to do with the ten commandments even exist?Why is a prime minister that's seems so concerned about law and order allowed to get away with this yet when someone smokes a little pot he's called a criminal and put in jail?Cheese is related to crime too; a million dollar study could prove it.
Mar 30, 2011 11:34 AM
Guest :
If Mr. Harper who is the Prime Minister of Canada has been found in contempt of Parliament which is a crime why is he being allowed to run in the may 2nd election as some report stated he is barred from running.
Apr 9, 2011 4:38 PM
Guest :
Thank you for the concise explanation and how this fits into the motion to dissolve Parliament. While an indictment *was* possible, the opposition decided to proceed with a no-confidence motion instead.
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