I am now ready to rule on the question of privilege raised on March 22 and April 4, by the hon. member for Durham concerning solicitor-client privilege in the context of parliamentary privilege.

In his intervention, the member alleged that the Prime Minister used solicitor-client privilege in an inappropriate way by allowing only a partial waiver to the former attorney general, the member for Vancouver Granville, in respect to the SNC-Lavalin affair and the Shawcross doctrine. Stating that there has been confirmation that parliamentary privilege is absolute and supersedes solicitor-client privilege, he contended that without a full waiver of solicitor-client privilege, his ability to fulfill both his individual and collective functions has been impeded.

Rather than asking the Chair to find a prima facie case of privilege, the member asked the Chair to reaffirm that parliamentary privilege, being absolute, supersedes solicitor-client privilege. He also wanted me to take the extraordinary step of inviting the former attorney general to speak in the House, assuring her that she would not be subject to the constraints of solicitor-client privilege.

As the member himself acknowledged, this is not a question of privilege, but as the member raised other issues, I will address the points raised.

Any member participating in the deliberations of the House and its committees is protected by the privilege of free speech; the same is true for witnesses appearing before committees. Whether this accepted principle was somehow diminished or even overturned by solicitor-client privilege, it must be recognized that the former attorney general decided to respect that convention. The Chair is not in a position to either question or pass judgment on this.

The Chair is also limited in its authority to invite members to speak on particular issues. It is not for me as Speaker to invite the former attorney general to speak, as the member for Durham suggested. This would take us far from our rules and practices—too far, I would suggest.

I thank all hon. members for their attention.

Geoff Regan

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