The Power of Parliamentary
Houses to Send for Persons, Papers and Records: A Sourcebook on the Law of
Precedent of Parliamentary Subpoena Powers for Canadian and other Houses, by
Derek Lee LLB., MP, University of Toronto Press, 1999.
Derek Lee’s new book, The
Power of Parliamentary Houses to send for Persons, Papers and Records, is a
splendid contribution to the rather sparse set of publications on procedure in
Canadian legislatures currently available. His book, though narrow in its
scope, touches on a subject of great potential interest to parliamentarians,
lobbyists, lawyers and persons called to appear before parliamentary
committees.
Mr. Lee starts with an
examination of Parliament’s role as Grand Inquest of the Nation, a role
exported from the United Kingdom to Canada in the British North America Act
of 1867, although the role was claimed by legislatures in Canada before
that date. Mr. Lee then reviews the lex et consuetudo parliamenti in
relation to privilege and then proceeds to deal with parliament’s power to
demand production of documents and records, order the attendance of persons and
its ability to enforce its demands. The book outlines in great detail
Parliament’s virtually unlimited authority in regard to these items, then
discusses the role of committees in relation to each item. He notes the lack of
power in committees to punish for contempt. That power is reserved to the House
of Commons itself.
In a series of chapters, he
deals with powers to send for members of the public, civil servants, members of
the armed forces, MPs, ministers, and members, officers and prisoners of
another house. Finally, he describes Parliament’s penal powers to punish for
contempt and discusses, somewhat inconclusively in light of a dearth of
precedents, the impact of the Canadian Charter of Rights and Freedoms.
Precedents are drawn from
Canada, the United Kingdom, Australia, New Zealand and Jamaica making the book
one that will appeal to members of legislatures throughout the Commonwealth.
The work contains a host of
quotations. One might be tempted to say that there are too many quotes and a
lack of original writing. On the other hand, the quotations are well organized,
well chosen and provide clear statements of the points the author seeks to
make. The tone of the work is clear and authoritative. It will be a useful tool
for those advising witnesses on their appearance, for members of legislatures
raising questions of privilege in the legislature or in committees and for
lawyers involved in the legislative process. It is noteworthy that court rules
do not apply to parliamentary enquiry. Parliament’s powers to ask questions are
virtually limitless and represent a bulwark for liberties in a parliamentary
democracy.
Peter Milliken, MP
Kingston
and the Islands
The Deputy Speaker