Wednesday, January 31, 2018

Library of Parliament Research Publication on Criminal Charges and Parliamentarians

The Library of Parliament (LOP) has a new research publication that tackles the topic of Criminal Charges and Parliamentarians:
"In Canada, all citizens are subject to the ordinary laws of general application, both criminal and civil. There is no exemption for parliamentarians, nor is there any immunity or special rights related to their parliamentary functions, outside the narrowly defined application of parliamentary privilege."
"Whenever a member of the Senate or the House of Commons is charged with or convicted of a criminal offence, questions invariably arise as to the effect of such charges or convictions on the person's right to continue as a member of the Senate or the House.
In general, the laying of criminal charges against a member of the Senate or the House of Commons has no immediate legal implications with respect to their right to remain in office, with the exception of a procedure applicable to senators in certain situations."
"However, in the case of a conviction for a criminal offence, the legal implications with respect to the parliamentarian's right to keep their seat and their future eligibility are more serious. In all cases, both houses of Parliament retain the power to expel members, whether or not they have been convicted of a criminal offence." 
"This publication discusses measures that may be taken by the Senate and the House of Commons when criminal charges are laid against a parliamentarian, the implications of a conviction for criminal conduct, and the power to expel a parliamentarian under parliamentary privilege."
Readers can browse through the many categories of LOP research publications on the parliamentary website.

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posted by Michel-Adrien at 4:26 pm


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