Did Justin Trudeau break the law by kicking Jody Wilson-Raybould and Jane Philpott out of caucus?

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Did Justin Trudeau break the law by kicking Jody Wilson-Raybould and Jane Philpott out of caucus?
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Philpott told the Commons that their rights had been denied and their privileges as members of Parliament breached. Was she right?

OTTAWA — Former cabinet minister Jane Philpott rose in the House of Commons Tuesday morning to speak on a point of privilege, asking the Speaker of the House of Commons to consider whether Prime Minister Justin Trudeau violated the law by “unilaterally” removing her and former attorney general Jody Wilson-Raybould from the Liberal Party caucus last week.

“This is very concerning. It speaks to the rule of law at the heart of our democracy,” Conservative MP Michael Chong, who authored the Reform Act, told the National Post in an interview shortly after she made her arguments. So what exactly is this latest foofaraw all about?In a brief speech last Tuesday Trudeau announced his decision to remove Philpott and Wilson-Raybould from caucus after both resigned from cabinet in the wake of the SNC-Lavalin scandal.

Trudeau announced the decision as his own, and Philpott argued Tuesday Liberal MPs never had a chance to have their say — even though the Parliament of Canada Act was amended in 2015, with Chong’s Reform Act, so that these types of situations could be avoided.

Neither of those things happened in this case. Philpott said it would have taken a recorded vote in which 90 Liberal MPs voted to expel her and Wilson-Raybould, according to the rules laid out in the law — yet no such vote took place. “We were expelled prior to the commencement of the Liberal caucus meeting,” she argued in the House Tuesday.

“This point of privilege she has raised is vitally important because if there is no recourse here to enforce the rights of members, there is no other place,” he said. Courts have repeatedly ruled they do not have jurisdiction over matters of parliamentary administration, so he believes this is the only way for it to be enforced.

As relayed by Deputy Speaker Bruce Stanton, Regan’s ruling said asking the House to deal with an expulsion from caucus was “not a proper subject for a question of privilege.” Further, “I as speaker have no role in the interpretation of statute nor in the conduct of these 2015 provisions.”

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