Independent MP Jane Philpott says that Prime Minister Justin Trudeau contravened the law that governs Parliament and impeded on MPs' rights when he expelled her and colleague Jody Wilson-Raybould from the Liberal caucus.
But the Liberals are pushing back, saying that at the start of this Parliament the Liberal caucus -- including Philpott and Wilson-Raybould -- agreed to opt out of adopting the part of the law in question.
Philpott is arguing that Trudeau contravened the Parliament of Canada Act because the Liberal caucus did not hold a vote that was legally required at the beginning of this Parliament to determine how caucus expulsions would be handled, and because he ultimately made the decision to remove them without a caucus vote.
Specifically, the package of amendments passed in 2015 state that at the start of each Parliament each caucus is supposed to vote on whether or not it wants to adopt a series of rules related to the expulsion and re-entry of MPs into their caucuses, and matters related to party leadership. Trudeau said Tuesday that despite there not being a formal vote, at the start of this Parliament the Liberal caucus did send a letter to the Speaker expressing the "will of caucus" in regards to these rules.
"I can reassure everyone and say very clearly to both Dr. Philpott and Ms. Wilson-Raybould that I consulted extensively with caucus over the proceeding weeks, in the day before and the day of, I talked with all caucus regional chairs and the will of caucus was very, very clear that they wanted the two individuals removed from caucus. It was my decision to make but the fact that the caucus was clear and united on that made my decision easier," he said.
In raising the question of privilege, Philpott wants House of Commons Speaker Geoff Regan to rule on the matter in the name of "procedural fairness," though it remains unclear whether that’s within his jurisdiction.
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