J. WILTON LITTLECHILD, M.P. v. Citizens of Canada
Docket No. 9012000725
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT
OF WETASKIWIN
BETWEEN:
ERIN WALL, PIETER BROER, IRENE LOVELL, JOE KURTA
JAMES MANN, KEITH BEEBE, LYLE LINK, and DALE
HATALA
as and for the constituency of Wetaskiwin and the Citizens of
Canada
PLAINTIFFS
- and -
J. WILTON LITTLECHILD, M.P.
DEFENDANT
REASONS FOR JUDGMENT
Wetaskiwin, Alberta
10th December, A.D. 1990
Proceedings taken in The Court of Queen's Bench, Law
Courts,
Wetaskiwin, Alberta.
10th December, 1990
The Honourable Mr. Justice, E.A. Marshall Justice of The
Court of Queen's Bench of Alberta
E. Molstad, Esq. For the Defendant
E. Wall For the Plaintiffs
Official Court Record
THE COURT:
Thank you. Well as you suggested and conceded Ms. Wall, it
appears clear to me that the Statement of Claim must be
struck out -- that legal proceedings are not the correct forum to
seek the relief which has been sought. Counsel for Mr.
Littlechild have outlined the law.
The Statement of Claim alleges a failure on the part of Mr.
Littlechild to consult with the constituency
members and a failure on his part to account to them, further
failing to ascertain their views in voting
for the government's goods and services tax and failing to
adequately represent their views in his voting
for the government's goods and services tax.
It appears that the action is a claim of a breach of duty on the
part of the M.P. of the Plaintiffs. It seems clear on the
authorities and I note in Roman Corporation which has been
cited, that if I have any doubt on this application, as to whether
the Plaintiffs have a cause of action, I must give the benefit of
that doubt to the Plaintiffs and refuse the application and leave
the matter to be decided at a trial.
.
However I am satisfied the Plaintiffs have no cause of action
against the Defendant. I know of no legal duty on an elected
representative at any level of government to consult with his
constituents or deter mine their views. While such an
obligation may generally be consider ed desirable, there is no
legal requirement
.
I adopt the quotation from the trial in the Roman Corporation
case, where he said:
"It is of the essence of our parliament system of government that our elected representatives should be able to perform their duties courageously and resolutely in
what they consider to be the best interests of (the Government
of) Canada ( Inc.), free from any worry of being called to
account anywhere except in parliament
So it appears to me that the only remedy existing for the
Plaintiffs is the remedy provided by our Constitution in
the right to vote in a future election
.
I note also that the prayer for relief gives some difficulty
They request an Order of the Court recalling the Defendant to
account to the Plaintiffs in his constituency for his actions in
parliament. I would be inclined to strike the Statement of Claim
on that paragraph as well. But, I note they do make a prayer for
such other relief as the Court shall deem just which probably is
general enough that the action could not be struck out on that
account alone.
So I am satisfied that no court can compel the Defendant to
account to his constituents and just to show you what really
occurs in this application, Ms. Wall, what I am really assuming
for the moment is that everything you have said in the
Statement of Claim is correct. Even if that is all true the
Court can't give you assistance because in the drafting and the
exercise in the use of our constitution through the decades, it
has been the wisdom of our Fathers of Confederation and
others that M.P.'s must be given a right to carry out their duties
without any worry about being called to account during their
term of office.
.
That is the way our constitution was drafted and I must take
judicial notice of the Act which relates to Members of
Parliament, the Parliament of Canada Act, that the members of
the House of Commons enjoy all the privileges and immunities
of Members of Parliament, Parliament of the United Kingdom.
So under the circumstances I am dismissing - - or I am allowing
the application to strike out the Statement of Claim and it will be
struck out accordingly
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