Ted Staffen, the Speaker of the Yukon legislature, appears to have overstepped his authority in rebuking NDP MLA John Edzerza for suggesting the RCMP are prejudiced when dealing with intoxicated aboriginal people.

During Tuesday's question period, Edzerza blamed the police's attitude toward first nation people for contributing to Raymond Silverfox's Dec. 2 death in Whitehorse RCMP cells.

"We suspect that we are witnessing systematic prejudice by the RCMP whenever they arrest intoxicated people of first nation ancestry," Edzerza said while questioning Justice Minister Marian Horne. "That's just not acceptable."

To this, Premier Dennis Fentie shot to his feet to call a point of order, referring to Edzerza's comments as "an outrage".

Staffen ruled Edzerza "was coming awfully close" to offending the practices and precedents of the assembly before he admonished the McIntyre-Takhini MLA, a former Yukon Party cabinet minister.

"I'm not going to ask you to withdraw; however, if in the future it comes up again, I will ask you to withdraw," Staffen warned.

But Prof. Andrew Irvine, who teaches political theory at the University of British Columbia, ruled Staffen out of order for not respecting Edzerza's parliamentary privilege.

"(It's) essential for the execution of the legislature's powers and for the execution of individual members' responsibilities," Irvine told the Star this morning after reading the Hansard portion documenting the contentious exchange and Staffen's ruling.

"Mr. Edzerza's language is not foul or abusive, nor does it suggest dishonourable behaviour on the part of another member."

Irvine said to restrict a member's freedom of speech in this context appears to be directly contrary to the underlying purpose of parliamentary privilege.

"Namely, that members should be free to raise issues which they believe are important to their constituents without fear or censure."

Today, Edzerza wrote Staffen to request a clarification on the ruling.

"I trust you are not saying that I cannot ask questions about first nations people dying while in police custody but are merely cautioning me about the way I do this. Is this correct?" asks Edzerza in his letter.

A coroner's inquest into Silverfox's death is expected, but no date has been set.