A set of amendments to the Parliament of Canada Act, spearheaded by Conservative MP Michael Chong, was passed in 2015 in an effort to make it more hard for MPs to be removed from caucus - part of an effort to decentralize political power on Parliament Hill and put it back in the hands of rank-and-file legislators.
Those votes never occurred in the Liberal caucus following Trudeau's victory in 2015.
She says there was no vote and Trudeau expelled them anyway on the basis that the caucus didn't trust them anymore.
"Expulsion should not be his decision to take unilaterally, however the decision had been already made", she said.
Philpott told the House of Commons that the party did not follow the legislated process for ejecting a member of parliament from a caucus and did not vote by secret ballot as the law requires, asking House of Commons Speaker Geoff Regan to rule on this matter and declare that she and Wilson-Raybould's rights were violated. "However, the decision had been already made".
Asked whether he plans to follow through with his threatened lawsuit, the prime minister would only say that with an election on the horizon, he won't put up with politicians twisting the truth and distorting reality. That ruling stated that the Speaker could not weigh in on the possible expulsion of MPs from a caucus, and that the Speaker has "no role in the interpretation of statute nor in the conduct of these 2015 provisions".
Regan told Philpott he would consider her argument and report back to the House later.
Philpott said that since she and Wilson-Raybould were kicked out of caucus, and didn't leave voluntarily, their situation is different.
"The will of caucus was very, very clear that they wanted the two individuals removed from caucus".
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.
Justin Trudeau says you can't lie to Canadians. "It's not something we're going to put up with".
The potential lawsuit came to light over the weekend when Scheer held a press conference in which he distributed copies of a letter from the prime minister's lawyer.
"Canadians are looking forward to the prime minister finally appearing under oath and testifying in a setting that he, himself, can not control", Scheer said Monday, repeatedly asking the government to set a date for legal proceedings to begin.