A. Gay

The applicant challenged the constitutional validity of s. 12 of the National Security and Intelligence Committee of Parliamentarians Act, which disentitles committee members from claiming parliamentary privilege in proceedings arising from the disclosure of protected information.

The applicant argued that parliamentary privilege is constitutionally entrenched and cannot be abrogated by ordinary legislation without a constitutional amendment.

The court agreed, finding that s. 12 exceeds Parliament's authority to define privilege under s. 18 of the Constitution Act, 1867 and its amending powers under s. 44 of the Constitution Act, 1982.

Section 12 was declared ultra vires.

The applicant, a law professor, brought an application challenging the constitutionality of s. 12 of the National Security and Intelligence Committee of Parliamentarians Act, arguing it unlawfully removed parliamentary privilege.

The respondent challenged the applicant's standing.

The court applied the test for public interest standing and concluded that the applicant lacked a real stake in the matter.

The court dismissed the application, finding that granting standing without a proper factual context could prejudice subsequent challenges by parties more directly affected.