The appeal concerned a media challenge to the Nova Scotia House of Assembly's refusal to permit television cameras in the public gallery to film legislative proceedings.
The central issue was whether the exercise of parliamentary privilege by a provincial legislative assembly is subject to Charter review, particularly under ss. 2(b) and 32(1)(b).
A majority held that the impugned privilege to exclude strangers and control internal proceedings enjoyed constitutional status or otherwise fell outside Charter scrutiny, and therefore the Charter did not invalidate the Assembly's decision.
The appeal was allowed and the declaration granting media access was set aside, with separate majority reasons differing on the route to immunity and a dissent finding an unjustified infringement of freedom of expression.
