The appellant challenged the constitutional validity of s. 12 of the National Security and Intelligence Committee of Parliamentarians Act, which bars committee members from invoking parliamentary privilege in proceedings arising from prohibited disclosures of protected information.
The majority held that s. 18 of the Constitution Act, 1867 authorizes Parliament not only to supplement but also to limit parliamentary privilege, subject to constraints derived from constitutional text, purpose, and structure.
It concluded that s. 12 imposed only a narrow limitation connected to national security oversight and did not fundamentally undermine Parliament’s role or effect an amendment requiring Part V procedures under the Constitution Act, 1982.
The appeal was dismissed, with a dissent concluding the provision unconstitutionally delegated control over parliamentary speech to the executive and enforcement to the courts.
