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The Supreme Court of Canada upheld s. 12 of the NSICOP Act, holding Parliament may limit parliamentary privilege by ordinary legislation under s. 18 of the Constitution Act, 1867.
The Tribunal allowed a motion to exclude three proposed witnesses, finding the Ministers’ evidence irrelevant and Mr. Gamble’s evidence not necessary or probative.
The Tribunal partly granted CSC’s motion, striking some SOP allegations and remedies, limiting third-party reports to context, and holding Senate committee reports privileged.
The Federal Court granted MacDonald an interlocutory injunction blocking dissemination of a draft CBSA report pending judicial review, and relieved him from an undertaking for damages.
The Federal Court partly granted leave to file additional evidence in a class action certification motion, but excluded parliamentary reports and related expert references.
The Federal Court partly admitted fresh evidence, rejected Senate committee materials as privileged, struck one expert affidavit, and allowed separate replacement affidavits.
The Federal Court granted the Speaker of the Senate leave to intervene in an appeal motion about fresh evidence, limited to parliamentary privilege.
The Federal Court granted leave to add two public reports to a certification record, but refused to admit a Senate report and transcripts after cross-examinations.
Section 12 of the Act is a valid exercise of Parliament's constitutional authority under s.18 of the Constitution Act, 1867 to define its privileges, immunities and powers; Parliament may lawfully limit the scope of parliamentary privilege in the circumstances set out in s.12 and no constitutional amendment under s.38 was required.
Source excerpt
The court held that parliamentary privilege did not bar the Labour Relations Code from applying to Special Constables employed by the Legislative Assembly.
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