The Ontario Court of Appeal has upheld the constitutionality of a law that restricts members of a spy watchdog from utilizing their parliamentary immunity to voice their opinions.
The National Security and Intelligence Committee of Parliamentarians, made up of MPs and senators from different parties, has access to highly sensitive information.
Typically, MPs and senators are able to invoke parliamentary immunity to avoid prosecution for statements made in Parliament.
However, members of the watchdog, known as NSICOP, may be subject to criminal penalties for unauthorized disclosure of protected information under the legislation governing the committee and related laws.
The recent ruling overturns a 2022 decision by the Ontario Superior Court, which had concluded that Parliament could not limit parliamentary privilege without a constitutional amendment.
A panel of three judges from the Court of Appeal stated that Parliament has the authority to restrict freedom of speech and debate as outlined in the legislation governing the committee, without requiring a constitutional amendment.
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