The Supreme Court of Canada has upheld the constitutionality of legislation that limits the ability of members of a spy watchdog committee to use their parliamentary privilege to speak out.
The top court’s decision settles a thorny legal question about the National Security and Intelligence Committee of Parliamentarians, better known as NSICOP.
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The committee, composed of MPs and senators from various parties, has access to highly classified information.
Ordinarily, MPs and senators can claim parliamentary immunity from prosecution for statements made in Parliament.
However, members of NSICOP could face up to 14 years in prison for the improper disclosure of information protected through the legislation underpinning the committee.
The Ontario Court of Appeal ruled two years ago that Parliament can limit the right to freedom of speech and debate in the manner laid out in the legislation governing NSICOP, without a constitutional change.
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