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Canadian Constitution Foundation to Appear at Supreme Court to Challenge Executive Overreach in Parliamentary Speech Case

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CCF to Appear at Supreme Court to Challenge Executive Overreach in Parliamentary Speech Case

CCF to Appear at Supreme Court to Challenge Executive Overreach in Parliamentary Speech Case

OTTAWA: The Canadian Constitution Foundation (CCF) will appear at the Supreme Court of Canada from November 5-6 to intervene in Alford v Canada (Attorney General), a case that raises foundational questions about the meaning of parliamentary privilege and whether the Executive branch has the power to criminalize speech in Parliament.

Professor Ryan Alford of Lakehead University is challenging section 12 of the National Security and Intelligence Committee of Parliamentarians Act (NSICOP), which allows Members of Parliament with security clearance to be jailed for up to 14 years for disclosing classified information – even during debates in the House of Commons. Professor Alford takes the position that stripping committee members of parliamentary privilege would require a constitutional amendment.

The CCF will argue that Members of Parliament have a constitutional right to speak freely, and that NSICOP violates section 18 of the Constitution by allowing the Executive branch to interfere with Parliament’s exclusive authority to regulate its own speech. This undermines parliamentary independence and free debate.

The controversy around NSICOP drew national attention when Conservative Party of Canada leader Pierre Poilievre refused to obtain security clearance to review a classified report alleging foreign interference by sitting Members of Parliament and Senators, citing concerns that, due to NSICOP, doing so would mean forfeiting his right to speak about the report in Parliament.

“Members of Parliament must be able to speak freely in a healthy democracy,” said Christine Van Geyn, CCF Litigation Director. “This law is already having a chilling effect on debate. By giving the Executive branch power to control what can be said in Parliament, this Act strips Parliament of its constitutional authority and ultimately erodes accountability to the people.”

The CCF is represented in this case by Paul-Erik Veel and Amy Goudge of Lenczner Slaght.