Supreme Court to hear challenge of law that curbs spy watchdog members

By Jim Bronskill, The Canadian Press on November 28, 2024.

The view of the government benches is seen from the Speakers Chair in the Chamber of the House of Commons, in Ottawa, Thursday, Sept. 12, 2024. THE CANADIAN PRESS/Adrian Wyld

OTTAWA – The Supreme Court of Canada will weigh the constitutionality of legislation that limits members of a spy watchdog from using their parliamentary immunity to speak out.

The top court’s decision today to hear the case reopens a thorny legal question about the National Security and Intelligence Committee of Parliamentarians, known as NSICOP.

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 legislation underpinning the committee.

In an application to the top court, Lakehead University professor Ryan Alford said the case raises issues of public importance about the protections afforded to MPs and senators exercising their freedom of speech and debate.

This report by The Canadian Press was first published Nov. 28, 2024.