Politics Insider: The limits of free speech in the Commons
The Supreme Court of Canada ruled 8-1 that a prime minister with a majority government can impose limited restrictions on the free speech of MPs and senators in certain circumstances, such as national security. The decision stems from a constitutional challenge by a law professor over a 2017 law that restricts parliamentary disclosure of intelligence secrets without prime ministerial approval. The court found that parliamentary privileges, including free speech, can be defined by Parliament itself and are not absolute.
- ▪The Supreme Court ruled that parliamentary free speech rights can be limited under constitutional provisions.
- ▪The case originated from a 2017 law creating a security committee with top-secret clearance whose members cannot disclose information without the prime minister's authorization.
- ▪Professor Ryan Alford challenged the law in 2018, winning at the Ontario Superior Court in 2022 but losing at the Court of Appeal in 2024.
- ▪The 8-1 decision was written by Justice Malcolm Rowe and included Chief Justice Richard Wagner.
- ▪The ruling confirms that Parliament has the authority to define its own privileges, including limits on speech in the House of Commons.
Opening excerpt (first ~120 words) tap to expand
ShareSave for laterPlease log in to bookmark this story.Log InCreate Free AccountHello, welcome to Politics Insider. Let’s look at what happened today.A Supreme Court of Canada ruling today allows a prime minister with a majority government in Parliament to curtail the free speech of MPs and senators in narrow circumstances.David Ebner reports that the 8-1 decision released today focused on a constitutional challenge launched eight years ago in the lower courts by one Lakehead University law professor.In 2017, the federal government created a special committee of Parliamentarians with top-secret clearance to review national security and intelligence operations. It reports to the prime minister.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at The Globe and Mail.
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