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Supreme Court Upholds Narrow Limits on MPs’ Speech for Security Oversight

The ruling signals that national security secrecy can curb privilege only within tight legal bounds.

Overview

  • The Court said a prime minister with a majority can, in limited cases, restrict what MPs and senators disclose from a classified committee.
  • An 8-1 majority opinion by Justice Malcolm Rowe said legislatures may define parliamentary privilege and set narrow speech limits.
  • The decision leaves in place the 2017 law that created a top-secret oversight committee that reports to the prime minister.
  • The law bars members from sharing committee information in Parliament without the prime minister’s approval, which reporting says could lead to arrest and jail if they do.
  • Justice Rowe warned that a prime minister cannot fundamentally alter or undermine Parliament’s role in Canada’s constitutional order.