Supreme Court affirms law that curbs spy watchdog members’ parliamentary privilege

The Supreme Court of Canada is pictured at sunset in Ottawa on Wednesday, Dec. 13, 2023. THE CANADIAN PRESS/Sean Kilpatrick

OTTAWA — 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 8-1 decision settles a thorny legal question about the National Security and Intelligence Committee of Parliamentarians, better 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 the legislation underpinning the committee.

Lakehead University law professor Ryan Alford spearheaded a constitutional challenge of the legislation. He successfully argued in Ontario Superior Court that Parliament could not restrict parliamentary privilege without a constitutional amendment.

The Ontario Court of Appeal overturned that decision in April 2024.

A three-member panel of the Court of Appeal said 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.

Alford then took his case to the Supreme Court.

In its judgment Friday, the top court said the legislation in question amounts to a “narrow limitation” of parliamentary privilege that was enacted in keeping with the relevant section of the Constitution.

This report by The Canadian Press was first published May 1, 2026.

Jim Bronskill, The Canadian Press