Is a disciplinary authority over a member of the House of Representatives an exercise of parliamentary privilege?

Ontario, Canada


The following excerpt is from Duffy v. Canada (Senate), 2020 ONCA 536 (CanLII):

In Vaid, Binnie J. confirmed that “disciplinary authority over members” is an established category of parliamentary privilege that has “historically been considered to be justified by the exigencies of parliamentary work”: at paras. 29(10), 51. At para. 51, Binnie J. cited (among other authorities) Harvey v. New Brunswick (Attorney General), 1996 CanLII 163 (SCC), [1996] 2 S.C.R. 876, where McLachlin J. (as she then was), concurring with the majority in the result, affirmed that a provincial legislature’s power to disqualify from office a member convicted of an illegal practice under provincial elections legislation involves an exercise of parliamentary privilege, and is thus immune from judicial review: Harvey, at paras. 55, 89.

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