In Harvey v. New Brunswick (Attorney General), 1996 CanLII 163 (SCC), [1996] 2 S.C.R. 876, [1996] S.C.J. No. 82, a former member of the provincial legislature brought a Canadian Charter of Rights and Freedoms challenge with respect to his expulsion from the legislature for election fraud and his statutory disqualification from being re-elected. The minority judgment of the court, delivered by McLachlin J., addressed the issue of parliamentary privilege, holding that the member's expulsion from the legislature, and disqualification from running for re- election, were matters falling within parliamentary privilege and, therefore, were not subject to review by the court. They observed that the power to disqualify members for corruption was necessary to the dignity, integrity and efficient functioning of the legislature.
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