Does parliamentary privilege apply when the legislature is not in session?
British Columbia, Canada
The following excerpt is from Cambie Surgeries Corporation v. British Columbia (Attorney General), 2017 BCSC 258 (CanLII):
Whether there will be a time when the legislature is not in session and parliamentary privilege will not apply remains to be seen. I take judicial notice of a provincial election anticipated in May 2017 but the steps required to commence that election are for the government to make. There is some authority that, as an alternative to quashing a subpoena, a court may postpone its execution “… to a later date in the trial when the necessity for the evidence may become more apparent” (Kent v. Kent, [2010] H.J. No. 287, at para. 78). However, the evidence in this case is apparent, even historic.
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