Law360 Canada (July 11, 2024, 12:24 PM EDT) -- Appeal by Attorney General of Canada (Canada) from declaration of application judge that s. 12 of The National Security and Intelligence Committee of Parliamentarians Act (Act) was ultra vires and invalid. This case involved a constitutional challenge to s. 12 of the Act. The Act created a committee of parliamentarians to review national security activities and access classified information while imposing confidentiality obligations. Section 12 restricted parliamentary privilege for committee members by allowing their parliamentary statements to be used as evidence if charged with improperly disclosing protected information. The respondent Alford, a law professor, brought a challenge arguing that s. 12 violated the constitutional right to free speech and debate in Parliament, which could only be limited through constitutional amendment. The application judge found s. 12 was unconstitutional. Canada appealed, arguing that Parliament could define parliamentary privilege through legislation under s. 18 of the Constitution Act (Constitution). The Speakers of the Senate and House of Commons intervened in support of Canada. Civil liberties groups intervened in support of Alford....