CROWN - Crown privilege - Parliamentary privilege

Law360 Canada ( October 5, 2018, 12:28 PM EDT) -- Appeal by the President of the National Assembly of Québec (President) from a judgment of the Québec Court of Appeal setting aside a decision of the Superior Court allowing an application for judicial review of an arbitrator’s decision. Three security guards employed by the National Assembly of Québec were dismissed. Their union grieved their termination before a labour arbitrator and the President objected to the grievances on the basis that the decision to dismiss the guards was protected by parliamentary privilege and therefore immune from review. The arbitrator found that the security guards’ dismissals were not protected by parliamentary privilege. He concluded that the guards’ functions were not closely and directly connected to the Assembly’s constitutional functions. At the Superior Court level, the reviewing judge held the contrary and allowed the judicial review. The majority of the Court of Appeal agreed with the arbitrator that the guards did not have the power to exclude strangers. It also held that the privilege over the management of employees did not apply. It thus concluded that it was not necessary for the President to have unreviewable authority over the management of the guards in order to ensure the Assembly’s work. The issue of the appeal was whether the arbitrator could decide the grievances, or whether the dismissals of the security guards were protected by parliamentary privilege....