Law360 Canada ( May 1, 2026, 12:25 PM EDT) -- Appeal by Ryan from a judgment of the Ontario Court of Appeal which found that s. 12 of the National Security and Intelligence Committee of Parliamentarians Act (Act) was intra vires the federal Parliament. The Act was enacted for the purpose of setting up a statutory committee of parliamentarians to oversee Canada’s national security and intelligence apparatus (Committee). Section 12 of the Act expressly excluded any claim for parliamentary immunity by a Committee member in a proceeding against them related to the disclosure of national security information obtained through their Committee membership. Ryan, a law professor, challenged the constitutionality of the provision. He argued that s. 12 impermissibly limited the privilege of freedom of speech in Parliament and the authority of its Houses to set and enforce their own internal rules of conduct which could only be done by amending the Constitution of Canada. Relying on s. 18 of the Constitution Act, 1867, the Attorney General of Canada (Canada) submitted that s. 12 of the Act was a redefinition of parliamentary privilege that was within Parliament’s authority to enact. The application judge granted Ryan’s application and declared s. 12 ultra vires Parliament and constitutionally invalid. Canada appealed. The Court of Appeal found that s. 12 of the Act was intra vires Parliament’s legislative authority under s. 18 of the Constitution Act, 1867 and allowed the appeal. The sole issue on appeal was whether s. 12 of the Act was within Parliament’s legislative authority under s. 18 of the Constitution Act, 1867....