Parliamentary Privilege Does Not Immunize Decision To Fire Security Guards Of Quebec's National Assembly

In Chagnon v. Syndicat de la fonction publique et parapublique du Québec, 2018 SCC 39, the Supreme Court of Canada addressed the intersection of the constitutional privilege afforded to legislative bodies and the rights of their unionized employees.

Background: Three security guards at Quebec's National Assembly were dismissed for using security cameras from the National Assembly to observe people in nearby hotels.Through their union, the security guards filed grievances with the labour arbitrator under the collective bargaining agreement.

Judicial History: At first instance, the Speaker of the National Assembly argued that the labour arbitrator tasked with reviewing the security guard's grievances did not have the authority to review the decision to fire the security guards because it was protected by parliamentary privilege - an immunity afforded to legislative branches of government in Canada under the Constitution Act, 1867 so that they can perform their constitutional functions.

The labour arbitrator disagreed. He held that that parliamentary privilege did not oust his authority to review the grievance.

Justice Bolduc of the Quebec Superior Court allowed the application for judicial review, reversing the decision of the labour arbitrator. His Honour held that parliamentary privilege protected the Speaker's decision to dismiss the security guards and immunized the decision from any review by the labour arbitrator.

On appeal from Justice Bolduc's decision, a majority of the Quebec Court of Appeal reinstated the labour arbitrator's decision. It held that parliamentary privilege did not apply and the decision was reviewable by labour arbitrator.

The Decision of the Supreme Court of Canada: The majority of the Supreme Court of Canada agreed with the prior decisions made by the labour arbitrator and the majority of the Quebec Court of Appeal.

Justice Karakatsanis, writing for the majority, dismissed the appeal. Her Honour concluded that the scope of the parliamentary privilege did not extend so far as to immunize the Speaker from the consequences of managing the employment matters of the security guards. The Speaker of the National Assembly...