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Members' Handbook

PRIVILEGES AS A MEMBER

1. PRIVILEGES AND IMMUNITIES

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Parliamentary privilege is part of the constitutional and public law of Canada and the Northwest Territories. Privilege in the parliamentary sense includes all the unique rights and powers enjoyed collectively by the Assembly and individually by its Members and without which Members could not perform their duties. It is also the necessary immunity that the law provides for any person while taking part in the proceedings of the Assembly.

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Parliamentary privilege does not place Members above the law. Members enjoy these rights and immunities because the Legislature cannot act or perform its necessary functions without the unimpeded attendance and service of its Members. The individual privileges enjoyed by Members include:

  • freedom of speech;

  • freedom from arrest in civil actions while the Assembly or its Committees are sitting;

  • exemption from jury duty;

  • exemption from attendance as a witness at certain proceedings while engaged in parliamentary work; and

  • freedom from obstruction, interference, intimidation and molestation.

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The collective privileges of the Assembly include:

  • the power to discipline its Members, including the right to suspend or expel;

  • the right to punish persons guilty of breaches of privilege or contempt;

  • the right to regulate its own affairs free from interference;

  • the authority to maintain the attendance and service of its Members;

  • the right to institute inquiries and call witnesses and to demand papers;

  • the right to administer oaths to witnesses;

  • the right to set its own code of procedure; and

  • the right to publish papers containing defamatory material.

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Members should refer to Sections 12.1 to 16 of the Legislative Assembly and Executive Council Act and Section 19 and 20 of the Rules of the Legislative Assembly for further details on parliamentary privilege.

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Members are responsible for bringing any perceived breach of privilege to the Assembly’s attention at the earliest opportunity. To constitute a breach of privilege, generally, there must be some improper obstruction to the Member in performing their legislative work in either a direct or constructive way, as opposed to a mere expression of public opinion or criticism of the activities of the Member or the House.

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Members are entitled to go about their legislative business undisturbed. Assaulting, menacing or insulting any Member on the floor of the House, or while the Member is coming or going from the House, or as result of his or her behaviour during a proceeding in the Legislature, is a breach of privilege.

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The speaking or doing of an act must be tied to some legislative business in which the Member is taking part. The privilege of freedom of speech is not absolute and is generally confined within the context of parliamentary proceedings.

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