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Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/18827

Title: Parliamentary Privilege: A Relational Approach
Authors: Langlois, Colette
Advisor: Sossin, Lorne
Department: Law
Keywords: parliamentary privilege
Issue Date: 15-Feb-2010
Abstract: Parliamentary privilege encompasses certain special rights and immunities deemed necessary to protect legislatures and members from undue interference so that they can effectively carry out their functions of inquiring, debating and legislating. The doctrine has engendered conflicts that have never been wholly resolved between courts and legislatures, and between individual rights and parliamentary privileges. The advent of modern human rights and emphasis on democratic values such as accountability and transparency has brought a new urgency to this problem. The current passive and defensive approach of Canadian legislatures is unsustainable, as is the approach taken by the SCC in recent jurisprudence. The paper argues against expanding the scope of judicial review of privilege claims as a solution, and in favour of open modernization processes led by parliamentarians, and involving public participation. Further, the paper advocates for the application of a “relational approach” versus the traditional “contest approach” to parliamentary privilege.
URI: http://hdl.handle.net/1807/18827
Appears in Collections:Master
Faculty of Law - Master theses

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