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ARTICLE · 16 OCTOBER 2018

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.

CanadaLitigation, Mediation & Arbitration

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

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