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The Expulsion And Disqualification Of Legislators: Parliamentary Privilege And The Charter Of Rights, Andrew Heard

Dalhousie Law Journal

This article examines whetherthe Charter of Rights limits the ability of legislatures to expel sitting members and to disqualify individuals from running for election. The discussions reveal the uncertain breadth of the constitutional status that the Supreme Court of Canada accorded legislative privilege in New Brunswick Broadcasting Co. v. Nova Scotia (Speakerof the House of Assembly). The author argues that both explusion and disqualification should be included among the privileges that are beyond the Charter's purview.