Does the Canadian Human Rights Act Apply to the House of Commons and the Speaker?
[22] Given my conclusion that the power to appoint and manage staff is an inherent privilege of the House of Commons and its Speaker, which privilege enjoys constitutional status, I am left to determine whether this privilege has been abrogated by the Canadian Human Rights Act. [23] A statute can indeed abrogate a privilege of Parliament or its members. To do so, however, express language to that effect is required. (30) In this regard, the Commission points to s. 2 of the Act, which states that it will apply to ” … matters coming within the legislative authority of Parliament …” (31) Parliament can and, indeed, does legislate with respect to the privileges of the House of Commons and the Speaker (32), and thus, the Commission argues, the Act extends to cover matters such as those raised by Mr. Vaid’s complaints. [24] A similar argument was advanced with respect to the ambit of the Canadian Charter of Rights and Freedoms in New Brunswick Broadcasting Co. Section 32 of the Charter c
