The case of New Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House of Assembly), [1993] 1 SCR 319, is a significant decision of the Supreme Court of Canada concerning parliamentary privilege, freedom of expression under the Canadian Charter of Rights and Freedoms, and the inherent powers of provincial legislatures.
The core issue in the case was whether the Nova Scotia House of Assembly had the right to exclude a particular broadcasting company, New Brunswick Broadcasting Co., from filming its proceedings. The Speaker of the House had directed that the company be barred because of its past coverage, which the Speaker deemed to be biased and inaccurate.
New Brunswick Broadcasting Co. argued that this exclusion violated its freedom of expression, guaranteed by section 2(b) of the Charter. The House of Assembly, through the Speaker, maintained that it had the inherent power and parliamentary privilege to control access to its proceedings, ensuring that the proceedings could be conducted with dignity and decorum.
The Supreme Court ultimately sided with the Nova Scotia House of Assembly. The Court recognized that provincial legislatures possess inherent privileges necessary for them to function effectively, and that these privileges are analogous to those enjoyed by the British Parliament. One of these inherent privileges is the right to control access to the legislative chamber.
While acknowledging the importance of freedom of expression, the Court held that parliamentary privilege can, in certain circumstances, override Charter rights. The Court established a test for determining when parliamentary privilege could justify limiting Charter rights. The test requires that the privilege be (1) essential to the proper functioning of the legislative body and (2) exercised with demonstrable justification.
In this case, the Court found that the exclusion of New Brunswick Broadcasting Co. met both parts of the test. The ability to control access to the legislative chamber was considered essential for the House to maintain order and decorum, and the Speaker's decision to exclude the company was demonstrably justified by concerns about the accuracy and fairness of its past reporting.
The New Brunswick Broadcasting case is important because it clarifies the scope of parliamentary privilege in Canada and establishes the framework for resolving conflicts between parliamentary privilege and Charter rights. It underscores the importance of both freedom of expression and the effective functioning of democratic institutions.