Philippe Lagassé: If they believe the constitution was undermined, parliamentary privilege offers them the freedom of speech to say so without fear of being prosecuted
Who decides what Jody Wilson-Raybould and Jane Philpott are allowed to say? The short and simple answer is they, and only they, ultimately decide, especially as members of Parliament.
Cabinet ministers belong to the Privy Council, the formal body that advises the Crown as the executive power. As members of the Privy Council, cabinet ministers swear an oath to “keep secret all matters committed and revealed to me in this capacity, or that shall be secretly treated of in Council.” This oath ensures that the principle of cabinet confidentiality is a deeply personal obligation.
But the Prime Minister’s waiver did not cover everything that happened leading up to Wilson-Raybould’s resignation. Notably, the order-in-council did not waive cabinet confidentiality following the shuffle that saw Wilson-Raybould moved to Veterans Affairs.
Wilson-Raybould and Philpott, however, are members of Parliament. As parliamentarians, they enjoy certain privileges that protect them from the executive and the courts. One of those privileges is absolute freedom of speech. When speaking as part of parliamentary proceedings, parliamentarians have the right to say anything that they feel is necessary to fulfill their duties as legislators acting in the public interest.
Free speech privilege is particularly vital, however, since it allows parliamentarians and witnesses to express whatever they feel is necessary in the interests of justice, democratic accountability, and the public interest. In the case of serving or former cabinet ministers, senior officials, or other key decision-makers, this absolute freedom of speech extends to all matters, including issues that fall under cabinet confidentiality or security classifications.
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