Jacques Chagnon, ès qualités de Président de l'Assemblée nationale du Québec v. Syndicat de la fonction publique et parapublique du Québec (SFPQ)
(Que.) (Civil) (By Leave)
Constitutional law - Liens - Constitutional law - Parliamentary privilege - National Assembly of Quebec - Management of employees - Ejection of strangers - National Assembly security guards contesting their ejection from Assembly by grievance - Test applicable to claim of privilege over management of employees - What is included in concept of implementing [TRANSLATION] “control over access to parliamentary precincts” component of privilege to eject strangers from Assembly and its precincts? - Whether general reference in s. 120 of Act respecting the National Assembly has effect of implicitly abrogating Assembly’s parliamentary privileges - Act respecting the National Assembly, CQLR, c. A 23.1, ss. 110, 116 and 120.
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Three security guards from the National Assembly of Quebec were dismissed by the appellant, the President of the National Assembly of Quebec, following an investigation that revealed that they were using a National Assembly camera to observe activities in the rooms of adjacent hotels. Since the guards were represented by the respondent, the Syndicat de la fonction publique et parapublique du Québec, a grievance was filed contesting their dismissal.
The President of the National Assembly of Quebec raised a preliminary objection to the tribunal’s jurisdiction, arguing that he had acted in the exercise of two constitutional parliamentary privileges, namely the privilege over the management of employees and the privilege to eject strangers from the National Assembly and its precincts.
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