OTTAWA — Heritage Minister Josee Verner is invoking obscure 18th century British parliamentary privilege in a bid to avoid testifying in a case that has pitted her husband and his Quebec City advertising company against a minority shareholder.

The $1 million lawsuit launched by Paul Bleau against Marc Lacroix and LXB Communication-Marketing, alleges that Lacroix conspired to defraud him by siphoning profits out of the company.

Among the ways in which Bleau alleges that Lacroix took money out of the company that rightfully belonged to the firm’s four shareholders was by putting Verner, his wife, on the payroll as his “assistant,” and paying her to do little or nothing.

Lacroix, however, maintains that he never defrauded Bleau and that Bleau was fired for cause because he failed to show up for work without a proper reason.

The lawsuit, filed in February 2005, well before Verner was elected MP for the Quebec City-area riding of Louis St. Laurent and named to cabinet, is scheduled to be heard by Quebec Superior Court Justice Carl Lachance between June 2 and 13.

Verner has been subpoenaed by Bleau’s lawyer Michel Bernier to testify on June 5.

On May 14, however, lawyer Pierre Rivard filed a request on behalf of Verner, seeking to quash the subpoena on the basis of British parliamentary privilege.

“As a member of the House of Commons, the (requester) benefits from a constitutional privilege exempting them from the obligation of appearing,” wrote Rivard in his application. “The 1867 Constitution Act integrated into the Canadian Constitution the privileges that the Parliament of the United Kingdom enjoyed at the time.”

As such, Verner is exempt from having to testify while Parliament is sitting as well as for 40 days beforehand and 40 days afterwards, Rivard argues.

Given the modern parliamentary sitting schedule, that could make it difficult to find any point during the year for any MP to testify, should the court accept Rivard’s argument.

Verner’s application is expected to be heard in Quebec City Tuesday, said Bernier.

Bernier, however, says he has no intention of letting Verner wiggle out of testifying. If she successfully invokes privilege to prevent her from testifying in June, he will ask the judge for the right to question her later.

ethompson@thegazette.canwest.com