Helena Guergis' case against Harper tossed

Former cabinet minister Helena Guergis. QMI Agency File

Former cabinet minister Helena Guergis. QMI Agency File

Kristy Kirkup, Parliamentary Bureau

, Last Updated: 8:43 PM ET

OTTAWA - Former cabinet minister Helena Guergis will appeal a decision by an Ontario court that has ruled her defamation and conspiracy lawsuit against Prime Minister Stephen Harper and his staff is beyond the court's scope.

"The subject of this alleged conspiracy is conduct protected by the doctrine of Crown prerogative and is, therefore, beyond the jurisdiction of this Court," ruled Ontario Superior Court justice Charles Hackland. "Crown privilege is an important principle of our legal system and it cannot be attacked collaterally by way of allegations of tortious conduct."

Guergis sought $1.3 million in compensation for alleged damages suffered as result of her highly publicized removal from cabinet and the Conservative caucus in 2010.

"I am disappointed in the result," Guergis said on her Facebook page Friday. "I have instructed my counsel to appeal the decision. Therefore I will not comment - except to say that I should have the opportunity to present my evidence in Court. I believe Canadians would be disturbed "¦ On a positive note, I am enjoying private time with my family and look forward to beginning law school in a week."

Guergis' outser from cabinet came after allegations surfaced suggesting she may have been involved in criminal activity with her husband and former Tory MP Rahim Jaffer. The RCMP has since ruled there were no basis for charges against the pair.

The former MP for the Ontario riding of Simcoe --Grey argues she has been defamed because Harper publicized allegations about her and a letter was sent to the RCMP citing allegations received by the Prime Minister's Office.

Conservative MP Pierre Poilievre, who spoke on behalf of the party, would not comment on the ruling specifically when asked Friday.

"All I can say is it speaks for itself and the prime minster conducts himself with the highest ethical standards," he said. "We look forward to moving on and focusing on the issues that matter to Canadians."

Kristy.Kirkup@sunmedia.ca

On Twitter: @kkirkup


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