The Alberta Court of Queen's Bench judge has found she doesn't have the jurisdiction to rule on a decision by the province's ethics commissioner that found Calgary-Hays MLA Ric McIver in conflict of interest.

Ethics commissioner Marguerite Trussler found McIver breached the conflicts of interest act by asking a question in the assembly about the NDP government's electricity price cap in November 2016.

The United Conservative Party MLA was then the interim leader of the Progressive Conservative party. McIver's wife, Christine McIver, is the sole shareholder of Brighter Futures Energy Inc., an electricity retailer.

After Trussler found McIver in conflict of interest, he asked for a judicial review, arguing the matter raised issues about the right of legislators to speak and ask questions freely in the assembly.

Trussler and legislature Speaker Bob Wanner argued conflict of interest rulings are not subject to judicial review as they can be accepted or rejected by members of the legislative assembly.

Calgary Court of Queen's Bench Justice Janice Ashcroft sided with Trussler, ruling the commissioner has the right to regulate the speech of MLAs as part of her larger responsibility of regulating their behaviour.

"Accordingly, the actions of the ethics commissioner and the legislative assembly in investigating an alleged conflict of interest, making recommendations, and imposing sanctions, fall within a recognized category of parliamentary privilege," the judge concluded.

"The ethics commissioner was acting pursuant to that privilege. As such, the outcome of her investigation is subject to parliamentary, and not judicial, review."

McIver said he was disappointed by the ruling.

"But it is what it is," he said.

He said he plans to get some legal advice before deciding if he will appeal.

"It's an issue of free speech in legislatures across the British Commonwealth," he said. "Much bigger issue than one person, so I have to think about it."

Trussler's investigation was triggered by a complaint from Edmonton-Manning NDP MLA Heather Sweet.

McIver was fined $500.