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Add a filter on Committee Evidence - ETHI-108
Committee Evidence - ETHI-108
2024-03-19
John Brassard - 11:23
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:23
...More
Thank you very much.
On the topic of cabinet confidence, you'd mentioned that it's a long-standing convention. Is that correct in how you framed it?
...Less
Michael Wernick - 11:23
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:23
...More
How does a convention compare with the laws and principles of parliamentary privilege as it relates to our ability to send for documents and evidence?
...Less
Michael Wernick - 11:23
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:24
...More
To be clear, sir, as it relates to a convention—
...Less
Michael Wernick - 11:24
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:24
...More
—as I'm to understand, and forgive me for having notes to better refresh my memory or cite the actual laws, but when we were constituted we carried with us the Westminster system from the U.K. and the supremacy of parliamentary privilege supersedes conventions. Conventions are agreements among parliamentarians, but parliamentary privilege is actually supreme when it comes to the conventions of our abilities in our Standing Orders as it relates to standing committees to send for documents, evidence and witnesses.
...Less
Michael Wernick - 11:24
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:24
...More
Then who has primacy over the House of Commons? Is it the courts and the clerk, or the members of Parliament?
...Less
Michael Wernick - 11:25
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:25
...More
Then within that, in their appearance before the committee, the RCMP commissioner noted about cabinet confidences that cabinet confidence is there for a reason. I think the interpretation of cabinet confidence, as we discussed earlier, sometimes differs from one person to another. You just mentioned that you think that's my interpretation, that you have a different one, and the Supreme Court says that cabinet confidentiality is protected as a matter of constitutional convention, which is what you just referenced, or the rules of behaviour established by the government institutions that are not enforced by the courts, but are considered binding by those who operate the Constitution.
The people who operate the Constitution are the members of Parliament.
...Less
Michael Wernick - 11:25
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:26
...More
Do you think cabinet confidentiality should be further waived in the context of investigations conducted by the RCMP, or should this notion of client-solicitor privilege, where the government is both the client and the solicitor, provide them a shield from any kind of oversight for criminal accountability?
...Less
Michael Wernick - 11:26
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:26
...More
Who decides what's redacted?
...Less
Michael Wernick - 11:26
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:26
...More
Who else has roles?
...Less
Michael Wernick - 11:26
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:27
...More
Does the cabinet have a role?
...Less
Michael Wernick - 11:27
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:27
...More
Does the Prime Minister?
...Less
Michael Wernick - 11:27
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:27
...More
In no cases or situations does the cabinet or Prime Minister decide what is and isn't redacted?
...Less
Michael Wernick - 11:27
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:27
...More
Would that also carry by the same logic that Prime Minister Trudeau could waive cabinet confidence at any time, despite recommendations by the clerk and by legal advisers?
...Less
Michael Wernick - 11:28
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:28
...More
To make the final decision?
...Less
Michael Wernick - 11:28
NDP (ON)
Matthew Green (Hamilton Centre)
2024-03-19 11:28
...More
Is there ever a situation where staff well below the clerk can make decisions on what redactions are done?
...Less
Michael Wernick - 11:28
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