To answer your first question, a copy of my opening remarks was given to the clerk earlier for distribution to committee members, if they wish.
I think it is not correct to describe us as counsel for Elections Canada in the traditional sense of the word, as it is understood in the solicitor-client context. Let me explain. The mandate of the Public Prosecution Service of Canada is governed by the principle of independence. In the course of an investigation, it is our job to provide advice to the investigative agencies, but that advice is in no way intended to steer the investigation in one direction or another, or even to recommend particular steps in the investigation. Our job is to assist the investigators. I can give you an example.
An investigator may come to see one of our Crown counsel to request assistance in preparing a search warrant, for example. There are various search warrants in the Criminal Code, and each section of the Criminal Code prescribes certain obligations that must be met when an application for a warrant is made to a judge. As well, section 8 of the Canadian Charter of Rights and Freedoms guarantees protection against unreasonable search or seizure. There is extensive case law under section 8 of the Charter dealing with the definition of an unreasonable search.
Our role in that context would be to help an investigator present all of the facts that are relevant to the application. That might include facts that do not support the warrant application. Then they have to be set out in a document so the judge can make an independent decision, as to whether or not the warrant should be granted.
So the role involves providing assistance, which may include legal advice on aspects that may not be entirely consistent with the case law. But it is not a solicitor-client relationship in the traditional sense, which consists more in a lawyer receiving instructions from the client and acting on those instructions.