Okay. I won't pursue it further, but it doesn't really answer my question.
Yes, indeed, if you violate the Criminal Code, you violate the Criminal Code. But the decision by this government has been to use a non-legally binding code of conduct instead of, in fact, issuing regulations under the legislation. I remain puzzled as to why, given the potential seriousness and the scale of the size of these contracts, we wouldn't proceed in that way.
My next questions are about the fairness monitoring. We welcome Ms. Glover, who I understand is the ADM who would be responsible for the fairness monitors.
There have been a good number of questions raised about the fairness monitors. I know that you will not feel comfortable discussing the specific case brought by Envoy, which is potentially under appeal—not yet filed, as I understand—but I would like to ask you questions about the issues that were raised and whether you think those are worth pursuing.
The justice of the Ontario Superior Court of Justice in that case raised serious questions about the partiality of the monitors, due to the fact that they are directly retained and remunerated by Public Works, and therefore, he said, “He who pays the piper picks the tune”. There is at least the appearance of bias in that, if you're a monitor, you're not going to want to find that there are problems with the way Public Works is administering the contracts.
There have been suggestions also by the OECD that there should be independent mechanisms set up. In their “OECD Principles for Integrity in Public Procurement”, in principle 9, they have recommendations for the better handling of complaints from potential suppliers in a fair and timely manner, and actually recommend the establishment of an impartial review body with enforcement capacity independent of the procuring entities, which would rule on procurement decisions and provide adequate remedies.
I'm curious to know if you have taken into consideration, given various issues that have arisen over the last couple of years and in the recent case—which is, I understand, under appeal, and it's not the only case proceeding—are you giving consideration to the OECD principles, which I presume we subscribe to in this country, and to the issues raised by the court generally about the role of the fairness monitors?