Procedure and House Affairs Committee on March 30th, 2010

[Voices]

Oh, oh!

[The Chair, Conservative, Joe Preston]

First of all, in general, the clerk and I have looked at these lists and tried to group together what we can. We also—I hesitate to say—tried to look at costs on some of this, because that's part of what we're looking at.

All I'm looking for at this moment is some thought from the committee on whether we are heading in the right direction. Is this about what you are looking for in some of our groupings?

We know that we'll never get it down to absolute cement, because some people at the last moment will not be able to be there and we'll have to see them at a later date or move them around in the area. So let's talk about that first.

Mr. Reid.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

I wonder if the clerk could just guide us through. We have the list of names here.

What names have you not been able to schedule at this point? Could you just run through those for us?

[The Clerk]

All the people who were on the list are here. If they were contacted and said they weren't available, I put them at the end.

Just let me double-check.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

I see at the very back that you have three names.

Why then, if I can ask--

[Marcel Proulx, Liberal, Hull—Aylmer, QC]

Excuse me, Mr. Chair, I have a point of order.

Do we all have the same lists?

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

There are two pages, apparently.

[Marcel Proulx, Liberal, Hull—Aylmer, QC]

The other way around.

[The Clerk]

Yes.

[Marcel Proulx, Liberal, Hull—Aylmer, QC]

And all the witnesses on the original list that was given to us, the two pages of witnesses, have been somehow placed on this--

[The Chair, Conservative, Joe Preston]

That's my assumption, Mr. Proulx--

[Marcel Proulx, Liberal, Hull—Aylmer, QC]

Thank you.

[The Chair, Conservative, Joe Preston]

--but we're just checking that.

[The Clerk]

There are four missing.

[The Chair, Conservative, Joe Preston]

Mr. Lukiwski.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

I'm just wondering, in light of what Mr. Walsh.... Some of his comments today referenced extensively O'Brien and Bosc, formerly Marleau and Montpetit. I know we've already submitted the witness list, but would it be wise to add them to the witness list?

[The Chair, Conservative, Joe Preston]

To discuss definition?

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Yes.

[The Chair, Conservative, Joe Preston]

In my opinion, it would be fine, but I'd like the committee's opinion.

I'd hate to rule on your behalf.

Mr. Reid.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Just in favour of that point, there are significant changes between O'Brien and Bosc text and the former Marleau and Montpetit. In particular--this is very relevant--in the definitions of privilege in Marleau and Montpetit, there are only four privileges cited: freedom of speech; freedom from arrest in civil actions; exemption from jury duty, and thank goodness for that one; and exemption from being subpoenaed to attend court as a witness. But then O'Brien and Bosc add in freedom from obstruction, interference, intimidation, and molestation, which is the basis upon which Professor Cotler is making his assertion.

Their addition means they've presumably thought a great deal about this. They aren't simply passing on the wisdom of those who wrote before them, they're actually adding this in. Therefore, I think they would have a fair bit to say about the definition of these terms that might be helpful in an area where Mr. Walsh was unable to provide us with guidance, because we were going into parliamentary matters as opposed to legal matters.

[The Chair, Conservative, Joe Preston]

I understand and find it clear.

Does the committee agree that we can add Madam O'Brien and Monsieur Bosc to the witness list?

[Marcel Proulx, Liberal, Hull—Aylmer, QC]

Could we keep that aside until we see what's happening with these different witnesses here, please?

[The Chair, Conservative, Joe Preston]

Sure. We'll add that to the end of the list of votes.

Mr. Reid, I understand this is a point of clarification.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

I'm just saying, I think if we were going to have them, it would make sense to have them at the front end in order to actually define what we're talking about. It'd be a shame to get the other witnesses in and then learn afterwards that we didn't ask any of them the right questions because we didn't understand what--

[The Chair, Conservative, Joe Preston]

I agree. That was the intent of having Mr. Walsh here today.

Mr. Proulx, and then Randy.