As an hon. member has said, Whose?
Moreover, and I have full respect for Justice Gomery, it would seem to me that a commission of inquiry that cannot name names and assign responsibility is somewhat pointless. Odd, is it not, that this is what the case authorities say and this is what the Supreme Court of Canada has said. Again I will quote the Krever decision at paragraph 38:
--the commissioners have the power to make findings of misconduct. In order to do so, commissioners must also have the necessary authority to set out the facts upon which the findings of misconduct are based, even if those facts reflect adversely on...parties. If this were not so, the inquiry process would be...pointless.
Further, at paragraph 39 of the Krever decision, and this is the Supreme Court of Canada in 1997 that I am referring to, it is stated:
These findings of fact may well indicate those individuals and organizations which were at fault.
Summarizing further in paragraph 39 of the same decision:
--a public inquiry into a tragedy would be quite pointless if it did not lead to the identification of the causes and players for fear of harming reputations...
The law of Canada is quite clear. I believe it is something which I hope the Minister of Justice will take the time to review.
There is no irreconcilable conflict between Justice Gomery having the capacity to name names and do his job on the one hand, and the civil and criminal process taking its natural course on the other. To suggest otherwise is to take this House in a direction that does not reflect the law of Canada.
Let us get to the bottom of this. Let us amend Justice Gomery's inquiry powers so that he can name names and assign responsibility.
The final point I will make is that my friend across the House of Commons, the Minister of Justice, said, “Let us respect the process”. I say, let us respect Canadians. Canadians want to get to the bottom of this. They want to know who is responsible. The way the Gomery inquiry has been set up does not let Canadians get the answers they need.