Government Operations committee  Honestly, my recommendation at this point I think would be to wait and see what the CITT does. We've only had two decisions where they've accepted jurisdiction and looked at this. They have two paths here that they're going to go down, and it's going to happen as bidders bring cases.

Government Operations committee  This goes back to an earlier question. I'll be very brief. In a procurement dispute, there are a number of routes you can take. One is to the CITT. One is to the Federal Court, with an application for just a review, an administrative process where you're asking the court to determine whether a decision was made with the proper authority.

Government Operations committee  I think it depends on the department, but yes. The NSE letters that I've seen show a reason, and there's an approval.

Government Operations committee  It's nothing more than that. I'm just going to get back to your last point and also to Mr. Clarke's point about having parliamentarians overseeing this process. I think the risk there is in the timing. The one thing that CITT does really well is move fast. There's a 10-day limitation period for bringing a complaint with the CITT, 10 working days.

Government Operations committee  I guess one way to do that is to make it clear to the CITT that it has the authority. As a statutory body, the CITT can be adjusted; we can make it clear that it has the authority. A separate process can even be set up within the CITT to look at whether the national security exception is legitimate.

Government Operations committee  I think it can be done through the CITT, if you're looking for external controls.

Government Operations committee  I think we're moving in the right direction with the recent change in position by the CITT. Now we'll have a body that's willing to provide some level of scrutiny to national security exceptions and hold the government more accountable in the scope of the national security exception.

Government Operations committee  Well, the CITT; I mean, procurement is its field of expertise. In a normal procurement challenge, that's where it goes. There are other remedies that you can take to the Federal Court, to the superior court, but they have the expertise. They also have a very good process with respect to confidentiality.

Government Operations committee  They would. It's been a while since I've looked at the CETA language, but I don't recall seeing anything that would limit municipalities or provinces from employing a national security exception when required. It makes sense. There can be purchases by provinces and municipalities that can have legitimate national security concerns triggered.

Government Operations committee  I have never represented a client in that situation, so I have nothing to add on that point.

Government Operations committee  I think it will be interesting to see where the CITT goes with these types of cases. We only have two where they've accepted jurisdiction or taken on a matter and looked at an NSE. They're walking a fine line right now with respect to what their role is in the definition of national security and whether or not their role is to look and determine whether there's a legitimate national security interest at play or whether their role is to simply look at whether there's a nexus between some belief by the government that there's a national security interest at play and the limits to the national security exception.

Government Operations committee  Well, we certainly saw it in the MD Charlton case before the tribunal. The tribunal agreed that there were issues with the solicitation. But just on a broader level, I do. This idea of the blanket NSEs and running multiple solicitations under the NSEs and Canada's historical position and Canada's position in the HP decision as well that no justification is necessary is, to me, contrary to the trade agreements.

Government Operations committee  Thank you. Good morning, committee members, my name is Chris McLeod. I'm head of commercial litigation with Mann Lawyers in Ottawa. I have practised in the area of commercial litigation and public procurement law for my entire career. I was the lead counsel in the MD Charlton Co.