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Public Accounts committee  As Mr. Tardi indicated earlier, there are other proceedings where testimony has been given under oath that may give further indication of how the testimony given here was false or untruthful. I suppose in a sense the advantage you have is that the committee was the first step, so

February 7th, 2007Committee meeting

Rob Walsh

Public Accounts committee  I can only say, Mr. Williams, I'm not aware of it going the full distance, where someone has actually been taken before the bar and found in contempt. There may have been debates like we're having now in Parliament, on a number of occasions, about some witnesses. But I'm not awar

February 7th, 2007Committee meeting

Rob Walsh

Public Accounts committee  The only problem with that, Mr. Chairman, is that Mr. Williams might want to hold off the public discussion until you've had an opportunity, if you choose to do this, to hear from the witnesses about the discrepancies. If you publicly point out the discrepancies and how you fin

February 7th, 2007Committee meeting

Rob Walsh

Public Accounts committee  I don't know that the Attorney General is necessarily that concerned in what form the information reaches him or her. Once the information is there, he has a duty in the public interest to prosecute where a criminal offence has taken place or to not prosecute, along the lines tha

February 7th, 2007Committee meeting

Rob Walsh

Public Accounts committee  As far as the Attorney General is concerned, I don't believe he could insist that you go to the House. However, that might be the Attorney General's preference and it might be the House's preference that you do that.

February 7th, 2007Committee meeting

Rob Walsh

Public Accounts committee  My view is that yes, there is no need for the witness to be swearing on a Bible before he or she gives testimony. They are obliged to speak truthfully to a parliamentary committee. However, if you walk over and seek remedies under the Criminal Code, then the rules of the Crimin

February 7th, 2007Committee meeting

Rob Walsh

Public Accounts committee  Let me offer this in that regard. Technically and logically speaking, you're quite right. If you ever want to prosecute under the Criminal Code, perhaps that has to be there. But go to the dynamics of each meeting. I can remember many meetings where if the witness was already v

February 7th, 2007Committee meeting

Rob Walsh

Public Accounts committee  I don't recall that there was one. Frankly, the idea of a perjury prosecution or a holding for contempt in the House is like hanging a dead person, if you'll pardon the expression or the metaphor. By that point, with the damage done to the individual from the scrutiny given to

February 7th, 2007Committee meeting

Rob Walsh

Public Accounts committee  Mr. Chair, the simple answer to that, without being simplistic, is the old adage about beauty is in the beholder. Perjury is what the House considers in its judgment to be perjury. Having said that, it would want its judgment to be respected, so it ought to adhere to conventiona

February 7th, 2007Committee meeting

Rob Walsh

Public Accounts committee  Thank you, Mr. Chairman. I am pleased to be once again before the public accounts committee. It has been a while, in my case, as law clerk and parliamentary counsel. I have with me the senior parliamentary counsel, legal services, Greg Tardi, who has been working with Brian O'

February 7th, 2007Committee meeting

Rob Walsh

Bill C-2 (39th Parliament, 1st Session) committee  Chairman, I've already instructed the lawyers to stay here until the end of this meeting and make themselves available to members. Richard, I think, is able to stay as well. Certainly we're of service.

June 5th, 2006Committee meeting

Rob Walsh

Bill C-2 (39th Parliament, 1st Session) committee  I'm concerned by some comments made earlier that since there haven't been many instances of a problem under section 463, there is therefore nothing to be concerned about. As far as that goes, that's true. Again, some may feel I'm overstating the case, but I would like members of

June 5th, 2006Committee meeting

Rob Walsh

Bill C-2 (39th Parliament, 1st Session) committee  In answer to your question, Mr. Murphy, parliamentary privilege, and all that that is about, is constitutional in nature. The Conflict of Interest Act is a mere statute. If there are remedies available to a person, a minister, a parliamentary secretary, or a member with respect t

June 5th, 2006Committee meeting

Rob Walsh

Bill C-2 (39th Parliament, 1st Session) committee  The two can live together, but there is a priority; there is a hierarchy, and the constitutional prevails over the statutory.

June 5th, 2006Committee meeting

Rob Walsh

Bill C-2 (39th Parliament, 1st Session) committee  That's correct. Let me put it this way. Mr. Wild or any other Department of Justice lawyer who might be here and present himself or herself to assist the committee in considering a government bill may be asked questions that call for a legal answer, and you might see that as gi

June 5th, 2006Committee meeting

Rob Walsh