Evidence of meeting #4 for Access to Information, Privacy and Ethics in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was schreiber.
A recording is available from Parliament.
Liberal
Charles Hubbard Liberal Miramichi, NB
Mr. Chair, on a point of order, what I asked was whether it was received.
Now, we can prepare a summons, and we can ask it to be sent, but has it been received?
That's what I asked the chair.
Liberal
The Chair Liberal Paul Szabo
Mr. Tilson, would it be all right if we cleared this point up before we go to you? Would that be okay? I think it might be helpful.
Mr. Walsh, please.
Law Clerk and Parliamentary Counsel, House of Commons
I would think the clerk might be in a position to indicate whether there's confirmation of receipt.
The Clerk of the Committee Mr. Richard Rumas
Mr. Chair, the summons was in fact faxed to the superintendent of the Toronto West Detention Centre yesterday, because he has to screen all of Mr. Schreiber's incoming mail. The summons was also sent to a lawyer for the Ontario Ministry of the Solicitor General.
The original went overnight to the detention centre. I don't have any word on whether it was hand delivered, but I presume it was by the bailiff this morning.
November 27th, 2007 / 11:45 a.m.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
Yes, I heard different terms being used. I've heard the words “summons”, “order of surrender”, “order received”, “Speaker's warrant”, “order of the House”. Justice Minister Nicholson talked about “approval of the House”.
So something's been sent—the summons, I assume—to Mr. Schreiber, and you're saying he has to appear based on that document. Maybe you didn't say that, but you can clarify it.
My question is this. With all of these terms, is that enough or is Mr. Nicholson right that this matter has to go to the House before any Speaker's warrant can be issued, that there must be an order from Parliament, from the House of Commons, as opposed to this committee, for...? I gather that what's being said is that it's a separate order, a separate document.
Law Clerk and Parliamentary Counsel, House of Commons
Mr. Nicholson, in his letter of November 27, points out that this process you describe...and I would agree that if there's a Speaker's warrant to be issued for this purpose, it would be done pursuant to an order of the House. But he also goes on to say, “In our system of government, having regard to the separation of powers....”
Well, that's true, but it's not the absolute separation that the Americans have. We have ministers of the crown sitting in the House, so we have a fusion of the executive and the legislative, to an extent, in the House. That's the genius of the parliamentary system of government, and it is meant to enable there to be a working out of the exercise of the respective powers in a way that enables public business to be handled effectively.
Conservative
Conservative
David Tilson Conservative Dufferin—Caledon, ON
My question was, does this matter, before it goes any further—and I don't mean to contradict you—
Conservative
David Tilson Conservative Dufferin—Caledon, ON
—have to go to the House? Does this matter have to go to the House, where Parliament makes an order on a motion directing the Speaker to issue a Speaker's warrant?
Law Clerk and Parliamentary Counsel, House of Commons
In parliamentary terms, Mr. Chairman, the matter from here would go to the House.
Conservative
Liberal
The Chair Liberal Paul Szabo
Carry on. I think it's relevant, and I think members will want to hear this.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
So if this committee does something, the next step.... This is all new to me, quite frankly, and I have a feeling it's new to everybody. After this committee makes a decision to do something, as it has already done—well, one side has—then the matter has to go to the House for a debate?
Law Clerk and Parliamentary Counsel, House of Commons
The committee would make a report to the House and the matter would be handled by the House in such a manner as the House considers appropriate.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
So that would be an order directing the Speaker to issue something—namely, a Speaker's warrant. Is that where that term comes in?
Liberal
The Chair Liberal Paul Szabo
Members, I would like to repeat that with regard to everything I have done and reported to you, you will find the motion and reference and discussion in the transcripts of our last meeting. I have not done anything beyond what is in those transcripts. That is the order of this committee.
So I want to assure all members that this is the case. I'm the chair. I don't debate, and I don't have a position. I'm here to help the committee facilitate its proceedings.
Law Clerk and Parliamentary Counsel, House of Commons
May I please clarify my answer to the member?
Liberal
The Chair Liberal Paul Szabo
Mr. Walsh wants to clarify.
Order, please.
Mr. Walsh would like to clarify his previous answer.