Thank you, Mr. Chair.
Thank you, members of the committee.
My name is Michel Bédard, and I am the interim law clerk and parliamentary counsel for the House of Commons.
Thank you for the opportunity to explain and clarify the right of the House and its committees to send for papers and records.
As the grand inquisitor of the nation, the House of Commons has the right to institute and conduct inquiries, as well as to send for papers and records. These rights are part of the House of Commons' privileges, immunities and powers—oftentimes referred to as parliamentary privilege—that are constitutional in nature, as they are rooted in section 18 of the Constitution Act, 1867, as well as in its preamble.
These rights, including the constitutional nature of parliamentary privilege and the fundamental role of the House of Commons and its committees, have been recognized by the Supreme Court of Canada.
There is no limit to the right of the House of Commons and of its committee to order the production of documents, providing that the documents are available in paper or electronic format and are in Canada. This power is subject only to the exceptions and limits explicitly stipulated by Parliament, the House of Commons or its committees.
That said, when they exercise that power and identify the information required for a study, committees should seek to balance their role as a major investigator for the nation with legitimate public interest considerations that can justify limiting the public communication of the requested information to committee members.
When faced with a confidentiality claim, a committee has a number of options. It can decide not to insist on the production of the information or part of the information. It can also choose to put measures in place to safeguard the confidential nature of the information, such as considering the information during in camera meetings, or it can simply maintain its original request for information and insist on the production of the documents unredacted.
Thank you. That concludes my remarks.
I will be pleased to answer questions from committee members.