No.
Evidence of meeting #46 for Health in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was documents.
A recording is available from Parliament.
Evidence of meeting #46 for Health in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was documents.
A recording is available from Parliament.
5:05 p.m.
Liberal
The Chair Liberal Ron McKinnon
Pardon me, Ms. Rempel Garner, I've stopped your time. Your microphone is not connected properly.
5:05 p.m.
Conservative
5:05 p.m.
Liberal
The Chair Liberal Ron McKinnon
It's the interpreters who have the deepest concern about this. If you could just make sure that the sound is as good as we can make it for them, that would be good.
Have you verified that?
5:05 p.m.
Conservative
5:05 p.m.
Liberal
The Chair Liberal Ron McKinnon
Okay, we are trying to look after the interpreters as well, but I will resume your time now.
Go ahead, please.
5:05 p.m.
Conservative
Michelle Rempel Conservative Calgary Nose Hill, AB
Thank you, Chair.
Mr. Dufresne, in terms of possible next options for recourse of the committee, I am looking at the matters that were disclosed this afternoon with regard to the fact that the government has apparently.... The Attorney General has filed an application in Federal Court requesting an order to seal documents related to the National Microbiology Laboratory on the transfer of Ebola.
Are you aware of this filing by the Attorney General?
5:10 p.m.
Law Clerk and Parliamentary Counsel, House of Commons
From time to time there are proceedings in court. The role of my office in these proceedings is to represent the interests of the institution, the Speaker, and defending the privileges of the House. That's been done by my predecessors. It's been done by myself.
5:10 p.m.
Conservative
5:10 p.m.
Law Clerk and Parliamentary Counsel, House of Commons
In the specific context in terms of an order to produce documents, to my knowledge it has not.
5:10 p.m.
Conservative
Michelle Rempel Conservative Calgary Nose Hill, AB
Has the government taken the House to court over [Technical difficulty—Editor] documents [Technical difficulty—Editor] this Parliament?
5:10 p.m.
Law Clerk and Parliamentary Counsel, House of Commons
By this current Parliament, no.
5:10 p.m.
Conservative
Michelle Rempel Conservative Calgary Nose Hill, AB
Thank you.
What about previous sessions of this Parliament, such as the Speakers' Spotlight documents, for example?
5:10 p.m.
Law Clerk and Parliamentary Counsel, House of Commons
To my knowledge, no. This is something that we can look into and confirm in terms of precedence.
There have been precedents where privilege has been raised and determined in court.
5:10 p.m.
Conservative
Michelle Rempel Conservative Calgary Nose Hill, AB
My understanding is that Parliament is immune from judicial intervention. Is that correct?
5:10 p.m.
Law Clerk and Parliamentary Counsel, House of Commons
If a matter falls under parliamentary privilege, then the House will have exclusive authority. That's the position I will be taking.
5:10 p.m.
Conservative
Michelle Rempel Conservative Calgary Nose Hill, AB
Thank you.
Can you assure the members of the committee that the rights of Parliament will be defended against this court application from the government?
5:10 p.m.
Law Clerk and Parliamentary Counsel, House of Commons
I can confirm that I've been instructed by the Speaker of the House of Commons to challenge the jurisdiction of the court in this matter [Technical difficulty—Editor] parliamentary privilege.
5:10 p.m.
Liberal
The Chair Liberal Ron McKinnon
Mr. Van Bynen, go ahead on a point of order.
Ms. Rempel Garner, your time is stopped.
5:10 p.m.
Liberal
Tony Van Bynen Liberal Newmarket—Aurora, ON
My point is with respect to relevance, Mr. Chair. The issue we're discussing is not relative to HESA.
5:10 p.m.
Conservative
Michelle Rempel Conservative Calgary Nose Hill, AB
I would argue that it is directly material, Chair. It is directly related to the item at hand, but I understand—
5:10 p.m.
Liberal
Tony Van Bynen Liberal Newmarket—Aurora, ON
Mr. Chair, how are the documents relative to the Canada-China relationship?