Justice Committee on Feb. 11th, 2009

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

That's not covered by solicitor-client privilege.

[Brian J. Saunders]

I wouldn't think so, no.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

You see, I was hoping you would say there was solicitor-client privilege; he's the client; he can direct you to do you whatever he wants, give you instructions. But you didn't answer it that way, so that's good. I feel safer now.

Thank you.

[The Chair, Conservative, Ed Fast]

Thank you, Mr. Murphy.

Last question, Mr. Moore.

[Rob Moore, Conservative, Fundy Royal, NB]

I'm glad Mr. Murphy feels safe. There seems to be a bit of a divide. I guess on this side we understand solicitor-client privilege a bit, but I'm a little surprised at some of my colleagues over there--

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

From your years of experience, no doubt, Rob.

[Rob Moore, Conservative, Fundy Royal, NB]

From my years of experience, that's right.

Mr. Saunders, you did mention one thing that I found interesting, and it's specific to New Brunswick. Whether it's an RCMP or municipal force bringing a charge, that determines in some cases--it could be perhaps an identical facts scenario--whether your group or a provincial body prosecutes the case. It's kind of an interesting scenario, and I'm wondering if you can give me a bit of the history on it.

I'm thinking of areas near where I live, let's say Kings County. We have some municipal forces and we have an RCMP force as well. Criminals know no boundaries, and there is certainly an overlap there of prosecutorial responsibility for agents who are on the ground there. I'm wondering how that plays out. We do have RCMP policing in New Brunswick as well as several municipal forces. Why that unique situation, and how does it work in practice?

[Brian J. Saunders]

It's not a unique situation; the situation also obtains in Quebec. It's a situation that we inherited. It flows from the definition, under the Controlled Drugs and Substances Act, of Attorney General, defined as the Attorney General of Canada or the Attorney General of a province if the province conducts the prosecution or commences the prosecution.

The practice arose, I think, in Quebec and New Brunswick, where the municipal police authorities, or in Quebec the QPP, would go to the provincial prosecution services to conduct prosecutions of drug offences that they had investigated. The RCMP would come then to the federal prosecution service and now to us.

I might add that in New Brunswick I've been having discussions with Mr. Abbott, who is the head of the New Brunswick prosecution service. We have decided to deal with the very situation that you have raised. We will attempt to set out an agreement between the two organizations on the division of responsibilities so that it's clear to the law force agencies involved.

[Rob Moore, Conservative, Fundy Royal, NB]

Thanks. That answers my question. And thanks for being here today.

[The Chair, Conservative, Ed Fast]

Thank you, Mr. Saunders, for attending and sharing with us. We wish you well as you continue to serve Canadians.

[Brian J. Saunders]

Thank you.

[The Chair, Conservative, Ed Fast]

As a follow-up, typically there's a motion.

Monsieur Ménard.

[Réal Ménard, Bloc, Hochelaga, QC]

I would like to present the following motion, Mr. Chairman, if it is the will of the committee:

That pursuant to the order of reference of February 4, 2009, and Subsection 4(4) of the Director of Public Prosecutions Act, the proposed appointment of Brian J. Saunders to the position of Director of Public Prosecutions be approved and that the Committee report such to the House.

[The Chair, Conservative, Ed Fast]

We have a motion on the table.

Is there any discussion?

Mr. Comartin.

[Joe Comartin, NDP, Windsor—Tecumseh, ON]

I'm going to be voting against the motion, but because I sat on the review committee I am not in a position to explain why I'm doing that. I don't really think there's anything more I can say in that regard, but I will put that on the record.

[The Chair, Conservative, Ed Fast]

Thank you, Mr. Comartin.

Is there anyone else? Seeing no one, I'll call the question.

(Motion agreed to)

[The Chair, Conservative, Ed Fast]

Thank you, Mr. Saunders.

[Some hon. members]

Hear, Hear!

[The Chair, Conservative, Ed Fast]

Right now we'll suspend and go into in camera. We'll allow five minutes for the room to clear.

[Proceedings continue in camera]