Thank you, Mr. Chair.
I too am not as scholarly with respect to the rules of parliamentary law and procedure as perhaps my friend Mr. Comartin, but I am very familiar with the concept of undertakings as they're applied from the examination for discovery process.
I listened to Ms. Jennings very carefully and I am sure she is mistaken when she recounts what occurred on the day Mr. Head was before this committee. What he stated, if I recollect correctly—and I'd certainly be interested in another member's impression—is that he would provide the information. I don't believe there were any parameters. Ms. Jennings has stated he would provide the information in time for the committee to do its clause-by-clause examination. It's my recollection that he made no such representation.
An undertaking, certainly in the legal context—and there are a lot of lawyers in this room—is as narrow as the undertaking that is given. You can't add parameters to the undertaking after the undertaking has been given. So for Ms. Jennings to say this information would be provided in time for the committee to examine it before we went to clause-by-clause was not what he said. He said he'd provide the committee.
I still have not heard Mr. Comartin tell me that anybody has denied him this information. As I understand the complaint, it's simply a matter of timeliness. To make even a prima facie motion or to use the words of the learned Clerk O'Brien, the one that touches on privilege, I would have to submit to this committee that there would have to be at least a scintilla of inability to comply with what the witness said he would do.
As I recollect, the witness, Mr. Head, the commissioner of the Correctional Service of Canada, said he would provide certain information to the committee. There were no time parameters. He has not failed to comply with what he said he would do. Therefore, I'm asking you, Mr. Chair, to rule that Mr. Comartin's motion is out of order, it's premature. The undertaking has not not been complied with because timeliness was not an element of the undertaking that was given.