Justice Committee on March 23rd, 2010

[John Sims, Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice]

If I may, in the first instance, it's up to public servants in the affected departments to search for the documents that are relevant as relating to the heads of categories in the mandate, and then at the end of this production of documents to him, he is expecting a certificate from public servants attesting to the fact that we have found all relevant documents, to the best of our ability, to deliver to him.

[Ujjal Dosanjh, Liberal, Vancouver South, BC]

Relevant in terms of the limited mandate that he has and the terms of reference. The terms of reference refer to the documents that may have been asked for in the motion.

There are documents that are relevant and would appear to continue to become relevant in view of what the committee might be hearing. As those areas become relevant, would those documents...? For instance, the JTF-2 documents--we now have reports that there are some allegations, particularly with respect to the U.S. forces, and our forces work with them... There may have been some extrajudicial killings, and that's why McChrystal has restructured the reporting. Would those documents relevant to that particular area be placed before Mr. Iacobucci?

[Rob Nicholson, Conservative, Niagara Falls, ON]

Again, Mr. Dosanjh, I indicated all relevant documents. He'll be guided by the mandate, as you say. You said “limited mandate”. It actually is expansive in the sense that it now goes back to 2001, which is of course the beginning of our involvement in Afghanistan.

[Ujjal Dosanjh, Liberal, Vancouver South, BC]

It goes to 2001, with respect to certain kinds of documents.

[Rob Nicholson, Conservative, Niagara Falls, ON]

If you have allegations from other years or something, please make them. I understand your concern with respect to these Taliban prisoners. But, again, whatever you're suggesting, let us hear it.

[Ujjal Dosanjh, Liberal, Vancouver South, BC]

I'm not making allegations. I'm simply saying to you that the terms of reference are limited, you would agree, to certain heads that were in the motion, sir.

I am saying to you that the relevance of documents is much broader. It covers a much broader area than just the motion. Would other documents that we may point out or that others may point out to Mr. Iacobucci be--

[Rob Nicholson, Conservative, Niagara Falls, ON]

In his reference, it's “all relevant documents”, including those between 2001 and 2005.

[Ujjal Dosanjh, Liberal, Vancouver South, BC]

Let me ask you a further question with respect to solicitor-client privilege.

He would be reviewing the documents and providing his opinion to you. Would you be claiming solicitor-client privilege vis-à-vis any part or all of the opinion?

[Rob Nicholson, Conservative, Niagara Falls, ON]

I think I'll wait for Mr. Iacobucci's report, Mr. Dosanjh, and I think you should as well.

[Ujjal Dosanjh, Liberal, Vancouver South, BC]

No. Why would you wait?

[Rob Nicholson, Conservative, Niagara Falls, ON]

This is undertaken--

[Ujjal Dosanjh, Liberal, Vancouver South, BC]

Sir, I have a question for you.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Again, you're asking me a hypothetical question.

[Ujjal Dosanjh, Liberal, Vancouver South, BC]

No, I'm not asking you a hypothetical question.

[Rob Nicholson, Conservative, Niagara Falls, ON]

You did. You asked if I would do something if somebody--

[Ujjal Dosanjh, Liberal, Vancouver South, BC]

I am absolutely not asking you a hypothetical question. You have hired him as an advisor, you say, and I say as just a lawyer. Would you be claiming any solicitor-client privilege at all with respect to Mr. Iacobucci's review?

[Rob Nicholson, Conservative, Niagara Falls, ON]

Again, you said he's just a lawyer. He's hired under section 127 of the Public Service Employment Act, Mr. Dosanjh. His mandate is clear under the terms of reference, and, again, I refer those to you. I wait for his advice, and, again, I look forward to that.

[Ujjal Dosanjh, Liberal, Vancouver South, BC]

But you haven't answered the question. Would the government be claiming solicitor-client privilege with respect to any portion of his opinion, or would it release the complete opinion to the public without claiming solicitor-client privilege?

[Rob Nicholson, Conservative, Niagara Falls, ON]

Again, it's a report, and, again, we'll deal with that when we get it. I've indicated very clearly in the House, and with respect to the terms of reference, what we'll do.

[Ujjal Dosanjh, Liberal, Vancouver South, BC]

So you have every intention of claiming solicitor-client privilege--

[Rob Nicholson, Conservative, Niagara Falls, ON]

I didn't say that.

[Ujjal Dosanjh, Liberal, Vancouver South, BC]

--if you deem it appropriate.

[Rob Nicholson, Conservative, Niagara Falls, ON]

I didn't say that.

You're asking me a hypothetical question. I'll wait to see Justice Iacobucci's report.

[Ujjal Dosanjh, Liberal, Vancouver South, BC]

But you haven't said otherwise either, sir.

It's not hypothetical, sir. You've hired him as a special advisor, you say.

[Rob Nicholson, Conservative, Niagara Falls, ON]

You've asked what I will do in the future. I indicated to you that we look forward, and we'll accept the advice of Mr. Justice Iacobucci.