Thank you, Mr. Chair.
I just want to go through some other comments that have come up in relation to this case and get your reaction to them. I note that each case, obviously, has to be taken on its own merits and that these things are decided on a case-by-case basis with general principles. However, when asked about this matter, former B.C. attorney general Brian Smith, who now works at Gowlings, said:
I would say it’s quite legitimate for the prime minister to have a discussion with her about using that section, and quite legitimate for that to be a discussion in cabinet, and that’s something that she would take into account when she decided [to use] her discretion or not [to ask or direct that remediation be offered].
The interesting thing about that quote is that Mr. Smith resigned as the British Columbia attorney general in 1988 because he felt that he was improperly pressured by the premier's office on legal matters. He resigned his position due to what he deemed to be undue pressure.
An article in the Lawyer's Daily refers to law professor Andrew Flavelle Martin of the University of British Columbia and states:
In Martin’s view, it would be appropriate for the attorney general to consult with the PMO on remediation—“for example for the PMO to say: ‘We’re very concerned about the economic impact and the lost jobs that would occur—we think you should do this.’ That would be fine. To direct her to do something, or to pressure her to do something, or for example [to say] ‘Do it or you’re fired’—that would be inappropriate, and very, very serious.”
Mark Freiman of Toronto is a former deputy attorney general of Ontario and ex-chief counsel to the Air India inquiry. According to an article in the Lawyer's Daily:
Freiman noted, however, that the attorney general is obliged to consider the public interest in deciding whether to go to trial or offer remediation, and in assessing the public interest it is necessary and proper for her to consult and receive input, including from the government.
Again, these individuals, all with legal expertise, are publicly stating that it is appropriate for there to be these types of discussions, all, of course, on a case-by-case basis, and that the appropriateness will depend on each circumstance.
Do you agree with the formulation of those individuals as they've arrived at their conclusions?