Justice Committee on Feb. 27th, 2019

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

That's very generous of you. Thank you, Mr. Chair.

I just wanted to make sure Ms. Wilson-Raybould's comments were clear in my mind. I think it's important that all Canadians, all voters, understand this aspect. It's no trivial matter, after all.

[The Chair, Liberal, Anthony Housefather]

Again, I'm not saying…. I'm not passing judgment on whether or not your question is important. I'm simply indicating that your three minutes are up, but you can have another 30 seconds, if you'd like.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Thank you, Mr. Chair.

Ms. Wilson-Raybould, I have just 30 seconds. My apologies.

Was your decision not to intervene in the matter, not to pursue a remediation agreement, based on one of the conditions prescribed by law, in the Criminal Code?

[The Chair, Liberal, Anthony Housefather]

The sub judice rule clearly applies. That falls directly under the sub judice rule. I would advise the witness—

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Mr. Chair, it doesn't fall directly under the sub judice rule. I wasn't asking what the reason was; I was asking whether the reason fell within the criteria.

[The Chair, Liberal, Anthony Housefather]

It will be up to the witness, if she—

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

I think the witness can answer, actually. Thank you, Mr. Chair. I'll let Ms. Wilson-Raybould answer.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

I will not answer that question.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Thank you, Ms. Wilson-Raybould.

[The Chair, Liberal, Anthony Housefather]

Thank you.

Mr. Weir.

[Erin Weir, Independent, Regina—Lewvan, SK]

Thanks very much for this opportunity. Ms. Wilson-Raybould, thanks very much for your extensive and informative testimony.

I'd like to ask you to expand a bit on the idea of separating the role of Attorney General from that of the Minister of Justice. It seems that under our current system, the Prime Minister could choose to appoint two different people to those posts. Is that what you would recommend, or do you envision making the Attorney General an officer of Parliament or somehow officially separating it from the government?

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

I don't want to get too far in advance. I really hope that the committee will consider looking at studying this. I always try to look for ways to move forward. I think it would be entirely appropriate for this committee to look at different models, internationally. I mentioned the United Kingdom, where the Attorney General is not a member of cabinet.

The two hats that the Minister of Justice and Attorney General wears here in our country are completely different. I think there would be merit to talking about having those as two separate individuals, obviously after much discussion and study. It's the prerogative of the government and the Prime Minister of the time, what they would choose to do in that regard.

[Erin Weir, Independent, Regina—Lewvan, SK]

Is that an idea you ever floated to the Prime Minister or to the Clerk of the Privy Council Office?

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

I would say no, because I can't remember a concrete discussion that we had, but there have been times when I've raised the issue internally with individuals when I was the minister, and potentially, I could have had conversations with other colleagues.

[Erin Weir, Independent, Regina—Lewvan, SK]

You were asked about whether you supported deferred prosecution agreements. I don't want to push that question again. I do want to ask, though, if you could describe what the ideal candidate for a deferred prosecution might be.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

I think that it's a tool, the deferred prosecution agreement, and considerations that the director of public prosecutions or prosecutors can take into account are delineated and articulated within the Criminal Code.

[Erin Weir, Independent, Regina—Lewvan, SK]

Okay. That's good for me.

[The Chair, Liberal, Anthony Housefather]

Thank you so much.

I want to take this opportunity to thank Ms. Wilson-Raybould very much for her testimony. It's very much appreciated.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

Thank you.

[The Chair, Liberal, Anthony Housefather]

We are on Mr. Rankin's motion, and we've been asked for a short pause to consider discussion.

Could I just say the meeting is suspended for five minutes?

[An hon. member]

That's perfect.

[The Chair, Liberal, Anthony Housefather]

The meeting is resumed.

Mr. Rankin, the floor is yours.

[Murray Rankin, NDP, Victoria, BC]

I don't know if you need me to read the motion again, Chair.

[The Chair, Liberal, Anthony Housefather]

Sure, why not read it for the record?

[Murray Rankin, NDP, Victoria, BC]

I'll just read it again:

That, in the interest of transparency and accountability, the justice committee call upon the Prime Minister and the Governor in Council to waive solicitor-client privilege and cabinet confidentiality relating to the SNC-Lavalin issue, so that the former Attorney General can inform the justice committee of any relevant information with respect to the period subsequent to her ceasing to serve as Attorney General of Canada on January 14, 2019.