Evidence of meeting #81 for Justice and Human Rights in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was commission.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Edward Livingstone  Senior Advisor and Senior General Counsel, Public Law and Legislative Services Sector, Department of Justice
Julie Besner  Senior Counsel, Public Law and Legislative Services Sector, Department of Justice

4:15 p.m.

Conservative

The Vice-Chair Conservative Rob Moore

I don't think this should take away from your time.

4:15 p.m.

Conservative

Larry Brock Conservative Brantford—Brant, ON

I don't think it should. I had gone 48 seconds into my six-minute round before I was interrupted by Mr. Maloney.

4:15 p.m.

Conservative

The Vice-Chair Conservative Rob Moore

Go ahead.

4:15 p.m.

Conservative

Larry Brock Conservative Brantford—Brant, ON

Thank you.

Can I get a response, Mr. Livingstone?

4:15 p.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

Mr. Chair, I'm going to insist that you make a ruling. In eight years here on the Hill, I've never seen this before. Perhaps you can take a moment to reflect and speak with the clerk and get some direction on the process, because unless I am way off base on a point of order, you are required to make a ruling and if you make a ruling there's a process in place to challenge the chair's ruling.

4:15 p.m.

Conservative

The Vice-Chair Conservative Rob Moore

Look, Mr. Maloney, it's Mr. Brock's time to ask a question. You're going to get your time if we ever move on beyond this point. Mr. Brock can continue to proceed with his question.

4:15 p.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

Is your ruling that you're not making a decision?

Let's just get this on the record. I want to be clear. I made a point of order. I've asked for a ruling.

Is your ruling that you're not going to make one?

4:15 p.m.

Conservative

The Vice-Chair Conservative Rob Moore

There hasn't been a ruling. We're doing Q and A.

4:15 p.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

Okay.

I'm asking for one, Mr. Chair. I am asking you to rule on the relevance of the question posed by Mr. Brock.

4:15 p.m.

Conservative

The Vice-Chair Conservative Rob Moore

That wouldn't be an appropriate ruling. We don't rule on relevance of these questions.

4:15 p.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

It's your role as chair, with all due respect, when there's a point of order to rule on relevance.

4:15 p.m.

Conservative

The Vice-Chair Conservative Rob Moore

No, the role of chair is to conduct the meeting. We have an order for speaking. Mr. Brock is able to ask his question.

4:15 p.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

No. Mr. Chair, with all due respect, that is out of line. You're required to make a ruling. If your ruling is that you're not going to make a ruling, I'll challenge that. I have never come across this before. I understand what you're trying to do. In your capacity that you're in right now, with all due respect, I think it's fair to all members of this committee and anybody, particularly the witnesses, that you address the issue.

4:15 p.m.

Conservative

The Vice-Chair Conservative Rob Moore

Mr. Maloney, Mr. Brock can proceed with his questions. There's nothing to rule on. Mr. Brock can proceed with the question and answer.

Mr. Housefather.

4:15 p.m.

Liberal

Anthony Housefather Liberal Mount Royal, QC

I think there's always a time and a place for questions and it's reasonable to ask questions, Mr. Chair, but the agenda of the meeting was Bill C-40, an act to amend the Criminal Code and to make consequential amendments to other acts and to repeal a regulation regarding miscarriage of justice reviews.

In the normal course, when witnesses are invited here, they are invited to speak to the issue that is on the agenda of the meeting. Now, of course, there's always flexibility. If somebody were invited here on a sports study and questions were posed to them on medical assistance in dying, I think it would be relevant to ask the question of relevance.

Here, I fail to see the correlation or the relevance between that question and the subject in the meeting. That's what I want to understand, Mr. Chair, what the relevance is.

4:15 p.m.

Conservative

The Vice-Chair Conservative Rob Moore

Look, I appreciate your comment, Mr. Housefather. I tend to agree with you, but in this case, when we have a minister, when we have a senior officials, I would err on the side of allowing you as members of Parliament the ability to ask the questions as you see fit. We're having this discussion on a piece of justice legislation and Mr. Brock has the floor.

I don't want any of this to take away from your time, Mr. Brock, because I think you were 40-some seconds in. Go ahead.

4:15 p.m.

Conservative

Larry Brock Conservative Brantford—Brant, ON

Thank you, Mr. Chair.

Can you confirm the time I have remaining, please?

4:15 p.m.

Conservative

The Vice-Chair Conservative Rob Moore

I would say five minutes and 10 seconds.

4:20 p.m.

Conservative

Larry Brock Conservative Brantford—Brant, ON

For the third or fourth time, Mr. Livingstone, perhaps I can get a response without interruption.

4:20 p.m.

Senior Advisor and Senior General Counsel, Public Law and Legislative Services Sector, Department of Justice

Edward Livingstone

I'm sorry. Can you repeat the question, please?

4:20 p.m.

Conservative

Larry Brock Conservative Brantford—Brant, ON

Absolutely.

This bill is about miscarriages of justice. I'd like to ask the officials some questions about a specific miscarriage of justice.

Mr. Livingstone, can you confirm that you were the justice department's point of contact on the RCMP's request to waive cabinet confidences and solicitor-client privileges concerning Justin Trudeau's efforts to pressure Jody Wilson-Raybould into offering a sweetheart deal to the Liberal-connected firm SNC-Lavalin?

4:20 p.m.

Senior Advisor and Senior General Counsel, Public Law and Legislative Services Sector, Department of Justice

Edward Livingstone

Mr. Chair, I'm assuming I'm not being asked to comment on the commentary, but in terms of being the point of contact, yes, I was.

4:20 p.m.

Conservative

Larry Brock Conservative Brantford—Brant, ON

Were you the primary point of contact?

4:20 p.m.

Senior Advisor and Senior General Counsel, Public Law and Legislative Services Sector, Department of Justice

Edward Livingstone

I don't know the answer to that. I don't know if there were other contacts.

4:20 p.m.

Conservative

Larry Brock Conservative Brantford—Brant, ON

Mr. Livingstone, why did the government refuse the RCMP's request for a full waiver of cabinet confidences?