I actually wrote to the law clerk asking for advice. As we all know, witnesses enjoy the same privileges as MPs do at committee and in the House. They cite a number of examples. I'd circulate this, but it's only in English. Unfortunately, what you've just circulated from the clerk was only in English, and I just caution that we shouldn't be doing that.
Despite the fact that he received legal counsel, he may not have received the best legal counsel on whether or not to appear. The law clerk pointed out to me that witnesses who appear before committees are also protected from arrest and molestation as are members of Parliament, and that the legal proceedings up until this point in time have not been able to be inserted into a court of law.
In particular, the law clerk made mention of the sponsorship scandal and testimony provided by former minister Alfonso Gagliano. In that situation, the Quebec Superior Court actually struck any use of testimony from committee in legal proceedings. If Mr. Walbourne does appear because we've passed a formal motion to summon him, then he would be afforded the same protections that each and every one of us are afforded.
I would also just add that we're talking about whether or not we can force a witness to appear. I believe the rule on that is that the committee could go the next step after issuing a summons based upon a motion from the committee that was transcribed into a letter from the clerk to Mr. Walbourne, if we wanted to. If he still declines it and if we decide to want to go one step further, we could then pass a motion to take to the House and to the Speaker to ultimately subpoena him to appear.
I'll make the argument that, based upon all the reporting that has gone on, it seems that a meeting took place in March 2018 that first raised the spectre of sexual misconduct on behalf of the former chief of the defence staff. Minister Sajjan obfuscated when he was at committee on Friday over whether or not that meeting took place. I think we need to have Mr. Walbourne appear at this committee.
I encourage colleagues to support this motion, so that we can get down to the bottom of this and ultimately, without tainting the investigation on General Vance that is taking place right now, start setting the processes in motion to change the way sexual misconduct is reported and how organizations within the Canadian Armed Forces and National Defence operate. We can make the place more protected and safer for all members of the Canadian Armed Forces, so that they can operate in a respectful and welcoming manner.