Evidence of meeting #135 for Official Languages in the 42nd Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was federal.
A recording is available from Parliament.
Professor, Faculty of Law, Common Law Section, University of Ottawa, As an Individual
You could proceed in a more prescriptive fashion through the act, by using a wording that would encourage the commissioner not to hesitate to use the powers conferred by the act. If that act gives him the necessary tools, he needs to use them.
Conservative
The Vice-Chair Conservative Alupa Clarke
Does the act specifically state that the commissioner has the discretion to choose for himself?
Professor, Faculty of Law, Common Law Section, University of Ottawa, As an Individual
Conservative
Professor, Faculty of Law, Common Law Section, University of Ottawa, As an Individual
As an ombudsman, the commissioner conducts investigations. If you put that question to Ontario commissioner François Boileau or former federal commissioner Graham Fraser, both of whom conducted many investigations, they'll tell you that every investigation is different, so they need a certain amount of leeway in order to adapt accordingly. That means that this discretionary power should be maintained, but at the same time, you should be educating commissioners on the importance of the powers they have, to encourage them to make use of them.
Conservative
The Vice-Chair Conservative Alupa Clarke
Dr. Larocque, on behalf of the committee, thank you so much for sharing your valuable time with us. We may invite you back soon.
Until then, we wish you the best of luck with your research. Have a great day.
Professor, Faculty of Law, Common Law Section, University of Ottawa, As an Individual
Thank you, Mr. Clarke, and thanks to all the members.