Madam Speaker, I think I have already answered that question. It would be for the same reasons that the Liberals used to create the Gomery commission, knowing as they did that the individuals were facing charges.
In my opinion, common law, with its rules dictating the precautions that must be taken to ensure the courts can render impartial decisions without undue influence, is much more flexible than civil law, which seeks to set out specific rules in clear regulations.
I have always preferred the rule of common law, because it is flexible: it depends on the circumstances. It means that the courts can render their decision without undue outside influences. That is what the member is referring to, I believe: the member is afraid that a commission of inquiry might have an undue influence on the decision of the courts.
However, people say that the higher the court, the less susceptible it is to outside influences. That is why judges are appointed for life or until retirement during good behaviour. Also, judges are taught to base their determination solely on admissible evidence, something that jurors are not trained to do. That is why it is best to protect the independence of jurors by not making certain things public.
This rule has evolved over time. I know, for example, that, with regard to the October crisis, the coroner's inquest was held up until after the trial of one of the accused.
However, the rules have changed, and there is clear evidence of this: charges were laid in connection with the sponsorship scandal, then the Liberals created a commission of inquiry into that scandal.
As a criminal lawyer, I have defended some highly publicized cases, such as the one involving Officer Gosset, who had the misfortune of accidentally killing—so I believe and two juries believed—a black man on November 11, 1987. This was one of the most highly publicized cases I have ever defended. The case was tried before two juries in Montreal, and I am convinced that they were able to set aside the information they had heard.
I do not, therefore, see how the Attorney General of British Columbia could be influenced either way by the creation of a commission of inquiry. I am absolutely certain that the British Columbia appeal court would not be influenced, and I am even more certain that, if it goes to the Supreme Court, there will be no influence whatsoever. If, after these long legal debates, it were to end up before another jury, that jury would be as intelligent as any other Canadian jury that has had to reach a verdict on a very high profile case. At any rate, as time passes, any verdict would be based solely on the evidence presented.