Mr. Speaker, I appreciate the question because it allows me the opportunity to make a crucial distinction which seems to be lost on those representing the motion. Justice Gomery, as the commissioner, already has the power to draw conclusions of misconduct against individuals under section 13 of the Inquiries Act pursuant to which, as I mentioned, the Gomery commission's mandate has been framed.
Therefore, he can draw in that sense conclusions of misconduct with respect to individuals. With regard to that, if that would be the objective of the motion, it would be redundant. In other words what is the point of amending a mandate to include a power that is already there? That would make no sense and would have prejudicial consequences in the manner in which it might retard or delay the ongoing process of the inquiry in terms of inviting legal challenges and the like because it would come at the end of this judicial Gomery process.
On the other hand, if the motion seeks to assign civil or criminal liability against individuals, such an amendment is prohibited by the rule of law among other things because it would jeopardize the very inquiry for the reasons that I mentioned earlier. It appears from what the member opposite has just said, in terms of recommending charges against individuals, that is what the motion seeks.
Therefore, the hon. member cannot have it both ways. If he wants to amend this statutory mandate of Justice Gomery with respect to allowing conclusions of misconduct to be drawn against individuals, that power is already there. The very proposing of an amendment is not only redundant but prejudicial.
If as it appears from his own remarks he is seeking to convert the Gomery commission into a police type power investigation, that is prohibited by the rule of law. The Gomery commission does not have the power to assign civil or criminal liability with respect to any individual. Should it seek to do what the hon. member just mentioned, it would derail the entire commission of inquiry. It would put an end to any criminal prosecutions. It would undermine all the shared purposes that we have in getting at the truth. Frankly, and I respect his intentions, it would bring about the very opposite of what he seeks, namely to get at the truth in accordance with the rule of law.