Mr. Speaker, this inquiry was launched under the Inquiries Act. Section 13 gives the commissioner very broad powers. He gave an opening statement when he started last September indicating that he had the power to find misconduct and ascribe responsibility. That is very clear. However he cannot find a party guilty of a criminal proceeding or ascribe civil responsibility. To quote the words of the member for Calgary--Nose Hill, “clause (k) prohibits Gomery naming anyone as a guilty party”.
The member for Central Nova should know that we deal with a well-developed system of justice. When a person is charged with a criminal offence it is usually done by an indictment or summary conviction. There is disclosure. The accused person has the right to retain and instruct counsel. There is a very extensive well-known procedure on evidential rules. A trial is held, and if the prosecutorial arm of government is able to prove guilt beyond a reasonable doubt, the person is found guilty and sanctions are imposed.
If I follow the logic of the motion, all of that is thrown out the door. According to the words of the member for Calgary--Nose Hill, Mr. Gomery can find the guilty party and I guess the sentencing would be left to another judge.
I have two questions for the member. All of this is codified in our Charter of Rights and Freedoms. Do you agree with me as I think most other lawyers--