Mr. Speaker, I thank the member for giving a very good summary of his concerns and opinion on Motion No. 9, which seeks to delete proposed sections 41.4 and 41.5 in their totality from the bill as reprinted from the committee.
When I reviewed this, one of the issues I flagged was that it suggests in proposed subsection 41.4(4) that the committee shall provide the judge with a copy of the opinion of the committee and “the judge shall consider...”. That is where I stopped, because the point on the independence of the judiciary certainly was a very important aspect.
I do not think we can legislate that a judge “shall” do anything. We went through a process where there was a review of the sponsorship program by the Standing Committee on Public Accounts. A number of those matters went forward to a judicial inquiry. Subsequent to that, there have been legal proceedings.
Is this the kind of thing that the member is suggesting shall not happen in the future in terms of a committee undertaking at its discretion or being designated to be a quasi-judicial review committee for purposes of identifying wrongdoings that may be subject to prosecution under the laws of Canada? If so, is this in fact changing a practice that already exists in Parliament?