Mr. Speaker, as I understand the legislation, the judge involved does not represent the government. The judge does not speak for the government. The judge is in an impartial judicial appellate function. The law requires that a judge review, as in an appeal, the decision of the government to determine if it is reasonable or not. That is what the judge does.
There is a departmental advocate, so to speak, someone to carry the case for the government. That person knows everything, if the advocate has done his or her homework, about the individual. The judge can know everything and at the end of the process would know everything.
The special advocate will work on behalf of the person subject to the certificate but will be paid by the government, much in the way legal aid pays from time to time for representation in criminal courts. The fact that the government pays the special advocate does not create a barrier, as I look at it, with the individual.
However, the member raises a good point. We in this country are quite used to having that existing common law relationship of solicitor-client. I am wondering whether the fact that the government describes this position not as a lawyer or counsel but as a special advocate somehow alters the solicitor-client relationship.
That is an interesting question that I hope will come up in committee. Perhaps one or more of our law societies may choose to address just what exactly is the relationship, the obligation, of the special advocate to the person subject to the procedure.