Mr. Speaker, with all due respect, I would be inclined to disagree with the government representative.
As has been cited by my colleague from the New Democratic Party, the House does have a role to play when a committee is behaving in the manner in which it is currently behaving. He articulated quite well why it is that we have a role to play. We need to recognize the whole issue that was brought up by the member for Peterborough. One could look at it in terms of the motivations. However, for now let us strictly speak in terms of what has actually taken place because of this motion.
We all recognize the importance of judicial independence and respect for our courts. We recognize the role played by the law clerk and parliamentary counsel. We also recognize the role that we play in the House and the role that our committees are supposed to play. At times, I suspect we see actions that are lacking in respect of one of those jurisdictions. I believe, as the NDP House leader has pointed out, that we have witnessed that taking place over the last little while.
It is true that our standing committees have a great deal of freedom and discretion to do a wide variety of things. We do not question that; rather, we encourage it. However, when a committee crosses the line it is our responsibility to look into the matter and ensure that corrective action is taken. That is why we within the Liberal Party support the point that has been brought forward by the New Democratic House leader.
I would suggest the House does have the authority to look over what has taken place in the committee and to take action in order to make sure that there is respect for judicial independence. We know that the issue before us is before the Federal Court. There is ongoing litigation. A lot of details will be put before the court. To be open and fair, to have the committee perform in the way in which it has been shows a lack of respect for that judicial independence.
I will quote specifically from Mr. Walsh, the Law Clerk and Parliamentary Counsel, who stated:
A Committee should not, in my view, take on the role of a court--or even appear to take on the role of a court--by addressing whether the position taken by a party to a pending legal dispute is correct. To do so is to encroach upon--or appear to encroach upon--the constitutional function of the courts which would offend the sub judice convention, the principle of the separation of powers between the judicial and legislative functions and possibly call into question the validity of the Committee's proceedings.
Mr. Walsh is not a partisan individual. He is indeed the Law Clerk and Parliamentary Counsel. We should all make note of what he is saying and acknowledge that the committee has gone too far.
I make reference to the motion itself. One could call into question its motivation. To say the least, we all know that the government has not been friendly in terms of the CBC. Many within the government's ranks would like to see the demise of the CBC. I believe there might be a hidden agenda behind that motion. That is why I believe that, at the end of the day, we have to ensure that the right thing is done here.
Mr. Speaker, the government has stepped over the line. We suggest that the government do the honourable thing because I suspect that it has put you and others in a fairly awkward position.
I believe that if the government read the letter that our law clerk has provided, it would come to the same conclusions as the Liberals and the New Democrats already have, and that is that the motion is not appropriate.
In coming up with that conclusion, I would suggest that the government House leader and the government of the day would be doing a service to the House if they would just agree to withdraw or suspend, do whatever is necessary in order to resolve this matter so that we are more in keeping with the spirit of the importance of judicial independence and respect of our courts.
We stand in support of the point of order that has been raised by the House leader of the official opposition.