I thank the member for Durham for pointing that out. We worked in the same firm, but not contemporaneously. He has suggested that it already has, and again, he is substituting his mind for other legal minds. I know, despite that, that he is a humble man.
Solicitor-client privilege is a basic tenet of our democracy, of common law courts more particularly. As applied to the relationship between the Prime Minister's Office and the Attorney General, it has a number of particular legal twists. However, the fundamental tenet remains the same. It allows the client, in this case the Governor in Council or the Prime Minster's Office, whatever we call it, to get full, complete counsel on matters that are of capital importance. The corresponding role of the lawyer is to give free and unfettered advice back.
Again, as many members have pointed out, it is a privilege that can be waived by the proverbial client. Whether it should be is an entirely different consideration, because we are talking about complex matters that, as we have seen in the last week, have been highly politicized and based on what we know to be, so far, unsubstantiated reports.
Members may take different positions on this motion, and indeed different positions may be taken within our caucus and with respect to other parties in the House, but there is a level of prematurity here that we cannot deny.
I have heard a number of arguments given here today. I am studying the motion, and indeed, my colleagues are studying the motion, in depth. We need to take a deep look at where we want to go with this. These are matters before the court, and as I mentioned, I am in no position to, nor should I necessarily have to, defend one of Canada's largest companies. It has wise counsel.
Yes, there may very well be jobs at risk, regardless of the province they lie in. I have no direct evidence that discussions occurred, but the very difficult discussions that may have occurred between the Prime Minister's Office and the former attorney general were most likely appropriate under the circumstances, and correspondingly, the former attorney general's advice had to be heeded. Attempting to open that process to a highly politicized inquiry through which members may very well, wittingly or unwittingly, compromise judicial positions in court, with potentially unintended consequences, is cavalier, particularly in the face of unsubstantiated evidence.
I would readily concede that we do not know enough. The issue is whether we are publicly entitled to know enough. The only things that prevent that are solicitor-client privilege, which is a basic tenet of a pluralistic democracy, and various levels of confidentiality that may or may not be asserted. This lies at the very core of what we are as a country and as a democracy, which is respect for the division of powers, respect for judicial process and respect for the right to be presumed innocent until proven otherwise in a court of law.
I respectfully submit to the House that before implicating any particular company, or importantly, any person, it is important that we exercise the requisite prudence and refrain from discussing these matters, not only to protect the parties but because the trial could be affected by debate and conjecture in the House.
I ask all my colleagues in the House to join me in reflecting on the importance of maintaining respect for the sub judice convention and the broader constitutional principles that have been developed specifically to protect criminal matters and related proceedings.