Madam Speaker, the member for Durham shares the same profession as me, not just in this chamber but also as a lawyer, called to the Law Society of Ontario. When something is before the courts, as the issue of the third-party production of documents that relate to Vice-Admiral Norman's ability to marshal a defence is, it is a serious matter. It is before the courts in the province the member for Durham and I share. There is a judge actively deliberating on this very matter we are discussing.
There is a very important reason parliamentarians are under the rubric and the circumscription of the sub judice rule. It is so we do not say things that might unduly influence or be perceived to influence a judge sitting in the province of Ontario deliberating on this very matter.
The rationale is articulated this way:
Members are expected to refrain from discussing matters before the courts, or under judicial consideration, in order to protect those involved in a court action or judicial inquiry against any undue influence through the discussion of the case.... It is deemed improper for a Member, in posing a question, or a Minister in responding to a question, to comment on any matter that is [before the courts].
That quote was actually used by the member for Durham's former colleague, Peter Van Loan. I am just wondering why he does not believe it is applicable in this case.