Mr. Speaker, I have heard a number of members speak to an issue that I think is very important for you in assessing this ruling, and that is what kind of fetters may or may not exist to the House's power to order documents. There was a suggestion made that government officials may validly refuse an order of production from the House if they believe that another law prevents them from doing that.
I just want to bring to your attention, Mr. Speaker, a letter that was sent to the Standing Committee on Health, dated March 20, 2020, signed by Philippe Dufresne, the Law Clerk and Parliamentary Counsel. In this letter, he said:
...we reminded the government officials that the House's and its committees' powers to order the production of records is absolute and unfettered as it constitutes a constitutional parliamentary privilege that supersedes statutory obligations.
When some of my hon. colleagues say things like that the Evidence Act, which is another statute of this House, prevents Mr. Stewart or someone else from disclosing documents, or maybe it is the National Security Act or other considerations, those are all other statutes of the House that very clearly are superseded by Parliament's constitutional authority to order the production of documents.
My final brief point is this. There seems to be a suggestion that national security would be compromised were the government to comply with your ruling, Mr. Speaker. If I am not mistaken, your ruling and the subject matter of the order do require the documents to be reviewed by the law clerk for national security reasons. The real issue here is who does that. It is the will of the House that it is the law clerk of the House of Commons who will be doing the redacting, whereas the government seems to be suggesting that it has the right to pre-redact. I think that is leading to confusion and misunderstanding among Canadians that these documents might somehow compromise national security were your ruling to be complied with, but that is not the case at all.