Allan Rock

[Justice, March 19th, 1996]

I am responding to the question. I brought the man's name forward because under the circumstances it was the appropriate thing to do in my judgment.

[Justice, March 19th, 1996]

Mr. Speaker, there are two factual errors in the question as put.

The first is that there was an interruption of a hearing for the purposes of the appointment. That is not so. The second is that the appointment was made before there was a decision on the complaint. That is not so.

As I mentioned to the member when he put this same matter to me 10 days ago, there was a complaint by a former client to the law society in relation to John Desotti from the days when he was in practice. The law society investigated the complaint and determined that there was no foundation to it and that the law society would not proceed against Mr. Desotti. There was no hearing under way and no complaint that was authorized by the law society.

After that happened his name came forward for consideration for appointment and I brought his name to cabinet because he is going to be a very good judge.

The procedure of the law society enables the client to seek a review of the initial decision before a single bencher of the law society. It was while that review was pending that his name came forward. I took into account the nature of the complaint and the facts.

[Human Rights, March 19th, 1996]

Mr. Speaker, the chief commissioner performs a helpful role in identifying areas where reform is needed. Perhaps he is not best placed to decide what the priorities of government should be.

The government has acted in a number of fronts in relation to human rights since its election in 1993. It will continue to do so. It will respect its commitments and that is very clear.

[Human Rights, March 19th, 1996]

Mr. Speaker, the hon. member should know that for some years it has been the policy of this party and the government that the human rights act be amended to add sexual orientation as a ground on which discrimination is prohibited. That is a commitment we made and a commitment we will respect.

I would also draw to the attention of the House and the hon. member to those many passages in the annual report of the chief commissioner where he praised the government for initiatives taken, specifically by the way, in relation to sexual orientation matters in Bill C-41 dealing with hate motivated crime, with those matters of criminal procedure involving the testimony before courts of persons with disabilities as well as initiatives in relation to employment equity.

The government has acted on a broad range of fronts to further human rights in this country and will continue to do so.

[Justice, March 8th, 1996]

Mr. Speaker, I know the facts of this case, so let me tell the House and the hon. member what really happened.

A client complained to the Law Society about Mr. Desotti when he was in practice. The Law Society investigated that complaint and found it without foundation and decided not to proceed. In those circumstances, having regard to the fact that finding had been made and looking at the facts and the nature of the complaint, I exercised my judgment and I brought the man's name forward to cabinet because he is going to be a good judge.

The client, unhappy with the fact that the complaint had been found without merit, asked for a review by a lay bencher of the Law Society. It was while that review was pending that the appointment was made.

Our judgment and our determination was that the appointment was appropriate and I invite the hon. member to be fair to Mr. Desotti and to the system.

[Justice, March 8th, 1996]

Mr. Speaker, involvement in public life brings a certain responsibility, including a responsibility to be fair to the reputation of people. I invite the hon. member to bear that in mind.

What is required of us, as responsible public officials, is more than simply to cobble together bits of phrases that sound very righteous and to combine them with indignation.

[Justice, March 8th, 1996]

Yes, Mr. Speaker. In order to be fair to the man and fair to the facts, I hasten to add that I was also aware that the complaint had been investigated and dismissed by the Law Society of Upper Canada.

[Criminal Code, March 8th, 1996]

Mr. Speaker, the hon. member and her colleagues are aware that if we are to eradicate this criminal and savage practice we have to not only take steps in criminal law but also educate and inform.

The Minister of Health, the Minister of Immigration and Citizenship and the Department of Justice have been working together devoting energy, time and effort to educating communities in Canada and those coming to Canada that this is criminal conduct and will be prosecuted where found.

[Criminal Code, March 8th, 1996]

Mr. Speaker, the bill which we will reintroduce provides clearly that for anyone who engages in the mutilation of a child or of a woman it is aggravated assault within the meaning of that term in the Criminal Code and will carry very heavy penalties.

The principles that apply generally in criminal law with respect to those who aid, abet, counsel or assist will be as applicable to this offence as they are to any other.

[Somalia Inquiry, March 6th, 1996]

Mr. Speaker, I am afraid I do not understand the point the hon. member is trying to make. I hear words being used but they do not add up, at least in my mind, to an effective criticism of the process.

The commission is represented by separate counsel, not government counsel, paid for by the people. The government and the Department of National Defence are represented by justice lawyers.

As I have said, if others appear who happen to be present or former employees of government who have a different interest they will be separately represented.

The lawyers acting for the commission are not government lawyers, not justice lawyers. If the hon. member has a specific concern in mind I invite her to write me about it. I will look into it and I will respond to it directly. However, at the moment I am not able to see in anything she said today grounds for complaint.