Information & Ethics committee  Not to my knowledge.

Information & Ethics committee  No.

Information & Ethics committee  I'm not sure how to answer the question. Not having seen the letter, I can't speak to what it says or how it might make me feel.

Information & Ethics committee  What I wanted to convey to the committee in my opening statement was that, should Mr. Beardall or I be asked any questions about what legal advice may have been sought by Elections Canada or provided by the PPSC, we wouldn't be in a position to assist the committee, because those

Information & Ethics committee  In a 1999 decision of the Supreme Court of Canada called Regina v. Shirose, the Supreme Court recognized that the advice provided by crown counsel to investigative agencies during the investigative stage is protected by solicitor-client privilege.

Information & Ethics committee  It would have arisen when the advice was sought and provided.

Information & Ethics committee  Quite frankly, I'm not certain when Elections Canada first spoke to one of our crowns. I can tell you that I had contact with them several months ago.

Information & Ethics committee  I'm not certain.

Information & Ethics committee  Certainly.

Information & Ethics committee  As I indicated, the solicitor-client privilege is something we are bound by. The other area of privilege, if you allow me that description, by which we are bound is to protect the integrity of any ongoing investigation. We have an ethical and moral obligation as prosecutors.

Information & Ethics committee  We're certainly of the view that any question about any specific ongoing investigation is something we are not able to answer. That said, it's hoped that an explanation of the role we play and what we do is, in and of itself, somewhat helpful to the committee.

Information & Ethics committee  The actual wording in our prosecution policy manual is “the reasonable prospect of conviction”.

Information & Ethics committee  I'm respectfully going to decline, Mr. Martin, to answer that question on the basis that it's protected by solicitor-client privilege.

Information & Ethics committee  Some sections of the Criminal Code call for active participation. I would offer the example of wiretap applications. the application has to be made by Crown counsel. So in some cases there is an overt act, yes.

Information & Ethics committee  It isn't helping to prosecute. Rather, when the Commissioner of Elections Canada has completed his investigation, he submits the investigation file to us with a request that the director initiate a prosecution.