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Justice committee  I have stated generally what my understanding of the Shawcross doctrine is, that there would be conversation that would be possible. I'm going to say that if I elaborate too much on that answer, it could put me into a territory where I'm speculating on what other people might do

February 21st, 2019Committee meeting

David Lametti

Justice committee  Absolutely. It is part of the familiarization, if you will, with the dossiers that I have to work with in my time as Attorney General.

February 21st, 2019Committee meeting

David Lametti

Justice committee  We are doing our best. I am doing my best as Attorney General to find a way for that to happen, which of course provides transparency to Canadians and fairness to the former attorney general, but also does not compromise any of those other matters that I mentioned at the outset

February 21st, 2019Committee meeting

David Lametti

Justice committee  We're trying to sort through that as best we can.

February 21st, 2019Committee meeting

David Lametti

Justice committee  The question of solicitor-client privilege and the question of whether it applies in any given set of facts, or the question of whether it has been waived in any particular set circumstances, are part of the general questions that I have to answer as Attorney General. I can't pro

February 21st, 2019Committee meeting

David Lametti

Justice committee  I am going to decline out of prudence to give an opinion on that, because once again, it may be part of an opinion that I have to render.

February 21st, 2019Committee meeting

David Lametti

Justice committee  The client is Canada. The question of waiving privilege, as you well know as a lawyer, is a very complex question in these cases, and once again, it falls under my responsibility to maintain that solicitor—

February 21st, 2019Committee meeting

David Lametti

Justice committee  I am saying that it is part of solicitor-client privilege on my part not to be able to answer that question.

February 21st, 2019Committee meeting

David Lametti

Justice committee  Again, for the reasons discussed, it's a question that I cannot answer here.

February 21st, 2019Committee meeting

David Lametti

Justice committee  You can invite Professor Dodek, as I believe you have, for his opinion. You can invite other experts. You can invite former Justice Rosenberg.

February 21st, 2019Committee meeting

David Lametti

Justice committee  Oh, that is problematic. You can invite other experts. I am currently the Attorney General of Canada. I am currently, as the Prime Minister has said, advising the Prime Minister on these matters, so I am covered by solicitor-client privilege. I simply cannot answer that.

February 21st, 2019Committee meeting

David Lametti

Justice committee  Again, that is a very complex and layered question.

February 21st, 2019Committee meeting

David Lametti

Justice committee  You will see in the academic literature that there is a dispute—

February 21st, 2019Committee meeting

David Lametti

Justice committee  —and so I cannot pronounce on that.

February 21st, 2019Committee meeting

David Lametti

Justice committee  Once again, you will know as a lawyer that I have been asked to give a legal opinion. That is an ongoing continuum, as other legal writers have described solicitor-client privilege, and that is part of the continuum. I simply cannot answer that question.

February 21st, 2019Committee meeting

David Lametti