DRAFT Draft Order(s) Item 1313-1

CONFIDENTIAL DRAFT ONLY

D R A F T -

2010-02-25/HM

DRAFT MOTION

Whereas the House has taken notice of three distinct matters which have called into question or appear to be attempt

to derogate from the ancient and undoubted powers and privileges of thisHouse to send for persons, papers and records, and have a tendency, directly or indirectly, toobstruct or impede the House and its Members in the performance of their functions

all inrelation to the work of the Special Committee on the Canadian Mission in Afghanistan in the 2

Session of this Parliament;MOVED THAT1.

The Hon. Member for Central Nova and Minister of National Defence, the Hon. Peter Mackay, a Member of this House, be ordered to attend in his place forthwith or at a timeto be determined by the Speaker, to explain the meaning and intent of his statement inthis House on December 1, 2009 (at ref.1540) which purports to question the powers and privileges of the House and has a tendency, directly or indirectly, to obstruct or impedethe House and its Members in the performance of their functions, by misleading or intimidating potential witnesses at our committees; and to acknowledge the powers and privileges of this House to send for persons, papers and records, and that such powers and privileges are not diminished, prejudicially affected or repealed except by an express provision of a statute to that effect; and to acknowledge that any legal or other punitiveaction taken against a committee witness would constitute a contempt of Parliament; andthat if the Hon. Member fails to do so to the satisfaction of the Speaker, then the Hon.Member shall be admonished and reprimanded by the Speaker for his misconduct andcontempt of Parliament (or: the Speaker forthwith report to the House the Honourable

DRAFT Draft Order(s) Item 1313-2Member¶s failure to comply with this order and the reasons given, if any, for the failureto comply).2.

Carolyn Kobernick, the Assistant Deputy Minister of Justice, Public Law Sector, becalled to the Bar of the House, or alternatively at his own instance by giving notice to theSpeaker, the Minister of Justice in place of Carolyn Kobernick be called to stand in his place, in either case in the presence of the Speaker forthwith or at a time to be determined by the Speaker to explain the meaning and intent of the legal opinion written by the saidAssistant Deputy Minister of Justice to our Law Clerk and Parliamentary Counsel onDecember 9, 2009, which opinion purports to question the privileges of the House andhas a tendency, directly or indirectly, to obstruct or impede the House and its Members inthe performance of their functions, by misleading or intimidating potential witnesses whoare public servants, as well as members of the public, at our committees; and toacknowledge the powers and privileges of this House to send for persons, papers andrecords, and that such powers and privileges are not diminished, prejudicially affected or repealed except by an express provision of a statute to that effect; and to acknowledgethat any legal or other punitive action taken against such witnesses would constitute acontempt of Parliament; and if she or he is unwilling or fails to do so fully to thesatisfaction of the Speaker, then he or she shall be admonished and reprimanded by theSpeaker for misconduct and contempt of Parliament. (or: the Speaker forthwith report tothe House the Honourable member¶s failure to comply with this order and the reasonsgiven, if any, for the failure to comply).3.

The Sergeant-at-Arms be instructed by this House under the direction of the Speaker toobtain forthwith for the use of the Special Committee on the Canadian Mission inAfghanistan, when reconstituted, all the documentation specified in the order of theHouse concerning the Business of Supply on December 10, 2009 (Journals #128) by andafter written request or, in case of a refusal or obstruction

any other non-compliance,and in any event after seven days from this day,

by seizure; but if any such document or part thereof shall be claimed by its custodian to be subject to disclosure restrictions under