Judges Superfluous - AG Nicholson: Parliament Has The Power

In debate over House Order, 10/12/09, if you know how to read, you will see that AG Nicholson recognised Parliament's Supremacy, but asked it not be exercised, saying Govt could be trusted (ha!). In fact, AG & Govt position in debate makes no sense, if, as they sometimes claim, Parliament does not have the right to obtain any and all documents it requires. Were that the case, then rather than asking Opposition to withdraw motion, or voting against it, the Govt would simply have said it is illegal, not bothered to debate or vote, refused to comply, and referred to some court decision(s) that upheld their position. Or, even more sensibly, referred matter to SCC so it could tell Opposition it was wrong. But that is not what AG & Govt did. As you'll read below, AG & Govt recognised Parliament has all the powers necessary, but asks Parliament not to use its "theoretical" powers (how theoretical were they in Schreiber case, etc.?), voted against Order motion, and refused to refer question to courts, as none would hear it, or would hear and reject it, at best. They don't have a leg to stand on. They know it, Opposition knows it, media knows it, and from polling, it seems Canadians know it. You are in the right, Opposition, and you have and will keep country behind you as long as you have the courage of your convictions (assuming you really do believe in democracy & parliamentary supremacy)

The first relevant AG Nicholson quote is just above 11:35 mark, the rest below it:

The House must exercise its powers responsibly. In some cases, the only responsible option is for the House and its committees to refrain from pressing the theoretical extent of their powers.

While section 38 of the Canada Evidence Act may not apply directly to proceedings of a special committee

The government fully supports the special committee and believes it plays an important role in Canada's democracy. Respect for legal duties enacted by Parliament is also essential to the health of our democracy. Ultimately, however, restricting access to particular information is justified by a more important goal, one that serves the best interests of Canadians.

Parliamentary committees are essential and valuable components of Canada's democratic system. Canadians appreciate the analysis and the perspective that committees can bring to the issues of the day, but Canadians expect committees and Parliament itself to exercise those powers responsibly and reasonably and in accordance with parliamentary convention.

Given these realities, restraint and caution must be our guide. The government must not release information under any circumstances that could jeopardize national security and international relations. I encourage my hon. colleagues to vote down the motion that is before us today.