FELDSTED -- If a breach of ethics, Criminal Code, or federal statutes investigation is underway, investigators must be allowed to seek an Order for government to produce relevant Cabinet materials
As an
explanation, this
CBC article is an epic fail. First, the Queen’s Privy Council and the
Government Cabinet are separate bodies with separate mandates.
The
Privy Council provides apolitical advice to the Governor General on what is
going on in Government. The Cabinet oversees operations of government
departments and agencies. Cabinet ministers are usually members of the Privy
Council and their duties vary depending on which body they are attending.
Privy
council confidentiality is absolute. Members cannot disclose what is discussed
during a privy council meeting. The Clerk of the Privy
Council has no authority over the Government Cabinet. It is outside of his
jurisdiction.
Cabinet
confidentiality is less onerous than Privy Council confidentiality and can be
waived by either the Prime Minister or the Courts.
In
1940, Prime Minister Mackenzie
King amalgamated the Clerk of the Privy Council and Secretary to the Cabinet
into one position reporting to the Prime Minister.
Prior
to 1940 the roles were separate, and should be separate today.
Amalgamation
causes confusion of the sort highlighted during the SNC-Lavalin affair. The
Attorney General and Minister of Justice are separate functions with different
responsibilities.
Justin
Trudeau is fairly caught. The Clerk of the Privy Council is not independent; he
or she reports to Trudeau. Privy Council confidentiality cannot be applied to
Cabinet meetings and material. Trudeau and Privy Council Clerk Ian Shugart
can’t hide from their responsibilities.
There
is no justification for the confusion.
Separate
the roles of the Clerk of the Privy Council, and Secretary to the Cabinet, and
Minister of Justice and Attorney General. The media, MPs and the public should
not need an index to sort out who they are communicating with.
In
past, courts have held that Cabinet confidentiality is important to encourage
Cabinet members to speak fully and frankly during meetings. That is fundamental
to democracy. These men and women were elected to represent us in government
and cannot be censored in what they say or the ideas they put forward.
If
there is an investigation underway in respect to a breach of ethics or the
Criminal Code or other federal statutes, investigators must be allowed to seek
an Order for the government to produce relevant Cabinet materials. The Judge
can preview material to ensure that it is relevant to the investigation before
releasing it.
The
Mark Norman affair is another example of where our government refused to
produce documents vital to Mr. Norman's defence and when it had destroyed his
career, admitted it did not have case. These who wrongfully charged Mr. Norman
need to be brought to justice.
For
our Prime Minister to play a game of “Simon Says” with the media, opposition
parties and police during an investigation into potential criminal actions is
disgusting.
Trudeau
must not be allowed to escape accountability.
Our
Prime Minister, Cabinet members and Members of Parliament are all accountable
to the public.
When
our representatives break the law, they must be held accountable. The litany of
excuses and evasions we are offered can be expected when petty criminals appear
before a court. They are not appropriate in our parliament during an
investigation.
None
of them are above the law.
The
Way I See It ~~ John Feldsted
Political Commentator, Consultant
& Strategist
Winnipeg,
Manitoba
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