RON MACLEAN
So it's Ron MacLean with Don Cherry on House of Commons Night in Canada. We're here on Saturday, Grapes, a little unusual for us.
DON CHERRY
There's no rest for angina, and we've still got a night of hockey to get through.
RON MACLEAN
Yeah, I know, Montreal and Boston...
DON CHERRY
...always a barn-burner...
RON MACLEAN
Edmonton and the Leafs...
DON CHERRY
...a good one for die hard fans...
RON MACLEAN
And Ottawa at Vancouver...
DON CHERRY
I'm breaking out in a sweat just thinking about that rink. You know I was at the men's Paralympic sledge hockey game already...
RON MACLEAN
How'd that go?
DON CHERRY
Canada beat Italy but I think most of the fans were from Italy or Commercial Drive. The place was nuts.
RON MACLEAN
So we better squeeze in the Iacobucci announcement while we get the chance. For parliamentary democracy fans who might not have heard, the Department of Justice published the terms of reference for Justice Frank Iacobucci to advise it on matters relating to prisoners taken by Canadian troops in Afghanistan. Don, what's your take on those.
DON CHERRY
Well, I haven't had time to really read it carefully, but what's clear is that Iacobucci is being appointed under Section 127 of the Public Service Employment Act, and not under the Inquiries Act.
RON MACLEAN
Does it matter?
DON CHERRY
You know, I think so. This is only off the top of my head, but the "Public Inquiries" part of the Inquiries Act specifically empowers commissioners to issue, subpoenas, take testimony under oath, all that.
RON MACLEAN
And the Public Service Employment Act is different?
DON CHERRY
Yeah well, again, just off the top of my head, they're quoting Section 127.1 subsection 1(c) of the Act, whIch I brought with me in case you were gonna ask me...
RON MACLEAN
What does Section 127.1 say, Don?
DON CHERRY
I thought you might ask me. Section 127.1, subsection 1, states that:
127.1 (1) The Governor in Council may appoint persons to the following positions and fix their remuneration:
(a) deputy minister, associate deputy minister and positions of equivalent ranks;
(b) deputy head, associate deputy head and positions of equivalent ranks; and
(c) special adviser to a minister.
RON MACLEAN
So Justice Iacobucci has been appointed under subsection 1(c), "special advisor to a minister"?
DON CHERRY
That's how I read it.
RON MACLEAN
Which minister would he be advising?
DON CHERRY
I'm guessing the Minister of National Defence.
RON MACLEAN
So his terms of reference...
DON CHERRY
...are whatever you want them to be...
RON MACLEAN
But the Justice Department website is pretty specific and detailed about the information he's supposed to look at...
DON CHERRY
...but it doesn't say what Iacobucci's supposed to do with all the information once he's looked at it. To my way of thinking, this is like putting lipstick on a weasel: it sounds like a public inquiry, it looks like a public inquiry, but it's even less of a public inquiry that Iacobucci's last effort at a public inquiry, which was held in private. This time, it's not anything at all.
RON MACLEAN
So why wouldn't the government just call a full throttle public inquiry and be done with it?
DON CHERRY
Like I said before, nobody will look good after the public inquiry that eventually will get held, and if it happens now, Harper can kiss his majority goodbye. But I'll tell you now, this whole thing isn't gonna sit well with Derek Lee. He's going to ask the obvious question: how can Justice Iacobucci, hired under section 127 of the Public Service Employment Act as an "advisor to a minister", tell Parliament what documents it can and can't see? We're still in constitutional crisis territory and I wouldn't want to be getting in Derek Lee's way any time soon.
RON MACLEAN
...which means it's time for us to say goodbye until the next time, which I'm sure will be sooner than later, on House of Commons Night in Canada.
DON CHERRY
You know, those sledge hockey hits are brutal.
RON MACLEAN
As is your new suit.
DON CHERRY
Hey, the Gold Medals were all silk screen printed.
RON MACLEAN
I have to wear sunglasses to look at you.
