May 15, 2001 — Le Protecteur du citoyen

The Chief Electoral Officer, the Québec Ombudsman and the Auditor General ask the members of parliament to specify the limits of their compellability to be a witness privileges

Québec City - Tuesday, May 15, 2001 – The Chief Electoral Officer, Me Marcel Blanchet, the Québec Ombudsman, Ms Pauline Champoux-Lesage and the Auditor General, Mr. Guy Breton, ask jointly the members of parliament to specify by law the limits of their compellability to be a witness privileges.

The Court of Appeal in rendering its decision Friday, May 11 in the case Dubé c. M. David Cliche et le Procureur général du Québec , construe the privileges of the Auditor General restrictively. This judgement may affect the Chief Electoral Officer and the Québec Ombudsman in the same manner, defeat their own purpose and turn their official calling into one of expert witness. As such, it would have significant consequences on their activity.

These three persons are responsible for verification, and report to the National Assembly. To successfully fulfil their mandate and bring about effective mediation, their co-operation with organisations and individuals should not be impeded. They should as well be allowed to express their findings and recommendations freely and be safeguarded against legal proceedings.

According to the judgement, the three designated persons and their employees may be called to testify whenever anyone requests substantiating expert advice especially in lawsuits by or against a public body.

The three designated persons therefore ask members of parliament to specify the limits of their compellability to be a witness privileges by quickly passing a bill which would amend the laws ruling their public office accordingly.

Legal proceedings to bring the Auditor General to testify in the case Dubé c. M. David Cliche et le Procureur général du Québec are not affected by this request.

- 30 -

Top of page