Thank you, Mr. Speaker. Return to an oral question asked by Mr. Nerysoo, September 10, 1992 regarding challenge of public inquiry.
Mr. Speaker, as the Member knows, Section 30 of the Medical Profession Act states that a witness shall not be excused from answering a question on the grounds that the answer might tend to incriminate the witness, subject the witness to punishment under the Act, or tend to establish the liability of the witness, for example, in civil proceedings. However, any evidence which the witness is compelled to give cannot be used to incriminate him in other proceedings, except for perjury or for the giving of contradictory evidence.
With respect, the Member was therefore incorrect in stating that an individual "could not hid behind that kind of libellous evidence" in a public inquiry. As I am sure the Member also knows, although the wording is somewhat different, there is a similar provision in the Public Inquiries Act for protection of witnesses appearing before a public inquiry under that Act.
Section 8 of the Public Inquiries Act requires a board of inquiry to inform witnesses of the right to object to answer any question under Section 5 of the Canada Evidence Act, on the grounds that the answer may tend to incriminate him or tend to establish his liability to a civil proceeding. (Section 5 of the Canada Evidence Act similarly states that no witness can be excused from answering any question on the grounds that the answer may tend to incriminate him.) The Public Inquiries Act goes on to state that no answer given by a witness can be used or is admissible in evidence against a witness in any trial or other proceedings against the witness taking place after the inquiry, other than a prosecution for perjury.
The effect of the two sections is the same with regard to protection of witnesses giving evidence in either of these two kinds of inquiries. It would not prevent an aggrieved party from suing or relying on evidence other than the evidence given before the inquiry in the support of the lawsuit. These protective provisions apply to all witnesses: board Members, Members of the government or a person against whom a complaint is made under the Medical Profession Act.
A shorter one, Mr. Speaker, a response asked by Mr. Ningark on October 1, 1992.