Letter from Derek Lee, M.P.

to Speaker Milliken Item 8

18 February 2010

BY FAX – 18 Feb 2010

Hon Peter Milliken, M.P.
Speaker of the House of Commons
Room 224-N, Centre Block
Ottawa, ON K1A 0A6

Mr. Speaker:

Re: Notice of Intention to raise a matter of privilege in the House

I am providing you with notice of my intention to raise in the House a breach or breaches of
privilege which arose the days just prior to the last adjournment.

Although there are three separate and distinct alleged breaches and you may wish to deal with
them separately, I propose to raise them together since each arises from the work of the Special
Committee on Afghanistan and also relate to the House power to send for persons, papers and
records.

Firstly, following an answer by the Minister of National Defence at Question Period on

December 1, 2009, I rose to give notice of a question of privilege and asked that the Minister
reconsider the remarks and get back to me or the House (Reference line 1540). No such
response to my knowledge has occurred. The Minister’s remarks slander our House Powers and
put forward a false basis or pretext for non compliance with an order to produce documents.
These words coming from the Government mislead and intimidate witnesses under House
authority and therefore obstruct the House in the exercise of powers not just in relation to the
Special Committee but in all future inquiry by our House and must be purged or found in
contempt.

Secondly, on December 9, 2009, the ADM Justice, Public Law Sector, in a letter to our
Parliamentary Counsel and Law Clerk, publicly also puts forth a false basis that would have the
result of obstructing a public servant from obeying a valid order to produce documents and
additionally threatens both statutory and civil sanctions. I gave written notice to this Justice
Department official of this matter on January 27, 2010 and also copied the Minister of Justice.
Those actions must also be found in contempt of this House and purged.

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 Letter from Derek Lee, M.P. to Speaker Milliken Item 8

Thirdly, this House itself adopted an order on December 10, 2009 to the Government for
production of a class of documents and referred to the same obstruction described in the two
matters above. As of this date, the Government has provided no response and such a failure to
respond and comply constitutes a serious contempt for the powers and privileges of this House.

My office will provide copies of documents referred to and other relevant materials before the
House resumes, for your assistance.

Yours truly,

[ORIGINAL SIGNED BY]

Derek Lee, M.P.

Scarborough – Rouge River

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