Introduction
On Tuesday, April 20, 2004, the Standing Committee on Public Accounts adopted
a motion recommending that the Government pay for the legal fees of public
servants who have been called to testify. This was made in relation to the
Committee's study of Chapters 3, 4 and 5 of the November 2003 Report of the
Auditor General of Canada.
Response to the Recommendation of the Standing Committee's Report
The Government agrees with the principle that officials who are called before
the Standing Committee on Public Accounts should be eligible to receive legal
assistance without costs to themselves. The Government can assure the Committee
that mechanisms already exist to address their concern. The Policy on the
Indemnification of and Legal Assistance for Crown Servants, Section 7.2 (a)
states that Deputy Heads have the authority to approve indemnification and the
provision of legal assistance that is provided by the Department of Justice
Canada or private counsel. Further, Section 7.3 (c) allows for the Department of
Justice Canada to determine if there is a conflict of interest and the servant
may be authorized to engage private counsel or seek other legal assistance.
This assistance includes any cases where public servants may be required to
appear to give evidence before a Parliamentary Committee as clarified in Section
D, amended July 2004. As further assurance to Committee members, following
tabling of the response, the Public Service Human Resources Management Agency of
Canada will ensure all Deputy Heads are advised of the Government's response
by way of written notification.
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