Paragraph K

It seems as if Paragraph K is starting to take on a life of its own. Remember when Paul Martin told us we must wait for Gomery's report before making any hasty decisions, that Judge Gomery will sort out the AdScam mess?
But I believe that before there is an election, you are entitled to answers - to the answers that Judge Gomery is working toward. I believe that Canadians deserve a full and frank accounting of all the facts. Fairness and due process require nothing less.

Let Judge Gomery do his work. Let the facts come out. And then the people of Canada will have their say.

If we are to have an election, one that will be at least in part about the work of Judge Gomery, surely that election should occur only when we have the work of Judge Gomery.

Those words were spoken by the PM during his address to the nation a couple of weeks ago. So just what may Judge Gomery's report contain when it is finally issued and what the heck is Paragraph K?

If one peruses the official Commission of Inquiry into the Sponsorship Program and Advertising Activities website, one will come to a section entitled Terms of Reference. Scrolling down to paragraph k...
the Commissioner be directed to perform his duties without expressing any conclusion or recommendation regarding the civil or criminal liability of any person or organization and to ensure that the conduct of the inquiry does not jeopardize any ongoing criminal investigation or criminal proceedings;

If Gomery is prohibited from reaching any conclusions with respect to criminal charges or civil liabilities then what can he conclude? According to paragraph l under the Terms of Reference,
the Commissioner be directed to submit, on an urgent basis, one or more reports, interim or final, of his factual findings made pursuant to paragraph (a) in both official languages, to the Governor in Council, and to submit a separate report of his recommendations made pursuant to paragraph (b), in both official languages, to the Governor in Council;

In simpler terms, he is allowed to report on factual findings and submit recommendations for legislative changes to the process. Is this what Martin wants all of us to wait for, to see what type of procedural changes Gomery might recommend? What happened to the part about "...you are entitled to answers - to the answers that Judge Gomery is working toward" and "Let Judge Gomery do his work. Let the facts come out"?

There is no reason to wait for anything least of all possible recommendations for procedural changes. Let's have that damn election as soon as possible.

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cross-posted to Rite Turn Only

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