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Friday, 16 December 1983
Page: 4001


Senator MACKLIN(3.16) —I will speak briefly on this point. The only reason why I rise is to indicate that previously, when Senator Walters spoke, she suggested that this idea was unprecedented. We have had such situations before where there is discretion by the Commission. One example is the Repatriation Commission. The intent is to try to keep the proceedings at low cost and not to have them in a totally adversary context. I think the two propositions we have in this situation probably turn very much on whether one wants to give the Commissioner that type of discretion. I believe that in these circumstances the Commissioner would be the appropriate person to decide whether the operation should be conducted in private. I am quite sure that, if the circumstances indicated that the protection of individuals was concerned, the Commissioner would, in fact, conduct the proceedings in private.

Secondly, I think it is a good move, as far as possible, to have the lawyers outside the operation and to have them included only when, indeed, it seems that they would be necessary. The types of circumstances that Senator Walters raised the first time she spoke I think would probably fall within that circumstance and the Commissioner probably would, where it is--


Senator Walters —But you cannot guarantee that.


Senator MACKLIN —No, one cannot guarantee it. But I am suggesting, Senator, that what is sought, as in the Repatriation Commission, is, in fact, to keep down the costs and to keep the proceedings in a non-adversary situation so that, indeed, many of these things might be able to be settled reasonably and amicably. I do not think we have to say that we are moving the proceedings up to the status of a full court confrontation. The hope might be that the problem can be solved in a less adversary way.