Commission of Inquiry and Special Counsel
February 10, 2004
Ottawa, Ontario
BACKGROUNDER
The Government of Canada is committed to taking every step necessary to ensure a thorough examination and investigation of all remaining questions concerning the handling of past sponsorship and advertising activities. To ensure a swift and thorough review, the government has announced:
- The creation of an independent Commission of Public Inquiry, which will examine past behaviour in the sponsorship and advertising programs with a view to formulating recommendations to prevent any abuses, breaches of ethics or mismanagement in the future.
- The appointment of a Special Counsel for financial recovery, with a mandate to pursue all possible avenues, including civil litigation, to recover funds that were improperly received by certain parties involved in the delivery of the now-cancelled sponsorship program.
The Commission of Public Inquiry will be struck under Part I of the Inquiries Act. It will have all the powers set out in the Act, including the authority to hold public hearings, summon witnesses and gather such evidence as needed to conduct the Inquiry. The details of the terms of reference will be finalized soon and made public upon completion. The Commission will be asked to complete its work on an urgent basis.
Mr. André Gauthier has been named as Special Counsel for financial recovery. Mr. André Gauthier will be involved in a forensic analysis of the documentary evidence and in an investigation of the facts. He will advise the government on the prospects for civil litigation and pursuing recovery if possible.
Biographical notes: Mr. André Gauthier
Mr. Gauthier is a senior lawyer with the firm Cain, Lamarre, Casgrain, Wells. He has practiced law since 1970. His area of expertise includes commercial law, corporate law and bankruptcy proceedings. Throughout his career, he has held several positions with the Quebec Bar, including the position of Vice President in 1988-89. He also served as Head of the Quebec Bar Association from 1989-90.
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