Federal Justice Minister Rob Nicholson says he has no power to delay the extradition of Karlheinz Schreiber so the lobbyist can testify before a House of Commons ethics committee.
In response, Peter Milliken, the Speaker of the House of Commons, agreed to issue a rare warrant to get Mr. Schreiber before MPs as soon as possible and to make him “available until discharge by the committee.”
The warrant request was made by the Commons ethics committee, which has launched a probe of Mr. Schreiber's business dealings with former Prime Minister Brian Mulroney.
Opposition MPs went after Mr. Nicholson during a raucous session of Question Period, accusing the minister of a “disregard for democracy” and “contempt of Parliament.”
In a letter Tuesday, Mr. Nicholson rejected a request by committee chairman Paul Szabo to delay the extradition and to order Mr. Schreiber to appear. Mr. Nicholson said only Parliament has the power to compel his testimony and it should act “expeditiously” before Saturday, when Mr. Schreiber is scheduled to be deported to Germany.
“In our system of government ... it would not be appropriate for the Minister of Justice and Attorney General of Canada to seek to enforce the summons of a parliamentary committee,” Mr. Nicholson wrote.
“There is no broad general discretion to delay [extradition]. I would therefore encourage the committee to proceed expeditiously.”
Mr. Szabo insisted Mr. Nicholson does have the authority, and warned that if he doesn't act, he could be found in contempt of Parliament.
“It's a political decision,” said lawyer Rob Walsh, law clerk for the House of Commons, in a presentation to the committee.
Mr. Walsh said there are two ways that Mr. Schreiber can be in Ottawa on Thursday. The first possibility is to get the co-operation of Mr. Nicholson, who can amend the “surrender order” that was signed in 2004 by former justice minister Irwin Cotler.
Secondly, Mr. Walsh said the House can use its subpoena-like powers and obtain a House order (sometimes called a Speaker's warrant) to get Mr. Schreiber out of the Toronto West Detention Centre.
Opposition MPs seized on Mr. Walsh's legal opinion, challenging Mr. Nicholson's interpretation of Canada's extradition act.
“The time has come for the Justice Minister to stop hiding behind excuses,” said Liberal Leader Stéphane Dion. “He's putting the Conservative Party's interests ahead of his duty as Minister of Justice.”
Bloc Québécois Leader Gilles Duceppe said Mr. Nicholson has clear authority to stay the deportation under section 42 of the Extradition Act, an amendment which states simply: “The Minister may amend a surrender order at any time before its execution.”
“The Justice Minister does have the discretion to stay an extradition order,” said Mr. Duceppe, who accused Mr. Nicholson of “trying every way possible to avoid having an embarrassing witness appear and embarrass his party.”
Mr. Nicholson refused to back down. He said he could only stay an extradition “if the person is convicted and serving a sentence in Canada.”
“What's so impossible for [Mr. Duceppe] to understand about that?” he said, adding he won't stand in the way of a Speaker's warrant or summons for Mr. Schreiber's testimony Thursday.
In an interview late Tuesday, Schreiber lawyer Edward Greenspan said Prime Minister Stephen Harper's government, and specifically Justice Minister Rob Nicholson, are doing “everything [they] can to send” Mr. Schreiber back to Germany and derail the inquiry that Mr. Harper promised.
“It seems to me the government is speaking out of both sides of its mouth and really, the appearance is that there was never any intention to have a public inquiry. That's what it looks like to me,” Mr. Greenspan said.
New Democrat MP Pat Martin said Mr. Nicholson forced the committee to pursue the Speaker's warrant.
