The pace of reform needs to be accelerated and issues relating to judicial immunity further addressed.

The Commission considers that Mr. Berthelot does not benefit from any judicial immunity deriving from his period of employment at the Commission.

1. Where the requested person enjoys a privilege or immunity regarding jurisdiction or execution in the executing Member State, the time limits referred to in Article 17 shall not start running unless, and counting from the day when, the executing judicial authority is informed of the fact that the privilege or immunity has been waived.

Whereas the issues and subject matter in Mr. Dixon's application to the Federal Court of Canada ruled on by Madam Justice Simpson are not matters for judicial determination, but rather are political matters and thus for political determination by the politics of responsible government, of which the Senate Committee's inquiry is such a political and parliamentary determination; and further, that Madam Justice Simpson took jurisdiction without common law, statutory or constitutional authority and ruled on this application, is by itself a political act and an interference; and further, that the Federal Court of Canada and its judges have ...[+++]no jurisdiction or superintendence over the Senate of Canada or Senate proceedings; and further, that regarding the Senate's and Parliament's privileges, the courts and judges of Canada are directed by constitutional comity, by the Constitution Act, and by the Parliament of Canada Act, that " The privileges, immunities and powers .shall, in all courts in Canada, and by and before all judges, be taken notice of judicially" . and " .it is not necessary to plead them .." . and

The second point, though, that I think was equally important, was that disqualification from office created not only immunity from judicial review but also immunity from the Charter.

On the question of immunities, the Commission considers that it would be worth simplifying the current practice by stating clearly which authority would have the power to waive the duty of discretion or to waive immunity when the final investigation report is referred to the judicial authority.