It’s probably important to underline that Dr. David Johnston will not play the role of John Gomery. That is to say, it is only his job to advise the government on the terms of reference for a public inquiry not to actually conduct the inquiry. The lucky (?) jurist who will play the role of Gomery will be named later.
In the meantime, here are Johnston’s Terms of Reference, including his compensation of up to $1,400 per day and his deadline — January 11, 2008:
TERMS OF REFERENCE
Whereas Mr. Karlheinz Schreiber has made various allegations with respect to his financial dealings with the Right Honourable Brian Mulroney, P.C., that go beyond the private interests of the parties, including in an affidavit sworn on November 7, 2007; and
Whereas the allegations with respect to the Right Honourable Mulroney’s time as Prime Minister, although unproven and in part conflicting with other available information, raise questions respecting the integrity of an important office of the Government of Canada;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, pursuant to paragraph 127.1(1)© of the Public Service Employment Act, hereby appoints to the position of special adviser to the Prime Minister, David Johnston of St. Clements, Ontario, as Independent Advisor, to hold office during pleasure, for a term ending on January 11, 2008; and
(a) specifies the duties of the Independent Advisor as to conduct an independent review of those allegations respecting financial dealings between Mr. Schreiber and the Right Honourable Brian Mulroney, P.C., and to submit to the Prime Minister by January 11, 2008 a report in both official languages, which shall
(i) make recommendations as to the appropriate mandate for a public inquiry into those allegations, including the specific issues that warrant examination, under the Inquiries Act,
(ii) state whether the Independent Advisor, in the course of his review, has determined that there is any prima facie evidence of criminal action; in that case, the report shall make recommendations as to how this determination should be dealt with, and what should be the appropriate mandate and timing for a formal public inquiry in those circumstances, and
(iii) make recommendations as to whether any additional course of action may be appropriate;
(b) authorizes the Independent Advisor to adopt procedures for the expedient and proper conduct of the independent review, including reviewing relevant records and documents and consulting as appropriate;
© fixes his remuneration as set out in the attached schedule, which per diem is within the range ($1,200 – $1,400); and
(d) authorizes the payment, in accordance with Treasury Board policies, of the following expenses incurred in the course of his duties:
(i) travel and living expenses while in travel status in Canada while away from his normal place of residence in accordance with the Treasury Board Travel Directive and Special Travel Authorities,
(ii) expert staff, as required, and
(iii) any other reasonable expenses as necessary to conduct the independent review.