§ 111. Mr. Hector Hughesasked the Attorney-General how he proposes to ensure, pending the passing of legislation, that none of His Majesty's subjects will be deprived of a remedy in respect of wrongful acts committed by Crown servants.
The Solicitor-GeneralIt is impossible to lay down any general ruling as to what steps can be taken to overcome the present difficulty in every case. Each case will have to be considered on its merits. The present practice whereby the Crown stands behind the Crown servant who has committed a tortious act in the course of his duty will as far as possible continue and full facilities will be given to enable a claimant to ascertain the name of the tort feasor and, if he so desires, to take the appropriate proceedings. It is not contemplated that any difficulty will arise except in comparatively few cases. In any such case the Treasury Solicitor, or the solicitor for the Department concerned, will be prepared to consider with the claimant's solicitor the particular difficulties which have arisen and how best they may be overcome.