German-Canadian businessman Karlheinz Schreiber's appearance before a federal ethics committee was thrown into doubt Tuesday as MPs became mired in arguments over legal and parliamentary jurisdiction.

Speaker Peter Milliken, seen in the House of Commons on Tuesday, has issued a warrant to the House ethics committee, ordering Karlheinz Schreiber to testify about his dealings with Brian Mulroney.
(Fred Chartrand/Canadian Press)

In the latest development, House Speaker Peter Milliken granted a rare warrant to the House of Commons ethics committee ordering Schreiber to testify on Thursday about his dealings with Brian Mulroney.

All parties in the Commons agreed to speed the committee request to Milliken's attention, and he informed ethics committee chairman Paul Szabo that he would issue the warrant immediately.

A Speaker's warrant is similar to a subpoena and could carry a jail sentence if it is ignored.

The move came hours after Justice Minister Rob Nicholson said he doesn't have the authority to delay Schreiber's extradition, which could come as early as Dec. 1.

"The Extradition Act provides me with no such authority," Nicholson wrote in a letter delivered to the committee on Tuesday morning.

"The enforcement of the attendance of witnesses for the committee is a matter for the House and the Speaker to consider. It would not be appropriate for the minister of justice … to seek to enforce the summons of the parliamentary committee."

Schreiber, who is in a Toronto detention centre, is to be extradited to Germany to face fraud charges.

Unless his extradition order is delayed, Schreiber won't be able to testify before the committee for more than one day and won't be available for followup questioning, said Szabo at a meeting Tuesday. Schreiber has also said he'd like to access personal papers at his home in Ottawa before appearing at the committee.

Szabo insisted Nicholson does have the authority, and warned that if he doesn't act, he could be found in contempt of Parliament.

Question period uproar

Parliamentary counsel Rob Walsh, who appeared at Tuesday's committee meeting, said the Extradition Act gives the justice minister authority to amend extradition orders.

The issue dominated question period Tuesday as MPs pounced on Nicholson for refusing to delay the extradition.

Liberal Leader Stéphane Dion and Bloc Québécois Leader Gilles Duceppe accused the justice minister of trying to obstruct the process and being in contempt of Parliament.

"He is protecting someone here that could harm him and some of his colleagues," said Duceppe.

Nicholson, who stood repeatedly to deny he has the authority to delay the order, said he only has that power if the subject of the order is convicted and serving a sentence in a Canadian prison.

Also Tuesday, lawyers for Schreiber filed an application with the Ontario Court of Appeal to stay his extradition. It will be heard Friday morning. He has also launched an appeal to the Supreme Court of Canada, but it's not clear when that court will hear the appeal.

Mulroney to appear

The committee is also expected to call Mulroney as early as Dec. 4. He has been slated for three days of testimony.

The committee's probe will include a review of Mulroney's $2.1-million settlement from the federal government in 1997 over his libel suit regarding the so-called Airbus affair — in which millions of dollars in secret commissions were paid in the sale of jets to Air Canada.

The committee will also review new allegations that have come to light in the wake of a lawsuit Schreiber has launched against Mulroney.

Schreiber is suing Mulroney to recoup $300,000 in cash payments he handed out to the former prime minister to enlist his help in establishing a pasta business and a light armoured vehicle factory. Schreiber contends that Mulroney did not provide the services, something Mulroney disputes.

Schreiber alleged in an affidavit that the deal was struck two days before Mulroney left office as prime minister.

Schreiber also alleges that a Mulroney adviser asked Schreiber to transfer money in connection with Air Canada's 1988 purchase of Airbus planes to a Mulroney lawyer based in Switzerland.

None of the allegations against Mulroney has been proven in court, but they spurred Prime Minister Stephen Harper to call a public inquiry.

With files from the Canadian Press