Evidence of meeting #46 for Access to Information, Privacy and Ethics in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was report.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Michael Jenkin  Co-Chair, Consumer Measures Committee, Department of Industry
David Clarke  Co-Chair, Identity Theft Working Group, Consumer Measures Committee, Department of Industry
Clerk of the Committee  Mr. Richard Rumas
Nancy Holmes  Committee Researcher

2 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

I'd like to take the floor to address a couple of issues, and then I will put the question.

2 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

That's what I just did. I put the question.

2 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

I ask that the question now be put.

2 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

I want to vote on it.

2 p.m.

Liberal

The Chair Liberal Tom Wappel

Please, go ahead.

2 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Chairman, I think it is important to try to leave the record a little more balanced than it was with some of the information put forward by Mr. Wallace and now Mr. Tilson.

It's clear to me that the government has been pulling out all the stops to try to avoid having this information come out, because they're embarrassed that they've been caught in a conspiracy to defraud the Canadian public about the existence of the human rights report on Afghanistan, and then about the contents of that report--in other words, why they blacked out sensitive information, which we now know was really not that sensitive. Much of what Mr. Wallace said was true, that there are justifiable reasons to black out a document, and they're listed very clearly. In fact, he was kind enough to read them all to us, point by point, or virtually all of them. But we now know they're using subsection 15(1) extensively in the blacked-out documents, but they're also using paragraphs 21(1)(a) and 21(1)(b), which deal, as Mr. Wallace pointed out, with cabinet confidences, ministerial briefing notes, etc. Much of what was blacked out did not need to be, because I have copies of that particular document for 2002, 2003, 2004, and 2005—just like the 2006 document exists—where the blacked-out sections have been taken out and we can read what's underneath them.

So the main thing that we have to answer today, or that we will engage in when we vote to undertake this study, is why did the ATIP coordinator, Jocelyne Sabourin, say no such documents existed, when they've existed from 2002 right through 2006 and been published annually? And then, when they changed their minds and did release the documents, why were sections blacked out that any objective outside or third party clearly would agree should not have been blacked out?

We have freedom of information laws in this country. The law itself might be called the Access to Information Act, but what this really is about is freedom of information, that the people of Canada have a right to know what their government is doing and why.

2:05 p.m.

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

[Inaudible--Editor]

2:05 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

I am aware of it, thank you.

2:05 p.m.

Liberal

The Chair Liberal Tom Wappel

Go ahead, Mr. Martin.

2:05 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

I do want to set the record straight, because we had a disproportionate amount of argument on the one side that this study wasn't necessary.

In actual fact, the government has taken extraordinary steps to deny, first of all, they had any knowledge of prisoners being tortured. Well, I have documents from 2002 stating clearly that there was a very great concern that torture was going on, and illegal arrests, etc. These are government documents under the same title, the good governance and human rights document, published annually—and every year the same allegation is repeated. So for any minister of the Crown, either in the Liberal government of 2002 to 2006 or the current government today, to stand up and say they had no knowledge of Afghan prisoners being mistreated, they're covering their ass by blocking it out, frankly, Mr. Chairman.

It's a rare opportunity for us to be able to see what's actually underneath that black felt pen. Well, now we know. Now we know what they were blacking out year after year after year after year, and we know that the public had a right to know, and Canadian soldiers had a right to know they were putting lives at risk. Most Canadians would not support knowingly handing over prisoners when there was full knowledge they were about to be tortured.

So this is the most serious breach—

2:05 p.m.

An hon. member

[Inaudible--Editor]

2:05 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Well, because we've read reports from 2002 and 2003. I have seen them.

2:05 p.m.

An hon. member

You've read the reports?

2:05 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Yes, I have seen the reports. I have a copy with me, in fact. I'd be willing to show it to you, if you'd like.

So the question has been put on Ms. Lavallée's motion.

2:05 p.m.

Liberal

The Chair Liberal Tom Wappel

Mr. Martin, the question has not been put. You have the floor on the motion.

2:05 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

I have the floor on the motion. Then I would like to call the question on the motion, so that the question is put.

2:05 p.m.

Conservative

Mike Wallace Conservative Burlington, ON

I have a point of order. I don't think you can do that once you start speaking. You have to do it right away. It's not debatable, I believe.

2:05 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

No, I think.... We'll let the chair rule, but you're wrong.

2:05 p.m.

Liberal

The Chair Liberal Tom Wappel

First of all, Mr. Martin, you were speaking to the motion. That's the first point.

Is that correct?

2:05 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Correct, yes.

2:05 p.m.

Liberal

The Chair Liberal Tom Wappel

Okay. Now you've concluded that and you were going to do what? To move something?

2:05 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Yes, now I'd like to call the question so that we can vote on Ms. Lavallée's motion.

2:05 p.m.

Liberal

The Chair Liberal Tom Wappel

I still have at least one speaker, who is Mr. Dhaliwal.

2:05 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

I don't have to talk.

2:05 p.m.

Liberal

The Chair Liberal Tom Wappel

If we have no further speakers, then we'll call the question.

Mr. Wallace.