Evidence of meeting #22 for Access to Information, Privacy and Ethics in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was siksay.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Denis Kratchanov  Director and General Counsel, Information Law and Privacy Section, Department of Justice

11:30 a.m.

Liberal

The Chair Liberal Paul Szabo

Madame.

11:30 a.m.

Bloc

Carole Freeman Bloc Châteauguay—Saint-Constant, QC

Since you are saying that my question is very complex, I will clarify it.

Does the Minister of Justice...

11:30 a.m.

Liberal

The Chair Liberal Paul Szabo

No, Madame.

Madame, maybe for your next question, it'll be less complex. I think the minister heard you and wanted to respond.

11:30 a.m.

Bloc

Carole Freeman Bloc Châteauguay—Saint-Constant, QC

I'm sorry. A point of order, Mr. Szabo. I am entitled to my seven minutes. That time is my own, and not the Minister's. This is my allotted time, so I have the right to rephrase my question if I want.

11:30 a.m.

Liberal

The Chair Liberal Paul Szabo

Madame--

11:30 a.m.

A voice

So go ahead--

11:30 a.m.

Liberal

The Chair Liberal Paul Szabo

--the minister had the floor, and I'm not going to judge whether your question was or was not a good one or whether it should be simplified to help the minister. Sometimes that's appropriate, but I think when a witness is before us and is trying to respond to the best of their ability to what they heard from you, we should respect at least their opportunity to complete a thought or something like that, okay? It's just a little respect.

So the clock has been stopped. So the minister has decided that he will yield on further answering your question. The clock hasn't moved. It's at 3:30, which means you have about three and a half minutes left, and the floor is back to you.

11:35 a.m.

Bloc

Carole Freeman Bloc Châteauguay—Saint-Constant, QC

May I rephrase my question? The Minister said that it was very complex.

11:35 a.m.

Liberal

The Chair Liberal Paul Szabo

You have the floor, Madame. You can use your time as you wish.

11:35 a.m.

Bloc

Carole Freeman Bloc Châteauguay—Saint-Constant, QC

Thank you for being fair.

My question is simple. As Minister of Justice, how do you explain ignoring the subpoenas, that is, the orders to appear before us? How do you explain, as Minister of Justice, political staffers violating this rule?

11:35 a.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Well, it's just precisely because you used the term “breaking the law”. and then you quoted the Speaker's ruling, Madame Freeman, and so we'll have a look at the transcripts but you made this accusation about the law not being followed and you mentioned specifically.... So I began to say, with respect to Speaker Milliken's ruling, that in fact there have been negotiations in good faith that have recently been concluded, to which your party was one of the parties.

If you are also referring to ministerial responsibility, yes, ministers are accountable and answerable to Parliament, and the government House leader, Mr. Hill, has made that very clear. Again, ministerial responsibility is part of the parliamentary system that we have inherited and adapted in this country. On both counts, yes, there is ministerial responsibility.

And now that I have the opportunity, you mentioned the ruling of the Speaker, and again, I believe some people disagree with the conclusions we have come to with respect to the Speaker's ruling, which is their privilege, but we have entered into a document that we have tabled with Parliament, and I think it works very well. We're all part of the solutions, Madame Freeman, and we'll go forward from there.

11:35 a.m.

Bloc

Carole Freeman Bloc Châteauguay—Saint-Constant, QC

Thank you, Mr. Nicholson, but you are not answering my question.

Mr. Nicholson, ministerial responsibility does not extend to employees of various ministerial offices. That is what Mr. Walsh said on Tuesday. How is it that the Law Clerk of the House is saying that ministerial responsibility does not extend to these staffers and that they are required to appear before us, but that you, as Minister of Justice, are disregarding this opinion?

11:35 a.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

I do take note of these on a regular basis, and of course I listen very carefully to all the arguments that get made on all of these, and I appreciate legal opinions that are put forward by distinguished individuals.

Again, as someone who has studied the Constitution of this country for many years, I'm very aware of their responsibilities, of ministerial responsibility, and this is why. This is why you get ministers who appear before committees, and we do. We provide the technical assistance.

11:35 a.m.

Bloc

Carole Freeman Bloc Châteauguay—Saint-Constant, QC

You are not answering my question, Mr. Nicholson.

11:35 a.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

As I indicated to you, Mr. Kratchanov, in a sense--

11:35 a.m.

Bloc

Carole Freeman Bloc Châteauguay—Saint-Constant, QC

Mr. Nicholson, pardon me for interrupting, but this is my time.

11:35 a.m.

Liberal

The Chair Liberal Paul Szabo

Order.

11:35 a.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

--it goes beyond--

11:35 a.m.

Bloc

Carole Freeman Bloc Châteauguay—Saint-Constant, QC

A point of order, Mr. Chair.

11:35 a.m.

Liberal

The Chair Liberal Paul Szabo

Order.

11:35 a.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Go ahead, Mr. Chairman.

11:35 a.m.

Bloc

Carole Freeman Bloc Châteauguay—Saint-Constant, QC

Point d'ordre--

11:35 a.m.

Liberal

The Chair Liberal Paul Szabo

Order.

11:35 a.m.

Bloc

Carole Freeman Bloc Châteauguay—Saint-Constant, QC

Ma question--

11:35 a.m.

Liberal

The Chair Liberal Paul Szabo

Order.

Your time has expired, Madame, and unfortunately I'm going to have to move on to Mr. Siksay, but you could be on for the next round to carry on.

Mr. Siksay, please.