Evidence of meeting #3 for Procedure and House Affairs in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was way.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

11:45 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

As this debate is petering out, I appreciate first of all the words of my two colleagues down the way, speaking on behalf of rights they're being told they're now given excellent privilege to, and that in disagreeing there's a smack of paternalism in this. I have three-year-old boys, and sometimes when I tell them to do something that I know is good for them, they may disagree. But from one member of Parliament to another, to tell an MP what's good for them and not listen to what they're actually saying, that speaks of a certain hubris and of the actual intention—the inconvenience of democracy from time to time, which disturbs the Conservatives and their backsides when we have to sit through a number of hours of votes.

I wonder what Elsie Wayne and Jean Charest would say about this, when they were thrust into the independent role and suddenly found themselves on the other side. Everything comes full circle in Parliament. It's a funny thing in politics sometimes: you think you're taking such great advantage of your situation and only find out later that you hurt yourself deeply.

With respect to the two tracks and the sub judice convention, I heard two things very specifically from Tom. It is going to be difficult for him now to argue a position that he won't be able to maintain. The one thing is respect for the Speaker's ruling. I believe him; we all respect the Speaker's ruling with respect to Mr. Bezan. The question is whether we can at least begin to have some sort of conversation about that serious ruling coming from the Speaker.

The second thing, which now runs counter to Tom's own argument, is that sub judice was refuted by the Speaker. That argument didn't hold weight for the Speaker in his ruling. The fact that this is before the courts did not stop him from finding a prima facie case of privilege. Sending that privilege to this committee to deal with doesn't hold. You can't have it both ways: you can't respect the Speaker's ruling and then ignore the Speaker's ruling.

So when we set out to say that we can have at least some initial hearings with witnesses who are already going to be in front of us, Chair, it doesn't cause any inconvenience for the witnesses or the members. It certainly allows Mr. Bezan and others to make the case with respect to a serious matter, which is whether he should be standing in the House of Commons and voting.

That is what the Speaker ruled on, and he had no qualms, although he mentioned it, about the fact that it is before a court. If he had serious concerns about this sub judice protocol that we have in Parliament, then he would have said so. He would have asked for a delay. He would have suggested that the courts needed to deal with the matter first before Parliament could. He did not say that; he said the opposite. He said that of course we can do this, and while it may be convention, there are times when members' privileges are in question that cannot wait on a court and a judge to decide whether those things are important or not.

To my friend across the way and his sincere belief that the Speaker should be respected, let's respect the Speaker and the ruling, the very wise ruling, that he made. Sub judice does not and should prevent us from looking into this matter. If that is the argument being used, one can only suspect there is some other reason. That is where we get into hot water. Exactly.

Finally, Mr. Chair, because we've spent perhaps more time on this today than we planned to, I think the suggestion by Madam May and Monsieur Fortin was meant in sincerity to the government. The fact that it has been so casually dismissed is interesting.

I can only say to my friends across the way that what goes around comes around. All of these shortcuts that they've been taking around democratic inconveniences over the last number of years seem to be coming home, gentlemen. It seems to me that the news of the day should remind us of that fact that cutting corners on democracy and pretending that promises made are no longer promises made—with nominating unelected senators, with going back on your word, with finding that the debate and the to and fro in Parliament, which I believe to be a healthy thing, are somehow against the will of the almighty Prime Minister—seems to have caught back up.

Here we are at another committee, trying to allow Independents to have their independent voice and one of the few privileges that a member from a non-recognized party has. They don't have many. New Democrats have been there. Conservatives have been there. Anybody in those mini-caucuses will know that there's a great disadvantage in not being in an officially recognized party. It's not just during question period and in terms of staffing and resources; there are many others, and lots of them. This was one of them.

It was used to some great effect to show that the omnibus legislation the government was ramming through undemocratically—oh, is there a pattern here that I detect?—was flawed and should be considered in its parts. Oh, lo and behold, they made mistakes with the EI system. They made mistakes with the environmental assessment system, some of them knowingly and some of them not. They made bad legislation, and they wanted to make it quickly because it was on their timeline rather on the timeline of the country. What a shame!

11:50 a.m.

An hon. member

And taxation of credit unions.

11:50 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Oh, right, that was a couple hundred million dollars that hit credit unions across the country. What a great bit of omnibus legislation that was, gentlemen: helping the economy out, creating jobs, taxing credit unions. Well done! Why? Because you don't listen. My goodness, you've been given a sincere argument from Madam May and Monsieur Fortin and from us as well. You're choosing, obviously, to ignore that argument.

We won't prolong the conversation any more, because we have another democratic initiative—Madam Turmel's motion—to get to.

We also have our schedule to set with regard to the study of MPs' expenses. Before one gets too sanctimonious about the expenses being posted online by my Conservative and Liberal colleagues across the way, you'll note that the media certainly finds them lacking in detail, and there's an inconsistency in the fact that they're voluntary. That's what the Senate had for goodness' sake. How about we have a system that actually works consistently for everybody, which we will get to, and we will do properly and it won't be provocative for a moment and then fail in the end to bring transparency? I'll ask any of my friends here to show me where the link is on their website, for goodness' sake. I can't even find it on the Conservative Party website, but there you have it.

The fact of the matter remains—

11:50 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

Mr. Chair, on a point of order, I believe I can assist in this matter.

11:50 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

It's not a point of order.

11:50 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

In my case, you can find—

11:50 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

It's not a point of order.

11:50 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

—the information in my annual reports I publish for constituents—

11:50 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

It is not a point of order.

11:50 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

—which is in fact on my website. So I think that answers the question for me with regard to what Mr. Cullen was raising.

11:50 a.m.

Liberal

The Vice-Chair Liberal Kevin Lamoureux

As was pointed out, I don't believe it is a point of order. It might be a dispute over the facts.

11:50 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

He did say, “I invite any of you”, and I was trying to comply with that.

11:50 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

No, I think Mr. Reid's point bolsters my argument. Having five Conservatives out of 168 actually making some attempt to post transparent accounting shows the actual sincerity of their effort.

11:50 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Hear, hear!

11:50 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Maybe Mr. Reid took the comment personally, but he is also a part of his caucus, and his caucus has decided that this is their effort at transparency: five out of 168. I can't do the math quickly in my head, but it's not very many.

My point is this. At some point this lesson, this hard lesson, will be learned. I hope my friends enjoy question period this afternoon. I'm sure they will. I'm sure they'll clap and cheer enthusiastically for their leader, defending him enthusiastically as he changes the story on a daily basis as to what actually happened.

The source of this is consistent. That's what's amazing to me. We have another source of it here today, another example of it here today, which is to say if anyone raises a point counter to what the government currently believes on any issue—it doesn't really matter whether it is within the caucus, between parties, from Canadians, from reporters—the consistent theme, the pattern of language is to deny the conversation that is democratic and, I believe, foundational to this country.

So congratulations. Go win their vote. Make another shortcut around democratic debate, and remember the day when this comes back, because it will. I've been here only 10 years, but I've seen it enough to know already.

We'll, of course, have a recorded vote on this, Mr. Chair.

11:50 a.m.

Liberal

The Vice-Chair Liberal Kevin Lamoureux

I believe that's it for comments on the amendment.

We have to go through two actual votes, one on the amendment and one on the motion itself. On a personal note, my position on them has already been stated. Only if there is a tie will I break it with a vote, but at the end of the day people can read my comments if they want to know what my thoughts are with regard to it.

We're going to go, first and foremost, to the amendment.

(Amendment negatived [See Minutes of Proceedings])

Nathan, did you want this one recorded also?

11:50 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

No, we'll record on the main motion, please, Chair.

11:50 a.m.

Liberal

The Vice-Chair Liberal Kevin Lamoureux

This amendment has been defeated.

Now we're on the main motion for which a recorded vote has been requested. So I'll ask the clerk to conduct the count.

11:55 a.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Could you read the motion, please?

11:55 a.m.

Liberal

The Vice-Chair Liberal Kevin Lamoureux

It reads as follows:That, in relation to Orders of Reference from the House respecting Bills,

(a) the Clerk of the Committee shall, upon the Committee receiving such an Order of Reference, write to each Member who is not a member of a caucus represented on the Committee to invite those Members to file, in a letter to the Chair of the Committee, in both official languages, any amendments to the Bill, which is the subject of the said Order, which they would suggest that the Committee consider;

(b) suggested amendments filed, pursuant to paragraph (a), at least 48 hours prior to the start of clause-by-clause consideration of the Bill to which the amendments relate shall be deemed to be proposed during the said consideration, provided that the Committee may, by motion, vary this deadline in respect of a given Bill; and

(c) during the clause-by-clause consideration of a Bill, the Chair shall allow a Member who filed suggested amendments, pursuant to paragraph (a), an opportunity to make brief representations in support of them.

That's the motion as read. We'll have a recorded vote.

(Motion agreed to: yeas 6; nays 4)

I understand that it is the will of the committee to now go to Ms. Turmel.

11:55 a.m.

NDP

Nycole Turmel NDP Hull—Aylmer, QC

Thank you, Mr. Chair.

At our last meeting, I introduced my motion on how we should work in camera. I would like to repeat that certain conditions should be respected for in camera meetings. I have only been an MP for two years, but I find it really strange that we are reduced to having to introduce a motion to determine how we should work and what topics should be accessible to Canadians, to the media, to everyone, so that democracy and transparency are respected in our workplace.

I find it very strange because in the briefing for new members of the House, individuals from the government in power and others told us that how we work in the House is completely different from how we work in committee. We were told that things are friendlier in committee, that people try to resolve problems and find solutions that everyone agrees on. But to our surprise, neither I nor any of my work colleagues have seen that yet, and I don't think any committee works that way.

In my experience, specific rules need to be followed to sit in camera, especially when we are negotiating and do not want certain things to be made public, such as the conditions presented or the mandate we've been given. Now, everything is susceptible to being handled in camera, simply because we don't want Canadians to know what we've discussed or who was in favour and who was not. Indeed, this government runs things by making decisions in advance, without any thought to the potential consequences for Canadians, without any thought to how to resolve the problems.

My colleague said that this situation was going to hurt everyone from the standpoint of democracy, but also with respect to how we work. It's been said that Canada was a free country that tried to show Canadians, if not the entire world, that it was possible to work for everyone's well-being. But now I am seeing that there is no transparency, no democracy, not in our committee or in any others. It's truly unfortunate.

Like my colleagues, I believe that Mr. Lukiwski actually said in his presentation that he thought it was possible to work on two objectives at the same time, namely, the motion introduced by our party on transparency and how MPs submit their expense accounts and, at the same time, the question of privilege. Despite what we heard, he says that that is not what he said. I can understand why people want to work in camera. When people say one thing and then go back on their word later, it is better to have said it in camera.

It is unfortunate that the government in power wants to change ways of operating that are transparent and allow Canadians to see how motions are introduced and how decisions about them are made.

I would really like to go back to the Speech from the Throne, on the budget and Bill C-4, which we are now discussing. I think it is the best way to show that we are forcing the current Parliament to make quick decisions. I don't think this way of operating makes any sense. We are talking about decisions having to do with motions or matters that are going to undermine—I think that's the right word—what is happening across Canada, whether it's associations or even the future of the environment, democracy or agriculture.

In committee and in the House, people are allowed to block an open discussion. However, Canada wanted to be a country open to everything, open to discussion; it was transparent. We were able to answer every question, regardless of the party in power. That is the most important thing. The opposition party could have good discussions without finding out a week, two weeks or a month later that the content of budgets, motions or bills introduced by the government went completely against what we knew in Canada.

If we really want to change things, the conditions allowing meetings to be held in camera must be approved by all parties on committees or by a majority of them. That is what some provinces and associations do. It would be a good way to review our rules of procedure and allow everyone to have their say in how we work in committee.

I repeat that our motion is quite justified and it would be very acceptable to all Canadians. The important points to mention are wages, salaries and other employee benefits, as well as contracts and contract negotiations. At the start of my intervention, I referred to contracts and contract negotiations. I don't think any party or group or any business would want their mandate to be made public before sitting down and negotiating.

Labour relations and personnel matters, draft reports and briefings concerning national security are very important topics. As opposition members, we understand very well that these are things that must be discussed in camera. However, all the other topics should be available to the public and open to the media. That way, people can see who is for them and who is against them, and we can have an open discussion. I also mentioned that votes should be recorded so that the positions of the parties and of individuals are known.

I reiterate the importance of passing this motion. All parliamentary committees, including our own, need to be able to work together in a more open setting in order to resolve problems. We must not get in the way of future work of the committees or the House.

12:05 p.m.

Liberal

The Vice-Chair Liberal Kevin Lamoureux

Thank you.

Now we're going to go to Tom followed by David and then Peter.

12:05 p.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Thank you, Chair. I will again try to be very, very brief. I believe this will be the only intervention that the government will make on this issue.

We will be opposing the motion, and on very good grounds. There is a reason that committees have the ability to determine among themselves whether or not proceedings should go in camera, namely one size does not fit all. The motion before us gave us specific instances when a committee should be allowed to go in camera, but it cannot possibly anticipate every situation that would require an in camera discussion. It simply can't.

Let me give you a few examples—and just a few. We've seen examples of this before. I'm not going to mention any names. A witness might be unable to appear because of a personal reason, say a death in the family or a severe illness. The information that the witness might have would probably be critical to the committee in their judgment of the particular issue they're studying. But in the same fashion, if it were not in camera, the fact that this witness had a personal issue they were dealing with might come out in discussions about why there was a delay, why they weren't able to attend the meeting last week when we scheduled them, that type of thing. I think that's unfair.

Perhaps a witness is unable to attend or does not want to testify before a committee because of what they believe to be the possibility of some personal security issues. They might feel threatened if their appearance were noted publicly. Their personal safety might be put in jeopardy. We have a subcommittee on human rights, where I believe there would be some witnesses who would not want to appear in public for those very reasons.

Sometimes documents come to committee that reveal personal information about a witness that is not supposed to be made public, but inadvertently this information might come out because the witness appeared in public.

My point is that as much as I appreciate where Madam Turmel is coming from, there is no way any motion could be constructed that could possibly capture all of the in camera provisions that might be requested. It just can't, and that's why the committee must have the ability to determine, on their own, whether or not proceedings should go in camera or remain in public. If the motion could possibly capture everything, I would be amazed, but I just know it's not possible.

Why would we want to constrict committees to a set of examples that could prove problematic in the future? It would be the worst thing, in my view, for parliamentarians to adopt this motion and then all of a sudden an example comes forward that was unanticipated and a witness says, “This is putting me and/or my family, and/or others, in jeopardy. I would like to have testimony given, delivered to the committee, but I would like it to be in camera.” And the committee says, “I'm sorry. Because we adopted this motion, we can't go in camera.” That would be ridiculous.

There are examples that will be unanticipated. This motion does not capture it, and for that reason, we will be opposing the motion.

Thank you, Chair.

12:10 p.m.

Liberal

The Vice-Chair Liberal Kevin Lamoureux

I understand that's likely going to be the government's last word on it, but we still have two more speakers, at least.

David, you're up next.

12:10 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Thanks, Chair.

I have to tell you that has to be the lamest defence I have ever heard for keeping things secret from the Canadian public. Let's deal with the issue Mr. Lukiwski has put forward.

First of all, any committee can do anything by unanimous consent. I can't imagine that any member sitting at this table would want to publicly put anyone in any kind of jeopardy. If the motion were put forward that, by unanimous consent, a particular situation would be dealt with, that could be done. You can even write language into the motion that allows for extenuating circumstances, and then they could be defined to allow any of them to come in, and the committee could deal with it appropriately.

It didn't touch any of the other issues. Here's one of the biggest—

Pardon me, Mr. Butt.