The House is on summer break, scheduled to return Sept. 15

Non-Partisan Offices of Agents of Parliament Act

An Act supporting non-partisan offices of agents of Parliament

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Mark Adler  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

In committee (Senate), as of Dec. 11, 2014
(This bill did not become law.)

Summary

This is from the published bill.

This enactment establishes a requirement for every person who applies for a position in the office of an agent of Parliament to make a declaration stating whether, in the 10 years before applying for that position, they occupied specified politically partisan positions. The enactment also requires the persons who work in the office of an agent of Parliament to make a declaration if they intend to occupy a politically partisan position while continuing to work in the office of such an agent. The declarations are to be posted on the website of the office of the relevant agent of Parliament.
As well, the enactment requires the persons who work in the office of an agent of Parliament to provide a written undertaking that they will conduct themselves in a non-partisan manner in fulfilling the official duties and responsibilities of their positions.

Similar bills

C-520 (41st Parliament, 1st session) Supporting Non-Partisan Agents of Parliament Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-520s:

C-520 (2010) An Act to amend the Criminal Code (luring a child outside Canada)
C-520 (2008) An Act to amend the Income Tax Act (Home Buyers' Plan)
C-520 (2004) Do-Not-Call Registry Act

Votes

Oct. 29, 2014 Passed That the Bill be now read a third time and do pass.
Oct. 29, 2014 Passed That the Bill, as amended, be concurred in at report stage with a further amendment.
Oct. 29, 2014 Passed That Bill C-520, in Clause 8, be amended by replacing, in the English version, lines 39 to 41 on page 4 with the following: “responsibilities of the position in the office of the agent of Parliament, conduct”
Oct. 29, 2014 Failed That Bill C-520 be amended by deleting Clause 1.
Feb. 12, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Access to Information, Privacy and Ethics.

Motions in AmendmentSpeaker's RulingPrivate Members' Business

September 15th, 2014 / noon


See context

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, even if it is only for two minutes, I am glad to join the debate on Bill C-520 because I have watched it with great interest since it was first introduced. My observation, after listening to the debate from my colleagues and observing the member for York Centre who sponsored the bill, is that the Conservatives' all too evident disrespect for Parliament seems to have made a quantum leap to an out-and-out contempt for Parliament. The bill personifies the attitude that they will systematically undermine and chip away at all of the things that make our Westminster parliamentary system function, and one of those is the independence of members of Parliament. They undermine and try to bring into disrepute the reputations of some of the most honourable people who uphold the integrity of our parliamentary system.

However, we cannot really blame the member for York Centre for this. We all know this is not a private member's bill. In fact, the Conservatives use their private members' bills in the cheapest way possible as a way to avoid the scrutiny and oversight that government bills actually receive.

We know that 25 out of 30 of the so-called crime bills put forward by the Conservative Party were put forward as private members' bills. The Prime Minister's Office writes them and finds a willing stooge within the Conservative caucus to sponsor these bills. That way they do not go through the same legislative and constitutionality checks to ensure these bills do not offend the Charter of Rights and Freedoms. They get all the media advantage without any of the scrutiny and oversight that are supposed to take place on bills.

I wish the member for York Centre had done one thing. He had a last opportunity in this second hour of debate to apologize to the officers of Parliament whose reputations he undermined and made accusations about. Somebody has to tell Conservatives that the truth does not have a liberal bias. Their xenophobia, their paranoia is that those people who make detrimental comments about anything they do are somehow now enemies of the state and they have the rug pulled out from under them and their reputations tarnished. That is offensive to me. The member for York Centre could have used this opportunity to apologize. This is one of the things that parties do to floor-crossers. They have give them a dog of a bill because they do not really trust them anyway.

Motions in AmendmentSpeaker's RulingPrivate Members' Business

September 15th, 2014 / 11:50 a.m.


See context

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, I would like to welcome all of the members here in the House back to Parliament. The New Democrats worked hard this summer. They met with their constituents and knocked on a lot of doors to find out about people's priorities. I myself am so glad that I know more about the issues and concerns that matter most to the people of Terrebonne—Blainville.

I am pleased to rise in the House today to debate Bill C-520. Since I am a member of the committee that studied this bill, I feel confident talking about just how bad it is.

I would like to begin by saying that the NDP will always seek to strengthen political impartiality and transparency in Parliament. The NDP believes that Parliament cannot function well without these values, which underpin its credibility and that of its institutions. My NDP colleagues and I fully embrace the principle of political neutrality and transparency.

I also believe that any bill whose purpose is to implement measures based on these principles must be drafted with great care and attention to detail. Unfortunately, that is not the case with Bill C-520. Not only is it badly written, it is also yet another sorry attempt by the government to cover up its own failures in terms of parliamentary accountability.

Other than the title—which, by the way, is a smokescreen—the content of Bill C-520 is useless, redundant and tinged with malice. Still, Canadians will not be taken in. They are well aware that the true purpose of this bill is to intimidate agents of Parliament, the very people whose mandate is to protect Canadians from the government's abuses.

This shows yet again that the Conservatives do not want to be accountable to anyone.They want to do what they want to do when they want to do it, and they could not care less about democracy. With a bill like Bill C-520, they are not even trying to hide the fact. This is another sorry example of the Conservatives' way of doing things: a witch hunt targeting those who would bring them into line.

The NDP strongly opposes this bill, which is rife with flaws, omissions and sinister motives. We are very proud of our work in committee. We worked hard to force the government to eliminate the worst parts of Bill C-520. Even so, this bill serves no purpose, and that is what I would like to demonstrate today.

When the hon. member for York Centre appeared before the Standing Committee on Access to Information, Privacy and Ethics to defend his bill, he described it as “imperative” and “critical”. Using such an alarming tone suggests that the political neutrality of agents of Parliament is often threatened. That is what my colleague, the hon. member for Timmins—James Bay, was trying to find out more about. He asked the member for York Centre whether he had any examples of partisan activities conducted by any of the nine offices of the agents of Parliament who are subject to his bill. Oddly, the hon. member for York Centre had no concrete examples to provide. Not one.

It is odd that Bill C-520 is meant to address a problem that does not exist. Even more strange, or more worrisome, I should say, is that during review in committee we found out that the hon. member for York Centre did not contact any of the nine offices of the agents of Parliament when his bill was being drafted, even though they will be directly affected by the proposed measures in the bill.

If the hon. member had bothered to take this more seriously and had held consultations, he would have soon realized that we already have a whole series of laws and codes of ethics governing the offices of agents of Parliament and that those laws and codes impose political neutrality on anyone employed by those offices. For example, most of the offices of agents of Parliament are already regulated by the Public Service Employment Act, the Political Activities Regulations and the Values and Ethics Code for the Public Sector.

Other laws are in place to ensure the political neutrality of offices that are not subject to the Public Service Employment Act, such as the office of the Conflict of Interest and Ethics Commissioner, who is appointed under the Parliament of Canada Act. This statute takes political neutrality into account in the appointment process. What is more, the commissioner's office is governed by a code of values and standards of conduct that specifically and thoroughly addresses political activities and neutrality. A number of other agents of Parliament have their own code of conduct that complements the current legislative regime.

As hon. members can see, we already have a host of laws and public policies that ensure the political neutrality of agents of Parliament and their employees.

The three agents of Parliament who testified before the committee did not provide any examples of a conflict of interest or political partisanship. Their employees are professionals who carry out their official duties in a strictly non-partisan way.

Clearly, the current system is working. It is effective and, as a result, Bill C-520 is unnecessary and redundant. It is therefore not surprising that the member for York Centre was unable to provide any examples of partisan actions.

If the government was really serious about its approach and was actually acting in good faith, it would have consulted all of the agents of Parliament and invited all of the agents affected by Bill C-520 to testify in committee. However, it did not do so. In my opinion, that was the least the government could have done.

When I read Bill C-520 for the first time, I wondered what the real motives of the member for York Centre were. After all, this bill does not solve a problem; rather, it is a solution that is looking for a problem.

We have to ask ourselves why such a bill is being introduced since, in addition to duplicating systems and creating overlap, Bill C-520 is seriously flawed. Well, I got an answer this past June.

Everyone agrees that Bill C-520 is an unfair attack on the agents of Parliament whose duty it is to monitor the Conservatives. We learned from an article in the National Post that the member for York Centre, the sponsor of this bill, accepted inappropriate donations from lobbyists that he met as part of his work on the Standing Committee on Finance.

This type of solicitation violates the guidelines issued by the Conflict of Interest and Ethics Commissioner, which prohibit MPs from targeting any organizations or individuals with which they anticipate having official dealings.

This is not the first time that this type of thing has happened. Over the past few months, even Conservative ministers have had to pay back donations that the Conflict of Interest and Ethics Commissioner deemed inappropriate.

Clearly, the current government does not want to be accountable any more than it wants to be monitored. The agents of Parliament are doing an excellent job of protecting us from government abuse, since the Conservatives are being caught with their hands in the cookie jar on a regular basis.

Rather than following the rules, the Conservatives are seeking to undermine the credibility of those who monitor them by unfairly attacking those individuals. That is what happened with the former parliamentary budget officer and, more recently, with the Chief Electoral Officer.

Bill C-520 is nothing more than a cynical attempt on the part of the Conservatives to make Parliament less accountable to Canadians. It is very worrisome.

Canadians deserve a government that respects parliamentary institutions, not one that tries to circumvent the rules and take advantage of the system.

I would like to speak to another aspect of this bill that is of great concern to me, namely the privacy rights of employees in the offices of agents of Parliament.

This bill requires anyone who applies for a position with or works in the office of an agent of Parliament to produce a written declaration indicating any partisan positions they have held in the past 10 years. The bill also requires that the declaration be posted on the office's website. In my opinion, these requirements are unnecessary and violate employees' privacy.

Everyone knows that the Conservatives do not care about Canadians' privacy. That is blatantly obvious in this case.

Forcing office employees to publicly divulge this type of information could have serious consequences because their work location and political affiliations would be made public. What is more, in 10 years, an employee could have changed affiliations or completely ceased any political involvement.

Those kinds of factors could cause employees keep quiet instead of disclosing this information. In addition, they may be concerned about the impact such declarations could have on their career and therefore may be reluctant to disclose anything.

Thanks to the NDP's hard work and effort, we avoided the worst. When this bill was studied in committee, we got the government to back down and forced it to withdraw the most dangerous provisions in the original bill.

Unfortunately, the concessions the Conservatives made do very little to assuage our concerns, which are shared by the agents of Parliament. Bill C-520 is still a set of useless provisions that will lead to confusion and make agents of Parliament less independent.

The NDP will continue to work to protect the agencies of parliamentary oversight.

Our country deserves better than a selfish, mean-spirited government.

Motions in AmendmentSpeaker's RulingPrivate Members' Business

September 15th, 2014 / 11:15 a.m.


See context

Conservative

Mark Adler Conservative York Centre, ON

Mr. Speaker, I would first like to welcome all of the members back from a long summer in their constituencies, and who serve the people who place their trust in us. Welcome back, to all of my colleagues.

I am pleased to have this opportunity to provide the government's response to Bill C-520, an act supporting non-partisan agents of Parliament. I am certain most would agree that non-partisanship is an essential element of both the professional public administration and responsible democratic government. A non-partisan public service is one where appointments are based on merit and are free of political influence, and where public servants perform their duties and are seen to perform their duties in a politically impartial manner. The government values this vital feature of our Westminster system of government and is committed to safeguarding the principle of political impartiality, which is why it is pleased to support the bill before us.

We are privileged in this country. We have one of the best public services in the world. Public servants are vital to the success of our country. No government, of any partisan stripe, can maintain and build a strong, united, and secure Canada without the assistance of a professional, capable public service that is committed to the public interest.

One has to only look at the public service awards of excellence to see how public servants make a difference in the lives of Canadians. From investigating and reporting on disasters, to improving access to data, to engaging Canadians across the country from space, public servants rise to the challenges presented to them daily and make us all proud. Public servants are dedicated people, who care about our country and want to contribute to making it a better place to live. It is public servants who welcome immigrants to start new lives here by deciding on cases of individual applicants. It is public servants who administer income support programs, such as the Canada pension plan and old age security, and provide approximately 200,000 Canadian seniors with their only source of income. An effective public service is key to getting things done for ordinary working Canadians and their families.

This is important. One of the keys to an effective public service is the principle of non-partisanship. In fact, one of the drivers behind the creation of a non-partisan public service some 100 years ago was the view that the public service had become inefficient and ineffective because it was largely staffed on a partisan basis. As a result, public servants often lacked the necessary qualifications for their positions. Furthermore, a century ago the appointment of public servants for partisan reasons was blamed for swelling the ranks of the public service. It is therefore essential to the success of the public service that its reputation and tradition of impartiality be maintained and protected, which is why this bill is so welcomed.

In budget 2013, the government committed to review and update public service processes and systems to ensure that the public service continues to serve all Canadians well. This bill is consistent with that commitment. It recognizes that while non-partisanship is expected of all public servants, agents of Parliament play a particularly important role in government oversight. Agents of Parliament carry out duties assigned by statute and report directly to Parliament. The individuals appointed to these offices perform work on behalf of Parliament and report to both chambers, usually through the Speakers.

Given the close relationship between parliamentarians, agents of Parliament, and their employees, it is vital that they carry out their duties free from political interference, and that they remain independent of all political affiliations.

Furthermore, given the high level of visibility of these offices, it is vital that their work be approached in a non-partisan way to maintain the confidence of parliamentarians and Canadians. To that end, this bill would require every person who applies for a position in an office of an agent of Parliament to make a declaration about their past engagements in politically partisan positions. This declaration would state whether in the last 10 years before applying for that position the person occupied certain specified politically partisan positions. The declarations would be posted on the website of the office of the relevant agent of Parliament. As well, the bill would require persons who work in these offices to provide a written undertaking that they will conduct themselves in a non-partisan manner in fulfilling the official duties and responsibilities of their positions.

I am pleased to report that the bill was subject to a thorough examination by the Standing Committee on Access to Information, Privacy and Ethics. The committee heard from a number of witnesses and has recommended a number of amendments. In particular, I would like to highlight the following amendment, which is that agents of Parliament would no longer be required to conduct an examination of alleged partisan conduct and that they would therefore no longer be required to report to Parliament on such examinations.

In sum, the bill as it now stands provides enhanced accountability and transparency. It gives parliamentarians the confidence they need that the conduct of those who work in the offices of agents of Parliament is impartial. As stated in the bill itself, it would help to avoid potential conflicts that are likely to arise or be perceived to arise between partisan activities and the official duties and responsibilities of an agent of Parliament or any person who works in the office of an agent of Parliament.

I therefore call on all members to join me in supporting Bill C-520.

He said: Mr. Speaker, as always, it is a great honour to rise in this House and represent the people of Timmins—James Bay and to have the first speech in what might be the final session of this Parliament.

The debate we are having today is very telling. We in this House represent our partisan interests. We are a party-based system, so we are expected to come in wearing our partisan interests.

However, all of us, regardless of what party we are in, have a larger responsibility, in that we are parliamentarians. We are part of a system of democratic accountability that has been worked out in the Westminster tradition through centuries. Each one of the precedents that have been established in the various Westminster systems establishes a code of conduct that we are all supposed to be part of, which is that the overall obligation of Parliament is to represent the interests of the Canadian people in an accountable and fair manner.

However, what we have seen with the current government is a steady attack on the basic institutions that hold this Parliament to account. We are now moving to the stage where this Parliament has become very much a Potemkin democracy. Certainly we have debates and we have votes, but it is becoming more and more of a charade in which the powers of decision-making are being moved into the executive around the Prime Minister's Office through cabinet secrecies without accountability, and Canadians are left watching a spectacle in this House that is often a degradation of the very notion of parliamentary accountability.

We see that what has happened in this Parliament under the current majority government is a steady attack on the officers of Parliament. People back home need to understand that the role of the officers in Parliament is of non-partisan experts whose job is to hold parliamentarians, bureaucrats, and cabinet ministers to account. However, that runs counter to the Conservative notion of accountability, which is hold their enemies to account and use the levers and powers of government to go after their straw men and their perceived enemies.

All parliamentarians have to be engaged in ensuring that our parliamentary officers have the powers they need to ensure a functioning democracy. These officers include the ethics commissioner, the lobbying commissioner, the Privacy Commissioner, the access to information commissioner, Elections Canada, and official languages. As well, we have recently brought in a parliamentary budget office.

Let us look at the pattern under the current government before we get to this rather ridiculous bill that we are debating today.

Everyone remembers the absolutely vicious trashing of the former parliamentary budget officer, Kevin Page, whose credibility probably ranks him as one of the most respected public servants I have met in my public career and who was relentlessly attacked because he was not a toady for the Prime Minister's Office.

We see the attack on Elections Canada and the attempt to change the electoral laws to make it illegal for the Elections Canada officer to speak out about the basic rights Canadians have in a voting democracy. Certainly they had to pull back some of those amendments because they were so far over the line, but the attack from the Prime Minister's spokesman on the credibility of Elections Canada is once again moving us much further across this moral Rubicon that the Conservatives crossed many years ago.

We saw the gutting of the Conflict of Interest Act when they brought in recommendations that not a single witness supported or even talked about because they were so ridiculous. The gutting of the Conflict of Interest Act is so ridiculous that the Conservatives would now hold 250,000 civil servants to the same account as a parliamentary secretary. People working in a Service Canada call centre in Moose Jaw would now be under the ethics commissioner in the same way as a parliamentary secretary who is receiving money from lobbyists for fundraisers. They would be held to the same account. The Conservatives have watered down the act to make it virtually useless.

We see their use of government resources against charities, again their perceived enemies, by using the Income Tax Act to go after Oxfam and tell Oxfam, an internationally respected organization, that in the country of Canada it cannot declare that it is out to fight poverty.

We see the member for Renfrew—Nipissing—Pembroke, who always has a light bulb burning half bright with some of the motions that she has brought forward. She has now brought forward this motion that NGOs, which are health organizations and international groups, will have to announce what kind of international money and connections are backing them. This is not about going after backroom lobbyists or bureaucrats; it is about going after charities and NGOs.

I was looking at the member for Renfrew—Nipissing—Pembroke's bill. The only bills similar to it anywhere in the world are in Belarus, Pakistan, Saudi Arabia, China. There is not a credible western democracy that would use its levers of government to go after NGOs, except the current government. We see with Bill C-520, which was rightly called a government witch hunt, that there is no legislation anywhere in the world that is even close to what is proposed here.

This is a fascinating bill, because it was so badly thought out and such an overreach that the Conservatives could not bring any witnesses to back it up. Even right-wing ideologues with tinfoil hats would not come forward to defend this ugly baby. The government did not want any witnesses, so it had to strip its own bill because the bill was so odious. Under this bill, a parliamentary secretary under investigation for receiving all kinds of money for lobbyists could demand an investigation of the lobbying commissioner. Again, the people who are supposed to be investigated are the ones who have the power to do the investigating.

This bill, which was called a witch hunt, is an attack on the credibility of independent parliamentary officers so that now they have to make declarations. There is not much left in this bill. This bill was so odious that, my God, the poor Conservatives had come in and squeeze all the ugly guts out. They were pale when having to deal with it because it was such a dumbed-down bill, but what they left in it was the obligation that if someone is working in the ethics office or wants to work for the Privacy Commissioner, that person has to make a declaration of all his or her political activity going back 10 years.

Speaker's RulingPrivate Members' Business

September 15th, 2014 / 11:05 a.m.


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The Speaker Andrew Scheer

There are 11 motions and amendments standing on the notice paper for the report stage of Bill C-520.

Motions Nos. 1 to 11 will be grouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 1 to 11 to the House.

Access to Information, Privacy and EthicsCommittees of the HouseRoutine Proceedings

May 26th, 2014 / 3:05 p.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I have the honour to present, in both official languages, the second report of the Standing Committee on Access to Information, Privacy and Ethics in relation to our study of the main estimates 2014-15, specifically vote 1 under the Office of the Commissioner of Lobbying of Canada; vote 2 under the Office of the Conflict of Interest and Ethics Commissioner; votes 1 and 5 under the offices of the information and privacy commissioners of Canada; and vote 1 under the Office of the Senate Ethics Officer.

I also have the honour to present, in both official languages, the third report of the Standing Committee on Access to Information, Privacy and Ethics in relation to its study on Bill C-520, An Act supporting non-partisan agents of Parliament.

Reference to Standing Committee on Procedure and House AffairsPrivilegeRoutine Proceedings

March 3rd, 2014 / 5:20 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, it is a great honour, as always, to rise in the House and represent the people of Timmins—James Bay.

I have to say that this is not a happy night because it represents yet another lowering level within the House under the Conservative government in its abuse of the Westminster system that we certainly hold dear.

When I say that it is an honour and a privilege to rise and represent the people of Timmins—James Bay, it is because they choose to have me here and they will choose some day if I am not to be here. I respect that. I understand that I have certain obligations to fulfill while I am here.

There are certain words we use. We use the word “privilege”. It is an interesting word. We have privileges as members of Parliament. For example, we have privileges that protect us from libel so that in certain instances, when a question or comment is heated, within the House we are able to debate that. Sometimes, questions have to be asked that may later turn out to be unfounded, but our role as parliamentarians is to question and to find out whether the people of Canada are being represented. We have to have certain privileges to keep us able to do that job.

However, with privilege comes a clear responsibility. My hon. colleagues on the other side may not realize it, but we are legislators. Our job is to create the laws of Canada. We are part of a larger legislative system, the Westminster tradition. What is decided here, in terms of precedent, is looked at in other parliamentary democracies.

One of our key responsibilities as members of Parliament is to speak truthfully in the House, meaning not to lie. That does not mean to use embellishment, to exaggerate, to zigzag, or to avoid. That all happens within the House, but the obligation to not lie is a fundamental principle because to lie is to mislead the work of parliamentarians.

We have to look at this situation and put it in context. The threshold for finding someone in a prima facie case of contempt is very rare. People apologize in the House for saying all manner of things, all the time. After they make their apology, that is considered the end of it.

I think back to 2006 and Jim Prentice, who was also from Timmins. I think I used colourful language about certain human behaviour in a washroom when I thought of his response. I later said that it was not appropriate and I apologized. That was colourful, but that is different from attempting to mislead the work of Parliament and attempting to undermine it.

If we look up the word “contempt” in the dictionary, parliamentary contempt is interference with the work of Parliament.

The three criteria found against the member for Mississauga—Streetsville are as follows. First, he made a statement that was false. In fact, he did not say it once; he said it twice. Second, he knew that it was misleading. Third, he did it in an attempt to mislead the House.

Let us look at what he did. We are dealing with a bill, this voter suppression act, which is a very disturbing piece of legislation because what the government has decided to do does not deal with the issues that came out of the 2011 election, of widespread issues of voter suppression and voter fraud through robocalls. It was judged in the Canadian court system and it was found that there were numerous cases of interference in the right to vote, traced back to the Conservative database. Elections Canada was not able to identify the actual perpetrators because the Conservative Party interfered by not putting up any witnesses and interfered with Elections Canada's attempt to find witnesses. All we know from that court finding was that across Canada, in key ridings, attempts were made to deny Canadians their right to vote, and the Conservative database was used.

One would think that clearing up the Elections Act would be to ensure that Elections Canada has the power to subpoena witnesses and to go in and examine who had access to the database where actual fraud occurred.

However, the bill does not deal with that at all. What it does is to flip the issue. We are not talking in the House any longer about known cases of voter suppression and voter fraud by unknown Conservative operatives. Now the onus is on average Canadians. The government is telling us is that it is average Canadians who are defrauding the system. There has not been one case brought forward that the Conservatives could point to. That is a problem, because we have numerous instances, and I could name the ridings, where we know that voter fraud happened through robocalls. However, they cannot give one instance of a Canadian citizen interfering, undermining, or voting fraudulently.

This gets to the issue of motivation. The member for Mississauga—Streetsville stood up in the House and claimed to have witnessed a crime. That is an extraordinary thing. My colleagues on the other side are telling us that this is perfectly okay. They say we all torque or embellish, and that is how they are conditioned. I do not know how it is seen as perfectly okay to walk into a legislature, where laws are being decided, and claim to have witnessed a crime that never occurred. That is what the member for Mississauga—Streetsville said. He said that he witnessed people picking up voter cards, going to the campaign office of whatever candidate they supported and handing out the voter cards to other individuals, who then walked into voting stations with no ID and with friends who vouched for them. He said that he personally witnessed this crime.

He then said later that he would relate something that he had actually seen. He claimed to have witnessed a crime. He said he had seen campaign workers pick up a dozen of these cards and walk out. What were they doing? When one stands up and attempts to mislead the House by claiming to have evidence when no evidence exists, claims to have witnessed crimes that never occurred, one has shown absolute contempt for the work of this Parliament and for the people who elect them.

Our Conservative colleagues are saying that we are all conditioned to do that. I do not believe we are all conditioned to do that. They say that we all torque and embellish. I do not believe that we are here to lie to Canadians. I do not believe that lying has any place in the House of Commons, and it certainly does not. This is what the parliamentary tradition tells us. However, the Conservatives are telling us that this is the way things are done and that New Democrats are being mean for having pointed it out.

This is not the first time that they have made up these kinds of claims. The present Minister of Heritage, on May 3, 2012, claimed to have witnessed a crime because she was under the gun for allegations that robofraud had happened in her own riding against the other parties. She claimed, “...Hey, I got a live call and was told to go to another polling station”. That is serious. If she knew voter fraud was occurring it would be incumbent upon her to call the authorities. When she was pressed about where that voter fraud from other parties happened in her riding then she retracted and said she was sorry, that maybe she had misspoken. This is serious. We are talking about whether or not crimes have occurred.

This is about a larger issue of abuse of our parliamentary system. It is about undermining the work of committees, which has gone on since the government received its majority mandate. It is about creating reports based on evidence when there is no evidence. We saw recently, with the conflict of interest study, where the government completely gutted the basic principles of the accountability act and put recommendations into the report that were never heard. Witness after witness said we needed to strengthen the Conflict of Interest Act, and the Conservative government members came to the committee and made up recommendations out of thin air and then passed them at committee. That is what is happening in terms of undermining.

Why is this serious? It is because in the Westminster tradition we do not have all the checks and balances that they have in the U.S. legislative system. There is an understanding that people will act with a certain degree of honour and that it is within committees where we are supposed to work together.

We see now Bill C-520, with which the member for York Centre would bring in power so that Conservatives who were under investigation could demand investigations of the Auditor General and Conservatives who were under investigation for abusing the Lobbying Act could demand investigations of the Lobbying Commissioner.

There is not a Parliament anywhere in the western world where those under investigation get to write laws to allow them to open investigations into the people whose job is to hold parliamentarians and lobbyists to account. However, in this topsy-turvy Conservative world, Conservatives believe that this bill is imperative.

I asked the member for York Centre the other day if he had one example to back up this bill and claims about agents of Parliament such as on the Auditor General, who was investigating his friends in the Senate, or the Ethics Commissioner, who has investigated his friends on the Conservative front bench, or Elections Canada, which is under attack from the Conservative government with the false claim that it is wearing a team jersey. I asked the member if he could give me one example, but he could not.

This is about creating a pattern of governing without evidence. That is a serious breach, because if we do not base the rule of law on evidence, then there is no proper rule of law.

I ask you, Mr. Speaker, to consider what happened to the party over there that promised accountability. I think of the minority response from the Canadian Alliance to the case of contempt found against the Liberals. This is what the Canadian Alliance said at the time said. I am holding up a moral mirror for those members to look into, but I do not think any of them want to look up.

This contempt cannot be dismissed as mere forgetfulness that might occur in the heat of questioning. It is instead a deliberate attempt to mislead....

Parliament cannot exercise that vigilance when it is misled or lied to. To mislead Parliament shows contempt for Parliament. It must not be tolerated at any time....

This is what we are talking about today. We are talking about a member who came into the House, not once but twice, and lied about witnessing crimes that never occurred. He then waited 19 days to correct the record. He never apologized. The honourable thing to do when one makes a mistake is to apologize, but he never apologized.

If a member stands in the House and claims to have witnessed crimes and does not follow through, then that member is certainly culpable. I still call my hon. colleague “honourable”, even though what he has done is very dishonourable. If the hon. member for Mississauga—Streetsville claimed to have witnessed a crime and was emphatic that he saw fraud being committed, then he had a legal responsibility to report it. However, he did not, because he was making it up. He put himself in a very difficult position as a spokesperson for the Conservative government on a bill that would take away basic rights from Canadians to vote, because he did so on the premise that he witnessed crimes that had never occurred.

According to the Westminster tradition, the decision that will be made by the committee will have to look beyond the narrow interests of the Conservative war machine. I am very disturbed about their willingness to do this, because we have seen time and time again that the Conservatives put their narrow interests ahead of the larger obligation that we all have as parliamentarians. We saw it with Bev Oda, a disgraced minister who was found in contempt of Parliament for lying. Were there any consequences? No, there were not.

We found that the Conservative government prorogued Parliament, shut it down, to stop an inquiry into abuse of Afghan detainees. That report has never really been dealt with, and it still remains a black mark on Canada because it was not dealt with. The Conservatives actually shut down the work of Parliament rather than get to the bottom of whether or not this happened.

We remember the other prorogation, when the Conservatives shut down the work of Parliament in order to avoid a non-confidence vote. It is a larger contempt for democratic privileges that we are seeing here.

If we see the Conservative government attempt to shut down debate in this House about whether or not it is okay to come in and lie while a proposed law is being debated, it will set a precedent that will show other countries in the parliamentary system that Canada holds the parliamentary tradition very cheap. I think members would agree with me that we need a higher standard.

I have heard all manner of prevarications from the Conservatives tonight about how we are all supposed to get together and show respect for one another. I would love to believe that, but it is like being invited to a picnic with alligators. I just do not believe it.

I have seen in committee work that every good amendment brought forward is routinely rejected. The basic work of Parliament is always in camera so that the Conservatives can abuse their majority. Conservative members do not show any interest in working with the other parties.

To Conservatives, colourful is the same as lying. It is not. Passion is not the same as misrepresenting the truth. They say that everyone embellishes and everyone torques. That is simply not true.

Supporting Non-Partisan Agents of Parliament ActRoutine Proceedings

June 3rd, 2013 / 3:15 p.m.


See context

Conservative

Mark Adler Conservative York Centre, ON

moved for leave to introduce Bill C-520, an act supporting non-partisan agents of Parliament.

Mr. Speaker, I rise in the House today to introduce an act supporting non-partisan agents of Parliament. The act would establish a requirement for all persons who apply for a position in the office of an agent of Parliament to make a declaration stating whether, in the 10 years before applying for that position, they occupied specified politically partisan positions. For successful candidates, these declarations would be posted online.

The act would also require the persons who work in the office of an agent of Parliament and these agents to make a declaration if they intend to occupy a politically partisan position while continuing to occupy their positions. These declarations would also be posted online.

As well, the act would require an agent of Parliament and the persons who work in his or her office to provide a written undertaking that they will conduct themselves in a non-partisan manner in fulfilling the official duties and responsibilities of their positions.

Agents of Parliament are given the important mandate to perform non-partisan duties in Parliament, and the public has a right to know whether or not the agents or those who work in these offices are engaging in political activities.

This would help protect the institution of Parliament and bring more transparency and accountability into the Canadian political process.

(Motions deemed adopted, bill read the first time and printed)