Agriculture Committee on Aug. 19th, 2008

[Michèle Demers]

Throughout this entire matter, from what I heard in the testimony yesterday, I wonder who is asking himself questions about the handling of this document. Who is questioning the manner in which it was determined that it was confidential? I saw the document. The only mention of confidentiality it contained appears on page 1 of the letter from Wayne Wouters. That was not the case on page 2 or in the rest of the document. On the other hand, there were handwritten "c.c." notations to all kinds of people within the agency. Do you handle a confidential document by placing a half-erased stamp in the right-hand corner of the first page? Do you leave an allegedly highly confidential document in a computer system accessible to everyone? If it was so important that the document be confidential, who was at fault in this case?

[The Chair, Conservative, James Bezan]

Mr. Komarnicki.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Thank you, Mr. Chair.

Ms. Demers, you certainly have expressed an opinion on a number of matters. Your responsibilities are to obviously represent the public service, but you've expressed opinions on public policy, including what this committee should have before it and the role of the committee. I want you to know, as a member of Parliament and a committee member, I reserve that right unto myself, notwithstanding your opinion.

Now, with respect to the document in question, all members of the public service are required to undergo a security clearance before they're employed, is that not correct?

[Michèle Demers]

That is correct.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

And part of that security clearance requires them to sign a statutory declaration. You're aware of that. Is it not true?

[Michèle Demers]

Uh-huh

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

And part of that statutory declaration requires that they maintain the public trust and, specifically, deal with matters of confidence. Is that not true?

[Michèle Demers]

Uh-huh.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

And they are not to release, without appropriate authority, any of those types of documents without authorization. Is that true?

[Michèle Demers]

That's true.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

And that an unauthorized release could potentially infringe various acts, such as the Security of Information Act, the Access to Information Act, the Privacy Act, and other acts of Parliament, as well as government security policy or the oath of secrecy. You're aware of that.

[Michèle Demers]

Uh-huh.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

So when you have a document like that and you have an understanding that you signed, in writing, when you see a document that is marked in any way confidential, you know it's a serious matter to deal or release that document without authorization.

[Michèle Demers]

If you see that it's a confidential document, yes.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Yes. I thought I heard you say that the document had marked on it “Confidential”. Did it or did it not?

[Michèle Demers]

It did, but you had to pay really close attention to see it.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

But you saw it.

[Michèle Demers]

I did.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Do you have any security clearances yourself that you signed saying that you too are obligated by these types of protocols?

[Michèle Demers]

Well, I did when I was working for the public service.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Yes. So you're quite familiar, when you see something marked “Confidential”, that there's a reason and a purpose to that. Is that not true?

[Michèle Demers]

Uh-huh.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

And that you must then speak to the appropriate authority, and in this case it would be your employer. Is that not true?

[Michèle Demers]

Yes.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

So you would expect the person who gets a document that's confidential, and marked as such, to bring it to the attention of the employer, not someone else. Is that not true?