Hello, colleagues. I won't say good morning or good afternoon, because the time is different depending on where you are, but I will call the meeting to order. Welcome to meeting number 21 of the Special Committee on Canada-China Relations.
Today's meeting has been requested by four members of the committee pursuant to Standing Order 106(4).
Standing Order 106(4) applies to this special committee, pursuant to the motion adopted by the House on January 25, 2021. Pursuant to that same motion, today's meeting is in hybrid format.
Before turning the floor over to Mr. Genuis, I wish to say a few words regarding parliamentary privilege and the obligation of witnesses to answer questions.
Parliamentary privilege stems from the Constitution Act, 1867, and refers to the powers, rights and immunities that are deemed necessary for the House of Commons and its members to fulfill their functions. Among those rights is the power to conduct inquiries, summon witnesses and order the production of documents. The House delegates those powers to the parliamentary committees it creates.
The Parliament of Canada Act is also central to the power of committees to obtain pertinent and truthful testimony. It also provides for freedom of speech to all committee members as well as to all witnesses appearing before committees.
Witnesses must answer all questions from committee members. On the other hand, members have been urged to display “appropriate courtesy and fairness” when questioning witnesses.
Committees ordinarily accept the reasons given by a public servant for declining to answer questions, which may involve the giving of a legal opinion, may be seen as a conflict with the witness' responsibility to the minister, may be outside of their own area of responsibility, or may affect business transactions.
It is up to the committee to accept or reject the reasons provided by the witness. Should the committee reject the reasons provided by the witness and the witness still refuse to answer, the committee may report the situation to the House.
Matters pertaining to parliamentary privilege can be decided only by the House, and only the House can intervene in cases in which it deems that parliamentary privilege has been breached.
I hope that shed some light on the situation.
I'd now like to thank Philippe Dufresne, law clerk and parliamentary counsel, and Michel Bédard, deputy law clerk and parliamentary counsel, for being with us.
I'd also like to thank them for providing us with a written legal advice on the current situation. I have requested that they be present today to answer any questions committee members may have.
I also wish to inform committee members that the Minister of National Defence has confirmed his appearance for Monday, April 12, 2021.
Now I would like to turn the floor to Mr. Genuis.
If you wish, you may now move your motion and speak to it. I will then call for debate and establish a speakers list.
Please proceed.