Canada-China Relations Committee on May 10th, 2021

[The Chair, Liberal, Geoff Regan]

Thank you very much, Madam Clerk.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

I have a point of order.

[The Chair, Liberal, Geoff Regan]

Go ahead, Mr. Genuis, on a point of order.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Could I just quickly clarify my motion by responding to Madam Clerk?

First, I just sent you an email with the French version, so hopefully that version allows the motion to be distributed.

Second, I was very intentional in this amendment in not raising the question of the privileges of the committee. I understand that questions of privilege have different implications for the House and that is a further option that the committee has before us. I would propose, if it's agreeable, given that you've done the work in preparing that draft report, that you do distribute it to members so we can have it for our consideration, but that is not the amendment I'm proposing.

The amendment I'm proposing—and you noted this in your comments—would say that if the documents are not provided within seven days, that a report be sent to the House, which if concurred in would amount to a House order for the production of the documents. It would still, at that point, not be a privilege issue; it would be a House order.

Madam Clerk, correct me if I'm wrong, but I have intentionally stopped short of taking this to the furthest possible extreme.

[The Chair, Liberal, Geoff Regan]

The clerk is nodding in agreement, it appears.

I'll go to Ms. Zann, now.

[Lenore Zann, Liberal, Cumberland—Colchester, NS]

Thank you, Mr. Chair.

Regarding my original motion, I had said at the end of it something that Mr. Oliphant repeated, and that was to request the Parliamentary law clerk to review the documents and ascertain the fairness of them. That was actually in my motion. It read:

That the unredacted documents from the Public Health Agency of Canada be provided to the Law Clerk and Parliamentary Counsel for him to review and ascertain the fairness of them.

Mr. Chair, are we going to vote on that motion? I'm certainly willing to listen to more questions and ask more questions if people would prefer me to take my motion off the floor. I can do that too.

[The Chair, Liberal, Geoff Regan]

We are presently debating an amendment to your motion, Ms. Zann, and that amendment is on the floor. Prior to that, your motion was on the floor.

As I understand it, that motion now belongs to the committee, so an individual who has moved a motion can't retract the motion. The committee has possession of the motion once it's been moved.

[Lenore Zann, Liberal, Cumberland—Colchester, NS]

Thank you.

Could the clerk make sure the last part is there?

[The Chair, Liberal, Geoff Regan]

I think the clerk may have that wording, but perhaps—

[Lenore Zann, Liberal, Cumberland—Colchester, NS]

When she repeated it, it wasn't part of it.

[The Chair, Liberal, Geoff Regan]

Perhaps you could text or email her to make sure the wording is right.

[Lenore Zann, Liberal, Cumberland—Colchester, NS]

I don't know if I have her email.

[The Chair, Liberal, Geoff Regan]

Madam Clerk, do you have the wording as Ms. Zann has stated it?

[The Clerk]

What I read previously was, “That the unredacted documents from the Public Health Agency of Canada be provided to the Law Clerk and Parliamentary Counsel.”

I do have another part, “to review and ascertain”, and then I am missing additional words.

[Lenore Zann, Liberal, Cumberland—Colchester, NS]

They are “the fairness of them”.

[The Chair, Liberal, Geoff Regan]

The motion is before us.

[Lenore Zann, Liberal, Cumberland—Colchester, NS]

Thank you.

[The Chair, Liberal, Geoff Regan]

The amendment of that motion is also before us, and we are debating the latter at the moment.

[John Williamson, Conservative, New Brunswick Southwest, NB]

I have a point of order, Mr. Chair.

[The Chair, Liberal, Geoff Regan]

Just a minute, Mr. Williamson. I am talking about a point of order at the moment.

Either of those could be withdrawn, but only with the consent of the committee.

I recognize Mr. Williamson on a point of order.

[John Williamson, Conservative, New Brunswick Southwest, NB]

I thought we were working off the motion that was put by MP Zann, which the clerk read, and then MP Genuis made an amendment to modify it, and that is the debate.

It seems that MP Zann has now come in and added other words. I don't know how that impacts Garnett's amendment, but I want to make sure we're not amending the motion while discussing the amendment to it.

[The Chair, Liberal, Geoff Regan]

As I see it, Ms. Zann has indicated that the clerk didn't get all the wording of the motion she made.

[John Williamson, Conservative, New Brunswick Southwest, NB]

I have a point of order on that. The motion, as she put it forward, was read by the clerk, and that was her time to correct it. It seems odd that we're having it amended now. I hear what you're saying, but if she is permitted to do that, then MP Genuis should be allowed to tweak his.

I'm not sure that having the law clerk judge fairness is in his purview. That is a question, I think, for legislatures. He is here to provide us legal counsel, so I worry that the term “fairness” is modifying her motion in a way that Garnett did not respond to, and he should be given the ability to do so if he thinks that is necessary.

[The Chair, Liberal, Geoff Regan]

Thank you, Mr. Williamson.

Madam Clerk, could you read the motion as Ms. Zann is indicating she first made it, and then read the motion to amend, please?

[The Clerk]

Yes, absolutely.

The first motion moved by Ms. Zann was, “That the unredacted documents from the Public Health Agency of Canada be provided to the Law Clerk and Parliamentary Counsel.”

It's very possible that I missed the last part, but that was the version I had.

I have the amendment moved by Mr. Genuis, which I sent to all of you by email maybe two minutes ago. I can read that as well.