Canadian Heritage Committee on March 11th, 2008

[The Chair, Conservative, Gary Schellenberger]

Mr. Scott, on a point of order, and then we're going to proceed.

[Andy Scott, Liberal, Fredericton, NB]

I don't disagree with the general comment that we're dealing with competence and qualifications, but to ask whether the witness submitted a resumé in advance of the call by the chief of staff to Peter MacKay I think speaks to why he may have got that call. Asking about his qualifications that might have prompted that call I think is a legitimate question.

[Geoff Regan, Liberal, Halifax West, NS]

Let me put it a different way, Mr. Chairman.

If you submitted your resumé, what did you feel you were qualified for at the time you did so?

[Marc Patrone]

Ahead of being contacted?

[Geoff Regan, Liberal, Halifax West, NS]

Right.

[Marc Patrone]

What would I think I'd be qualified--

[Geoff Regan, Liberal, Halifax West, NS]

No. What did you think, if you did that?

[Marc Patrone]

It's a speculative question.

[Geoff Regan, Liberal, Halifax West, NS]

I asked already if you submitted your resumé in advance of being approached about this particular position. If that's the case, the question then is what you thought you were qualified for when you submitted it. It goes directly to your qualifications and what you thought of them.

[Marc Patrone]

What I think, based on my qualifications, is that when I--

[Geoff Regan, Liberal, Halifax West, NS]

I know you're having trouble understanding this, so I'll try to be clearer. If in fact it is the case that prior to being approached about this particular appointment you had already approached, for instance, Mr. MacKay, Mr. MacDonell, or someone in the Conservative government with your resumé, or if they had approached you for a resumé, you must have had in your mind that you were qualified for some government position and an idea of what that might be.

[Marc Patrone]

Well, I didn't give my CV ahead of that.

[Geoff Regan, Liberal, Halifax West, NS]

That's what I asked.

[Marc Patrone]

I don't mind answering that question.

[Geoff Regan, Liberal, Halifax West, NS]

All I wanted was an answer.

[Marc Patrone]

As far as I can recall, over the course of years I may have applied for a position and simply forgotten about it. I mean, you can go on Workopolis and see what's out there.

[Geoff Regan, Liberal, Halifax West, NS]

I'll give my time to Mr. Bélanger.

[The Chair, Conservative, Gary Schellenberger]

Mr. Bélanger, you have two minutes left.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Chairman, I hope judgment falls under qualification, so I have a question on that.

Mr. Patrone, as commissioner, if you are confronted with a situation where you have an executive who gives a directive to the CRTC on a certain matter, and the House of Commons, through a vote by the majority of the members, expresses an opinion that is different from the directive from the executive, in your judgment which should prevail?

[Marc Patrone]

I would have to give that some thought, Mr. Chair. I would have to think about that long and hard. I know there are provisions in the act, section 15, for instance, in which the minister is entitled to seek the guidance and expertise of the CRTC on issues. I know that recently happened as far as the Canadian Television Fund is concerned.

As for that particular scenario, frankly, I don't feel comfortable answering without giving it sufficient thought.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

My second question is picking up on something you said, that Monsieur Morin represents CBC or something, and then you watered that down a bit. The question that came was whether you were representing CTV. The question has merit, because you were approached right after the CRTC announced it would hold hearings on fee for carriage. These hearings, which will be held in April, will have great ramifications for the entire industry. How does the public know, Mr. Patrone, that you don't come to those hearings with a bias in favour of the private broadcasters?

[Marc Patrone]

Mr. Chair, I just want to clarify something about what I said about Monsieur Morin. If I said he represents CBC, that was incorrect. He does not represent anybody on that commission except himself and what he brings in terms of his own experience. So I don't want that to be on the record, suggesting that he represents anybody, any more than I do.

As far as fee for carriage is concerned, I believe, through you, Mr. Chair, that there are stipulations at the CRTC in which a period of time is designated under which a person who has extensive background with one firm or another would not be involved in decision-making, specifically with respect to certain things.

Now, I'm not going to prejudge at this point what Mr. von Finckenstein will do as far as where he intends to place me is concerned, but I will inform you that this rule does exist—I've been made aware of it—and that I will trust the chairman to make the right decision in terms of when and how to use what expertise I bring to the table at the CRTC.

[The Chair, Conservative, Gary Schellenberger]

Thank you.

We'll move on now to Mr. Malo.

[Luc Malo, Bloc, Verchères—Les Patriotes, QC]

Thank you, Mr. Chairman.

This committee frequently has newly appointed chief executives and board chairs appear before it. I believe that this is the first time, however, that we have had a commissioner here to present his CV.

If colleagues around the table are wondering whether political affiliation has anything to do with why this candidate or some other candidate was selected, it might be worthwhile to invite the minister to come to the committee and explain the criteria she uses for all appointments.

Mr. Patrone's CV seems to me to indicate that he has the necessary qualifications and experience to be a member of the CRTC. The only thing that I need to do today, Mr. Chairman, is to wish him the best luck in the world, since there is a paradigm shift on the way in broadcasting and television. The world is changing, and we need well-informed people who care deeply about this industry and the regulatory regime in order to make sure that the public gets value for its money. The airways belong to the public, and you are making decisions on our behalf.

So I wish you the best of luck in carrying out your duties, Mr. Patrone.

[Marc Patrone]

I thank the member very much for his comments. He couldn't be any more correct when he talks about the public airwaves and the need to have Canadian voices on those airwaves. Thank you.