Evidence of meeting #18 for Declaration of Emergency in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was list.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Joint Clerk of the Committee  Ms. Josée Harrison
Kim Wilford  General Counsel, GoFundMe
Peter Harder  Senator, Ontario, PSG
Joint Chair  Hon. Gwen Boniface (Senator, Ontario, ISG)
Dennis Glen Patterson  Senator, Nunavut, CSG
Jacob Wells  Co-Founder, GiveSendGo
Angelina Mason  General Counsel and Vice-President, Canadian Bankers Association
Michael Hatch  Vice-President, Government Relations, Canadian Credit Union Association

8:15 p.m.

General Counsel and Vice-President, Canadian Bankers Association

8:15 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Hatch.

8:15 p.m.

Vice-President, Government Relations, Canadian Credit Union Association

Michael Hatch

Likewise, I was not.

8:15 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Who ultimately made the decision to freeze bank accounts?

8:15 p.m.

Vice-President, Government Relations, Canadian Credit Union Association

Michael Hatch

That's a more complicated question.

Within my opening remarks, I mentioned that one of the many difficulties we experienced in this process was that the government did grant financial institutions significant leeway and discretion in terms of which accounts to freeze. That's one side of the coin.

On the other side of the coin, of course, there was a list provided by the RCMP—

8:15 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

What was the basis for those—

8:15 p.m.

General Counsel and Vice-President, Canadian Bankers Association

Angelina Mason

I'll disagree on this point. I don't think it was leeway....

8:15 p.m.

NDP

The Joint Chair NDP Matthew Green

I'm sorry, but I'm going to pause for a second for a bit of a procedural intervention.

We're going to allow the member to direct the questions. The person who is asked the question will answer it. We'll continue on that way.

Mr. Motz, I paused the time. The floor is back to you, sir.

8:15 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Thank you, Chair. Thank you, witnesses, for your indulgence.

What was the basis for the decision your institutions made to freeze bank accounts?

Please answer quickly.

8:15 p.m.

General Counsel and Vice-President, Canadian Bankers Association

Angelina Mason

The basis of the decision was that someone was on the list as a designated person. Again, my point would be that there was no discretion there. We had a legal obligation to freeze if someone was a designated person.

8:15 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Okay.

Again, you trusted the government.

Are you aware of any financial institution questioning the RCMP's rationale for including the accounts of certain individuals on their list of those allegedly involved in the convoy?

8:15 p.m.

Vice-President, Government Relations, Canadian Credit Union Association

8:15 p.m.

General Counsel and Vice-President, Canadian Bankers Association

Angelina Mason

I am not aware.

8:15 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Did the RCMP provide any probable cause, any evidence, anything equivalent to a search warrant with respect to any alleged criminal activity by those whose accounts you were asked to freeze when the RCMP provided you those lists?

8:15 p.m.

Vice-President, Government Relations, Canadian Credit Union Association

Michael Hatch

That is a question that would be better directed to the RCMP, Mr. Chair.

8:15 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

No, through the chair, you're the financial institution. Usually when you receive a court order, there's evidence there to suggest that you have some obligation. I take it by your answer that the RCMP did not provide any evidence of any criminal wrongdoing.

8:15 p.m.

Vice-President, Government Relations, Canadian Credit Union Association

Michael Hatch

They did not, to my knowledge. They provided a list that was, it bears repeating, very targeted and short. Beyond the list, latitude was granted to financial institutions to freeze further accounts if they so chose.

8:15 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

I'm sorry, Mr. Hatch, but do financial institutions not require law enforcement to at least provide a reason when they ask that individual accounts be frozen?

8:15 p.m.

Vice-President, Government Relations, Canadian Credit Union Association

Michael Hatch

They do not, under the invocation of the emergency orders, no.

8:15 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Okay.

8:15 p.m.

General Counsel and Vice-President, Canadian Bankers Association

Angelina Mason

These were extraordinary measures.

I'm sorry.

8:15 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

You haven't got legal counsel to give—

That's according to the government.

8:15 p.m.

NDP

The Joint Chair NDP Matthew Green

We are—

8:15 p.m.

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

The reason we're here today in this committee is to determine whether the government even had met the threshold to invoke the Emergencies Act.

8:15 p.m.

NDP

The Joint Chair NDP Matthew Green

We are at the end of the intervention.

I would state—and I know that procedurally this feels a little bit clumsy, this round—that it's helpful if the members of the committee address their questions to a specific person. That way, it won't provide confusion for the witnesses.

We will now move on to a five-minute round with Mr. Naqvi.

Mr. Naqvi, you have the floor for five minutes.