Declaration of Emergency Committee on Feb. 27th, 2024

[Arif Virani, Liberal, Parkdale—High Park, ON]

The point is—

[Claude Carignan]

I've had many clients. If the client tells me—

[Arif Virani, Liberal, Parkdale—High Park, ON]

I guess I'm not able to finish, Madam Chair.

[Claude Carignan]

—that I can speak—

[The Joint Chair, Hon. Gwen Boniface]

Senator Carignan.

[Claude Carignan]

—and provide the legal opinion, then I'm relieved from solicitor-client privilege.

[Arif Virani, Liberal, Parkdale—High Park, ON]

The privilege exists to protect the relationship. That's been entrenched.

I remember fondly your frequent references to Supreme Court case law at this committee, Monsieur Carignan. The Supreme Court in case law has actually attributed this. I'm reading from a case called McClure—

[Claude Carignan]

Therefore, I can only conclude that you want to hide the legal opinion.

[Arif Virani, Liberal, Parkdale—High Park, ON]

—that this ensures “vitality on full, free and frank communication between those who need legal advice and those who are best able to provide it.”

[Larry Brock, Conservative, Brantford—Brant, ON]

I have a point of order, Madam Chair.

[Arif Virani, Liberal, Parkdale—High Park, ON]

“The resulting confidential relationship between solicitor and client is a necessary and essential condition of the effective administration of justice.” That's from the Supreme Court of Canada.

[The Joint Chair, Hon. Gwen Boniface]

Mr. Brock, go ahead on a point of order.

[Larry Brock, Conservative, Brantford—Brant, ON]

Madam Chair—

[Arif Virani, Liberal, Parkdale—High Park, ON]

Those are your words, sir.

[Larry Brock, Conservative, Brantford—Brant, ON]

—maybe it's a function of people talking over each other, but I know the interpreters are having a very difficult time translating the exchange. When they have difficulty, we lose out—

[The Joint Chair, Hon. Gwen Boniface]

I couldn't agree with you more.

[Larry Brock, Conservative, Brantford—Brant, ON]

—we being those who don't understand the French language. I would have loved to fully understand what Senator Carignan was putting to this witness, but I wasn't able to. Translation was not able to keep up.

[The Joint Chair, Hon. Gwen Boniface]

I totally agree.

May I ask all committee members and the witnesses to refrain from speaking over each other? Allow the witness to answer, and then ask the question. If you need it shortened, you can indicate that.

Senator Carignan, you have one and a half minutes left.

[Claude Carignan]

Thank you.

Consequently, I conclude that you have something to hide.

[Arif Virani, Liberal, Parkdale—High Park, ON]

I don't share that conclusion. Let's have that on the record, Madam Chair.

[Claude Carignan]

Could you explain something to me? You're saying that the use of the Emergencies Act was essential. However, following our request dated May 31, we were sent the daily reports from Ms. Jacqueline Bogden, then deputy secretary to the cabinet, Privy Council Office.

The report from February 11 at 8 a.m. states that “0 to 5 people are gathered on Parliament Hill” and that “a small number of individuals are gathered along Wellington Street and surrounding streets”.

The report from February 12 at 8 a.m. states again that “0 to 5 people are gathered on Parliament Hill” and that “a small number of individuals are gathered along Wellington Street and surrounding streets”.

The report from February 14 at 8:13 a.m. states that “there are no participants on Parliament Hill” and that “there are no participants along Wellington Street or surrounding streets”.

Are you telling me that you declared a state of emergency for that?

[Dominic LeBlanc, Liberal, Beauséjour, NB]

Madam Chair, I remember Ms. Bogden well. She was a senior public servant with the Privy Council Office. Personally, I didn't see the report or the document being quoted by my friend Senator Carignan. I took part in those meetings with cabinet and the incident response group. At the time, a number of senior public servants and law enforcement officials were describing a dynamic situation in a number of locations across the country, over which different authorities had jurisdiction. I don't know how many people were standing in front of any one hydro pole along Wellington Street at a given time.

[Claude Carignan]

Perhaps that's the problem.

[Dominic LeBlanc, Liberal, Beauséjour, NB]

However, I clearly remember the conversation about the situation across the country, and it seems to me that the government's decision was entirely appropriate.

[The Joint Chair, Hon. Gwen Boniface]

Thank you very much.

We'll move to Senator Harder.