Evidence of meeting #29 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 documents.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Joint Chair  Hon. Gwen Boniface (Senator, Ontario, ISG)
Matthew Shea  Assistant Secretary to the Cabinet, Ministerial Services and Corporate Affairs, Privy Council Office
Jean-François Lymburner  Chief Executive Officer, Translation Bureau
Annie Plouffe  Acting Vice-President, Policy and Corporate Services, Translation Bureau
Claude Carignan  Senator, Quebec (Mille Isles), C
Peter Harder  Senator, Ontario, PSG
Larry W. Smith  Senator, Quebec (Saurel), CSG
David Vigneault  Director, Canadian Security Intelligence Service
Michael Duheme  Commissioner, Royal Canadian Mounted Police
Shawn Tupper  Deputy Minister, Department of Public Safety and Emergency Preparedness

8:45 p.m.

The Joint Chair Hon. Gwen Boniface

Senator Carignan, you have five minutes.

8:45 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

My question is for both ministers.

Do you have something to hide?

8:45 p.m.

Liberal

Dominic LeBlanc Liberal Beauséjour, NB

It's a pleasure to see you, Senator Carignan.

No, I have nothing to hide.

8:45 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

Why won't you give us the legal opinion, then?

8:45 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Because it's protected by—

8:45 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

No, but that's—

8:45 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

May I respond, Madam Chair?

8:45 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

No. You've repeated it eight times now.

8:45 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

That's because it's protected by solicitor-client privilege.

8:45 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

Understood.

I'm a lawyer myself.

8:45 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Yes, I remember.

8:45 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

I've studied the issue of solicitor‑client privilege rather extensively. To whom does the privilege belong? Who benefits? Cabinet benefits.

8:45 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

It benefits the client.

8:45 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

Why, then, doesn't cabinet simply relieve the minister of his privilege or duty of confidentiality, if you have nothing to hide? I think that you're heavyweights in cabinet. What's preventing you from providing the legal opinion?

You wouldn't give it to Justice Rouleau. You said that Justice Rouleau made various decisions, that he examined everything and that it's all good. However, he didn't examine the legal opinion, because you wouldn't give it to him.

Why hide it? There are two possibilities: either the legal opinion states that the measures taken were legal, or else it states that they were illegal. If it states that they were legal, what's preventing you from giving it to us?

8:50 p.m.

Liberal

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

I have a point of order, Madam Chair.

Whenever Senator Carignan bangs on the table, it hurts the interpreters' ears.

8:50 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

I apologize. I certainly don't want to hurt them.

What's the holdup? If the legal opinion says that it was legal, give it to us. We'll close the file right now and move on to something else.

8:50 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Carignan, I would expect you, as a lawyer, to appreciate that it is not the contents we're trying to protect. What is critical in protecting solicitor-client privilege is a relationship that has existed, as I mentioned, for hundreds of years between solicitors and their clients and that promotes candour and free, full and fair advice.

8:50 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

In this instance, cabinet is the client.

8:50 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

It's understanding that this privilege is sacrosanct between that professional and their client. It is important to the functioning of law—

8:50 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

You know—

8:50 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

—in this country and in the British common law.

8:50 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

Don't speak to me like that. It feels like you take me for a fool.

February 27th, 2024 / 8:50 p.m.

The Joint Chair Hon. Gwen Boniface

Senator Carignan and Minister, would you take turns, because the interpreters cannot interpret?

8:50 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

I'm just trying to finish my answer, Madam Chair.

8:50 p.m.

The Joint Chair Hon. Gwen Boniface

Please do, and then Senator Carignan can go.