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

8:50 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

The point is—

8:50 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

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

8:50 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

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

8:50 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

—that I can speak—

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

The Joint Chair Hon. Gwen Boniface

Senator Carignan.

8:50 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

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

8:50 p.m.

Liberal

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—

8:50 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

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

8:50 p.m.

Liberal

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.”

8:50 p.m.

Conservative

Larry Brock Conservative Brantford—Brant, ON

I have a point of order, Madam Chair.

8:50 p.m.

Liberal

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.

8:50 p.m.

The Joint Chair Hon. Gwen Boniface

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

8:50 p.m.

Conservative

Larry Brock Conservative Brantford—Brant, ON

Madam Chair—

8:50 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

Those are your words, sir.

8:50 p.m.

Conservative

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—

8:50 p.m.

The Joint Chair Hon. Gwen Boniface

I couldn't agree with you more.

8:50 p.m.

Conservative

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.

8:50 p.m.

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.

8:50 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

Thank you.

Consequently, I conclude that you have something to hide.

8:50 p.m.

Liberal

Arif Virani Liberal Parkdale—High Park, ON

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

8:50 p.m.

Senator, Quebec (Mille Isles), C

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?

8:50 p.m.

Liberal

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.

8:50 p.m.

Senator, Quebec (Mille Isles), C

Claude Carignan

Perhaps that's the problem.

8:50 p.m.

Liberal

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.

8:50 p.m.

The Joint Chair Hon. Gwen Boniface

Thank you very much.

We'll move to Senator Harder.