Evidence of meeting #49 for Access to Information, Privacy and Ethics in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was elections.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Chantal Proulx  Acting Deputy Director of Public Prosecutions, Public Prosecution Service of Canada
Don Beardall  Senior Counsel, Public Prosecution Service of Canada
Marc Mayrand  Chief Electoral Officer, Elections Canada
François Bernier  Director, Legal Services, Elections Canada

August 14th, 2008 / 11:20 a.m.

Acting Deputy Director of Public Prosecutions, Public Prosecution Service of Canada

Chantal Proulx

I'm not certain.

11:20 a.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

It was after the election?

11:20 a.m.

Acting Deputy Director of Public Prosecutions, Public Prosecution Service of Canada

Chantal Proulx

Certainly.

11:20 a.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

Yes.

I appreciate your providing the committee with information as to how the public prosecution office operates; that was very informative. But really, you can't answer any questions involving what the committee is studying, because of solicitor-client privilege.

11:20 a.m.

Acting Deputy Director of Public Prosecutions, Public Prosecution Service of Canada

Chantal Proulx

As I indicated, the solicitor-client privilege is something we are bound by. The other area of privilege, if you allow me that description, by which we are bound is to protect the integrity of any ongoing investigation. We have an ethical and moral obligation as prosecutors.

11:20 a.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

Absolutely. I understand that.

I guess I want to be clear here as to what you think about your being here today. I'm sincere when I tell you that it was informative for you to tell the members of the committee—at least it was for me, though I can't speak for other members—what the office of public prosecutions does and surrounding questions, but as far as the direct questions with respect to the motion this committee is reviewing are concerned, all of those matters are privileged. That's your position.

I'm not trying to trick you. I just want to be clear where you stand—

11:20 a.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

I understand.

11:20 a.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

—because, quite frankly, I think it's inappropriate for you to be here. I think anything you say involving these matters could prejudice any of the investigatory proceedings that are carrying on.

I'm trying to agree with you. I don't think you should be here today.

11:20 a.m.

Acting Deputy Director of Public Prosecutions, Public Prosecution Service of Canada

Chantal Proulx

We're certainly of the view that any question about any specific ongoing investigation is something we are not able to answer. That said, it's hoped that an explanation of the role we play and what we do is, in and of itself, somewhat helpful to the committee.

11:25 a.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

Mr. Chairman, I quite frankly think you should excuse these witnesses. It's all very nice to have lectures about what different offices do, and this one in particular—it's very informative—but we're here today to study the motion. I'm not going to read it; you've read it so many times that I'm getting sick of it, quite frankly. But I don't know why we're taking up the time of these valuable counsel. They have better things to do.

I'm finished with my questions. Mr. Del Mastro may have some questions.

11:25 a.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

Thank you, Mr. Tilson.

It's our feeling on this side of the table that this is an entirely illegitimate study, and that the Liberal chair has been changing the rules as he goes and has been cutting special deals with some witnesses and not others.

All of our witnesses were disallowed by the ladies and gentlemen of the jury across. They barred our national campaign director from appearing. They have worked to silence a witness here today, appearing under summons. They've been hiding documents, including the one that you said you provided for circulation. We've heard the chair contradict himself on numerous occasions, giving his Liberal colleagues preferential treatment, asking them to pass motions.

So I'm very interested in the Mayrand accommodation, a special accommodation—a side deal—that you're operating on. When were you scheduled to appear at this committee? When did you agree to appear at this committee?

11:25 a.m.

Acting Deputy Director of Public Prosecutions, Public Prosecution Service of Canada

Chantal Proulx

It was last week.

11:25 a.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

And were you given a number of dates on which you might appear, or was it specifically this date? Or were you asked when you could appear?

11:25 a.m.

Acting Deputy Director of Public Prosecutions, Public Prosecution Service of Canada

Chantal Proulx

I'd say it was a combination. We were told that the committee would be convening this week, and we offered to make ourselves available. At the end of the day, there was an agreement on this morning, and we're here.

11:25 a.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

So you got your choice of dates; that's great.

Did Mr. Szabo tell you that you had such ability to set your choice of dates, to give dates that would conform to your schedule?

11:25 a.m.

Acting Deputy Director of Public Prosecutions, Public Prosecution Service of Canada

Chantal Proulx

I didn't speak with Mr. Szabo about that.

11:25 a.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

Who did speak to Mr. Szabo about that?

11:25 a.m.

Acting Deputy Director of Public Prosecutions, Public Prosecution Service of Canada

Chantal Proulx

Mr. Saunders and Mr. Szabo had a conversation. I should add that I also spoke to Mr. Szabo, but prior to Mr. Saunders' conversation, and we didn't discuss dates.

11:25 a.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

Did Mr. Szabo indicate that you had the Mayrand accommodation--being allowed to not answer questions, to invoke privilege?

11:25 a.m.

Acting Deputy Director of Public Prosecutions, Public Prosecution Service of Canada

Chantal Proulx

I didn't speak with Mr. Szabo about that.

11:25 a.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

Did anyone in your office speak to him about it to say that you would be invoking privilege?

11:25 a.m.

Acting Deputy Director of Public Prosecutions, Public Prosecution Service of Canada

Chantal Proulx

Not to my knowledge.

11:25 a.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

Have you seen Mr. Walsh's letter?

11:25 a.m.

Acting Deputy Director of Public Prosecutions, Public Prosecution Service of Canada

11:25 a.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

But if you did see it, that might make you feel comfortable so you wouldn't exercise privilege? I don't read it with the interpretation that Mr. Szabo has indicated at all.