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

4:25 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

They may not be the precise words, but were you given the impression that when you made statements that you weren't prepared to answer certain questions, the chairman would undertake to....

I appreciate that. I wasn't there. I didn't hear the conversation either, but I got the impression, from testimony that has been given, that he would protect you.

4:25 p.m.

Chief Electoral Officer, Elections Canada

4:25 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

So he didn't give any undertaking to protect you.

4:25 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

To protect me?

4:25 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

Yes.

4:25 p.m.

Chief Electoral Officer, Elections Canada

4:25 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

So he didn't agree that you would be given certain rights with respect to questions that you weren't prepared to answer.

4:25 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

I indicated to him some of my reservations. He indicated that they were acceptable. And if you look at the correspondence, which I believe has been shared with all members, that's where we agreed on the outlines for the appearance.

4:25 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

Absolutely. I understand that. I just want to be clear that he agreed that you would be able to make those statements, that you didn't feel it would be appropriate to answer those questions—or, your counsel has said, any questions.

4:25 p.m.

Chief Electoral Officer, Elections Canada

4:25 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

As well, the chairman and you picked a date as to when you'd appear—I guess July 14 and July 15. I can't remember whether it's July...there are two dates, July 15 and--

4:25 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

There were several dates discussed. He asked about my availability. I pointed out that week of July 15 was suitable.

4:25 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

So the two of you worked out a date that you could appear?

4:25 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

I think we agreed, given the schedule that was being put together for the committee, that these are dates I would be available.

4:25 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

I think my time has expired, Mr. Chairman. I'd like to be put down on the list again for more questions.

4:25 p.m.

Liberal

The Chair Liberal Paul Szabo

Sure.

Mr. Dykstra.

4:25 p.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

I'll pass. I'll let Mr. Tilson take my time. I'm giving my time to Mr. Tilson.

4:25 p.m.

Liberal

The Chair Liberal Paul Szabo

Fine.

4:25 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

That's the first area, Mr. Mayrand, and the second area I'd like to get clear in my own mind about what you meant is this. I

n your testimony on July 15, in the specific transcript, you gave five factors that were helping you make the decision you did. I'm not going to go through those. You said them, and we've talked about them. What I am interested in is that towards the end of that particular segment of your testimony, you said, and I quote you:

I still have decisions to make in relation to this file. New information has emerged that is in the public record. In due course I will need to take all the available information into consideration in making further decisions required to bring closure to this matter.

I guess you've indicated that new information is in the public record. My question is this. Does this mean you're prepared to reconsider your decision? I don't know what you mean when you make that statement. That's why I'm asking for clarification.

4:30 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

What I meant there is that at the time there was a range of decisions that could have been made. The only one I took was to refuse the reimbursement. One of the decisions that remain to be made is to require those candidates to amend their returns to reflect the proper expense.

Another decision that will have to be made in due course is to attribute those expenses. That decision has not been made. It was not made on purpose, because shortly after I made my decision known to the candidate, there was a court proceedings file. I decided it was more appropriate to wait for the outcome of those court proceedings before finalizing the decision on the matter, so we don't have to revisit a whole series of things a year and a half from now, depending on the outcome.

4:30 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

Thank you, Mr. Chairman. Those are my questions.

4:30 p.m.

Liberal

The Chair Liberal Paul Szabo

Mrs. Lavallée, you have the floor.

4:30 p.m.

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Thank you, Mr. Chair.

We have asked just about all the questions we wanted to ask the witnesses. The questions being asked again are repetitive, because they have already been answered at an earlier meeting or this morning. I would like to move on to the second part of the meeting as quickly as possible. If necessary, I will make a motion immediately.

4:30 p.m.

Liberal

The Chair Liberal Paul Szabo

Madame, I can't do that. A motion would have to be made and submitted, etc., for that. If you want to carry on, you may want to discuss it with your colleagues.

4:30 p.m.

An hon. member

I have a point of order.