Evidence of meeting #21 for Access to Information, Privacy and Ethics in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was person.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Rob Walsh  Law Clerk and Parliamentary Counsel, House of Commons

12:25 p.m.

Liberal

The Chair Liberal Paul Szabo

You had mentioned the relevance or whatever earlier.

I think you said a person could be wrongly called. Could they have that as a reason why they did not appear?

12:25 p.m.

Law Clerk and Parliamentary Counsel, House of Commons

Rob Walsh

Wrongly appeared, maybe; they came on the wrong day. I didn't mean to talk about being wrongly called. If they're called by a committee, they're called by a committee. They might show up on the wrong day and you'd get some confusion there. Perhaps I wasn't clear in what I said.

12:25 p.m.

Liberal

The Chair Liberal Paul Szabo

Okay.

The last question is this. If the committee had a request that a person appear and the minister appeared in their stead, is there any reason--I think you've already answered this--why a staffer still could not appear if the matter was administrative as opposed to policy?

12:25 p.m.

Law Clerk and Parliamentary Counsel, House of Commons

Rob Walsh

If the matter is something on which the individual has some relevant information and is outside the policies of the government, I would think the individual would be appropriate to call as a witness.

12:25 p.m.

Liberal

The Chair Liberal Paul Szabo

Civil implications--that was one other point that had come up. Madam Freeman raised it with regard to the service of summonses.

12:25 p.m.

Law Clerk and Parliamentary Counsel, House of Commons

Rob Walsh

There are civil rules in the courts of the various provinces, but this is a parliamentary matter and it will be up to the Parliament of Canada, the House of Commons in particular, to determine what shall apply.

12:25 p.m.

Liberal

The Chair Liberal Paul Szabo

Okay.

Do you have any final comments, Mr. Walsh or Mr. Tardi?

12:25 p.m.

Law Clerk and Parliamentary Counsel, House of Commons

Rob Walsh

Only that I wish to say that I've enjoyed this very much.

I wish to say to you that the issues before this committee are not ones that are answered in any determinative way by a law clerk. They are matters that are really for the members of the committee, in their political debate, and members of the House, in their political debate, to resolve between them. It's not something that can be resolved by legal answers. But the principles are there to consider.

12:25 p.m.

Liberal

The Chair Liberal Paul Szabo

Okay.

I want to thank you—

12:25 p.m.

Conservative

Greg Rickford Conservative Kenora, ON

Mr. Chair, I'm tired of your staffers over here making comments, and I need you to pay attention to that. You can look their way; it's okay. I'm tired of the smirks, the grins, and the little mouthings of comments and stuff like that.

It's happening over there, Wayne; you don't see it happening over here.

12:25 p.m.

Liberal

The Chair Liberal Paul Szabo

Okay. Order.

Mr. Walsh and Mr. Tardi, I want to thank you for this.

There is one matter for the committee. It has to do with a request that was made by Mr. Valeriote for documents. The chair is going to need some direction from the committee. We've had a problem. Some of the documents requested were received in one official language, as they are being translated. Other documents have to come either from the minister's office or from the Prime Minister's Office, and despite our attempts we've been told they have no authority to release them. We have written back and asked who has the authority to release the documents the committee requested. No response has been received after about a week.

I raise this with the committee for the next meeting to advise the chair on what action the committee may wish us to take.

Mr. Easter.

12:25 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Could he maybe provide for the committee the letters back and forth on this issue, and we can have a look at them at the next meeting? If we've asked for information, we expect it, but it would be nice for committee members to have the correspondence that the clerk may have that relates to this issue. I think it's easier for us to judge.

12:25 p.m.

Liberal

The Chair Liberal Paul Szabo

That certainly can be done. They are not in both official languages, but they can be quickly dealt with and circulated to the committee before the next meeting.

Mr. Walsh, Mr. Tardi, thank you kindly for your wise counsel. You are excused.

Colleagues—

12:30 p.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

A motion to adjourn.

12:30 p.m.

Liberal

The Chair Liberal Paul Szabo

Do you want to make a motion?

Okay. I am recognizing Mr. Poilievre.

12:30 p.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

A motion to adjourn.

12:30 p.m.

Liberal

The Chair Liberal Paul Szabo

It's moved that the committee do adjourn. That's not debatable and I have to put the question immediately.

I would ask the clerk to call the roll, please.

(Motion agreed to: yeas 9; nays 1)

We're adjourned.