Evidence of meeting #6 for Access to Information, Privacy and Ethics in the 43rd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.

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On the agenda

MPs speaking

Also speaking

11:35 a.m.

Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

I'll just continue on that quote, to refresh the memory of my honourable colleague:

[J]ust because Del Mastro “drags his political enemies before our committee and drags their dirty laundry out,” doesn't mean the opposition should try to do the same.

“I guess my concern is that Mr. Del Mastro has turned our committee into a kangaroo court, where due process has been blown out time and time again,” Angus said.

“So even though I have real questions about Mr. Del Mastro's activities, I believe he's eligible for due process.”

When we're getting into the salacious details of different activities, I think we lose sight of the fact that, as another member said, “That knife cuts both ways. You can't have it one way when it's your turn and you can't have it another way when it's someone else's turn”. I believe that was Mr. Andrews at the time.

It's indeed the kind of thing that I do not want to see happen in this committee. This committee has a mandate that was given to it by the House.

This has certainly occurred before, and it is referred to in chapter 20 of House of Commons Procedure and Practice

It's also in our Standing Orders, and each committee has those mandates, with reason, because otherwise there would be redundancy, and I don't think we have the time and the resources, nor the desire to see that kind of redundancy between committees.

I think that's really the gist of what I wanted to say here, to remind ourselves as to what our mandate is. It is an important mandate, but we also need to respect the fact that there will be incidents that happen out there, outside this committee, that, yes, bear investigation and should be talked about, and they're publicly aired and so on, but within this committee we need to be respectful of how we speak about people and how we do that here in this committee.

I thank you, Chair, for being patient with me.

11:35 a.m.

Conservative

The Chair Conservative Rachael Thomas

We'll move down the speakers list to Mr. Angus.

11:35 a.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Thank you, Madam Chair, and I thank my honourable colleague for mentioning me.

That was a good, timely reminder of past incidents, so I will just say two things: It is definitely within the purview of our committee to investigate ethical breaches within public office holders, but to my colleague's statement, it is also a very important obligation within our committee that we handle these matters in a manner that is respectful and that is not dragging other people in. When Mr. Andrews, a former Liberal, was going after Dean Del Mastro, I thought, every single day that he was here, that we had to have a proper process, and that is very important because we are not a kangaroo court here.

On the issue of the Trudeau family being involved, we have to be careful, because Madam Sophie Grégoire Trudeau has done a lot of really very impressive things. I have no interest in bringing her in any way into this story. Margaret Trudeau has inspired many people with her incredible work as a public spokesperson. I think it is a very terrible situation that we are even having to discuss Margaret Trudeau.

Why this issue matters is that it is about WE and the relationship to the Trudeau government. I was very surprised to learn that WE began to hire members of the Trudeau family after Justin Trudeau became Prime Minister, and then we learned that other key people, for example, Jully Black, an incredible public figure, was not paid and Theo Fleury wasn't paid. It raises the question of whether or not there was an attempt to buy political influence. That, to me, is the issue before us.

If the Liberals are concerned about how we have documents on members of the Trudeau family, I share that concern. I don't know that we are here to go after Justin's brother, who is a filmmaker. If he is a spokesperson for WE and he got paid by them, he probably thought they were paying him because of his incredible skills as a filmmaker. That may be why he signed up. Our issue is whether or not there was an attempt to buy the influence of the government, because the financial interests of the Trudeau family and WE have become very convoluted and very connected. That's what we need to clarify.

We know that the Conflict of Interest Commissioner has launched this investigation because of those convoluted ties. As well as those convoluted ties, we learn more and more about Bill Morneau's ties with WE, so that is of interest. I have no interest in what Bill Morneau's children do at WE and whether they are paid or whatever. It is the issue of recusal and the issue of buying influence that are the focus we have to deal with. That is separate from the finance committee and it is separate from government operations. It is about the obligations of public office holders. It is about the obligations that we established when our committee first began to review the Conflict of Interest Act and when we are called upon to review it, and it is the same with the Lobbying Act. It is to make sure that it applies to everyone in a manner that is fair. That is the role of our committee.

When we had the first finding of guilt for the Prime Minister, we would have expected that measures would be put in place in the Prime Minister's Office to protect the Prime Minister and prevent conflict of interest from happening a second time. That didn't happen. The SNC-Lavalin case was very shocking because it cost the Prime Minister his chief of staff, Gerry Butts, and it cost the Clerk of the Privy Council, something that has never happened before. The Clerk of the Privy Council is someone we all look to as the independent, non-partisan voice of the civil service, advising the Prime Minister to make sure he follows the rules, and that didn't happen.

When we end up in a situation in the middle of a pandemic, in which $900 million is awarded to a group that has deep ties to the Trudeau family, the obvious question is why that did not raise flags in the Prime Minister's Office. Again, I will not support in any way bringing Trudeau family members before our committee, because that's not the issue, but we need to hear from Katie Telford, chief of staff, about why it is that there were no checks and balances. This is not difficult stuff to figure out about the obligation to recuse. Why did Bill Morneau not recuse himself? Not only does his family have direct financial ties; Bill Morneau has been very involved with WE as well.

Then we learned from finance—again, finance is a separate committee—that there was a proposal circulating before the Prime Minister made his announcement that set the stage for WE getting this contract, and that the proposal was within the Prime Minister's Office, apparently with PCO, and it was in the Department of Finance with Bill Morneau. Again, we go back to not just the refusal to recuse but to whether or not WE was given the inside track on a massive program that was supposed to be doled out in a pandemic to help university students. If that was the case, then that was severe interference in the workings of government. Major questions have to be asked.

We as a committee are looking at that. Our obligation as the ethics committee is to make sure we have the appropriate checks and balances, as my colleague says. Obviously, the appropriate checks and balances were not in place because this scandal should never have happened. It should never have happened in a pandemic, during extreme economic uncertainty, that a decision would be made to award money so easily to people who are so connected to the Prime Minister's family, where there were clear financial interests going back and forth.

That is an embarrassment to all of us. I think it is also an insult to the work that all of us did across party lines when we were asked at the beginning of the pandemic to reach out to every organization in our region to identify placements where we could hire young people through Canada summer jobs. So much work was done. Across party lines, we stepped up. The civil service stepped up. We identified them. In my region, we would have had hundreds of placements. We had all the medical students in northern Ontario. We were identifying placements for them. We were identifying farm organizations that wanted to hire the agriculture students coming home. We had law firms calling us because of what they were being told, with Liberal MPs saying it was going to come through Canada summer jobs. All of that got sidelined. Suddenly this proposal came through, this proposal that was announced by the Prime Minister just after WE began circulating their proposal, which was, I admit, different, but it was very similar in terms of what it was to be.

Our focus here is not what happened in terms of the other contracts. Our interest here is whether or not political influence was attempted to be bought through the hiring of people close to the Prime Minister and whether the Prime Minister's and finance minister's refusal to recuse themselves put them in a conflict of interest and put a decision at risk that has now been a huge embarrassment. I say this across party lines, that in the middle of a pandemic I've been very proud of the work we've done. I've been proud of being able to stand up for government programs that we'd worked on and helped change and improve. Whether it was small business or whether it was CERB, the emergency $2,000 a month, I could say to people in my riding that across party lines we were working together.

I cannot justify this $900-million deal that may not even be legal, paying students well below minimum wage. The more we learned about it, the more we learned that WE did not have the capacity to do it. I cannot stand idly by as a committee member when questions are being raised about the financial links with the family. If the Liberals want to put forward a motion about how we discuss this, so that we are not bringing in the Trudeau family and embarrassing them for the work they do on the sidelines....

The Prime Minister should have known that, because of those financial links, this would put him in a conflict. This is the Prime Minister's responsibility. I would like to see the Liberals say to us, “Okay, here's a deal. We will bring the Prime Minister to this committee and he will speak as to why he didn't think it was a problem that his family was being paid and that he was awarding this out.”

It's the Prime Minister's responsibility that I'm interested in. It's Bill Morneau's responsibility that I'm interested in. It's Katie Telford, as chief of staff, who should have been looking after our Prime Minister and putting some kind of big ethical mitts around him so that he didn't keep putting his finger in the conflict of interest socket. That's what I'm interested in. I'm not interested in our committee being used to go after the individual members of the Trudeau family. I agree that we can put in limits on how that's done, and we can talk about that, but I would like the Liberals to tell us that they are going to have the Prime Minister sit here and explain why he put his family in that position.

11:45 a.m.

Conservative

The Chair Conservative Rachael Thomas

Thank you, Mr. Angus.

Madame Brière.

11:45 a.m.

Liberal

Élisabeth Brière Liberal Sherbrooke, QC

Madam Chair, I would like to thank you for having me here today to discuss this important matter.

I find it surprising to see the opposition reiterating its confidence in the Ethics Commissioner, while not allowing him to complete his work or his investigation.

11:45 a.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

I just have a point of information. Can you just tell us who is next, after Madame Brière?

11:45 a.m.

Conservative

The Chair Conservative Rachael Thomas

Mr. Fergus is next.

11:45 a.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Okay. Can you put me on after Mr. Fergus?

11:45 a.m.

Conservative

The Chair Conservative Rachael Thomas

I will put you on the list.

Thank you.

11:45 a.m.

Liberal

Élisabeth Brière Liberal Sherbrooke, QC

In other words, although the members of the opposition tell us that they have confidence in us and in the commissioner, they would like to take over our roles. Would it not be more appropriate to wait for the commissioner's report before drawing overly hasty conclusions?

The commissioner has all the powers he needs to request any documents he may deem relevant and to hear all witnesses who might be able to help him reach a decision.

According to the meeting notice, we are here to decide whether we should conduct a study to examine existing measures that could prevent conflicts of interest in federal government expenditure policies.

Madam Chair, I'm sure that you would agree that while it is a laudable and even important mandate, it is very broad.

I would also like to remind my colleagues of the mandate of the Standing Committee on Access to Information, Privacy and Ethics.

Standing Order 108 in Chapter XIII of the Standing Orders of the House of Commons provides clarification on this matter. Thus Standing Order 108(3)(h) states that the mandate of the Standing Committee on Access to Information, Privacy and Ethics shall include, among other matters:

(i) the review of and report on the effectiveness, management and operation, together with the operational and expenditure plans relating to the Information Commissioner;

(ii) the review of and report on the effectiveness, management and operation, together with the operational and expenditure plans relating to the Privacy Commissioner;

(iii) the review of and report on the effectiveness, management and operation, together with the operational and expenditure plans relating to the Conflict of Interest and Ethics Commissioner;

(iv) the review of and report on the effectiveness, management and operation, together with the operational and expenditure plans relating to the Commissioner of Lobbying;

(v) the review of and report on reports of the Privacy Commissioner, the Information Commissioner, the Commissioner of Lobbying and the Conflict of Interest and Ethics Commissioner with respect to his or her responsibilities under the Parliament of Canada Act relating to public office holders and on reports tabled pursuant to the Access to Information Act and the Privacy Act, which shall be severally deemed permanently referred to the Committee immediately after they are laid upon the Table;

(vi) in cooperation with other committees, the review of and report on any federal legislation, regulation or Standing Order which impacts upon the access to information or privacy of Canadians or the ethical standards of public office holders;

(vii) the proposing, promoting, monitoring and assessing of initiatives which relate to access to information and privacy across all sectors of Canadian society and to ethical standards relating to public office holders.

If I may paraphrase, the question from—

11:50 a.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Chair, I have a point of order. I'm not sure if I have the same document as the member. Mine, right after that, says, “and any other matter which the House shall, from time to time, refer to the standing committee.” I would also like to note that in the document provided by the House, “ethical standards of public office holders” is highlighted in point (vi) above. I'm not sure if we're reading from the same document, because that last line was missed.

11:50 a.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

On a point of order, could you say that more slowly? For translation you were speaking very fast. Can you just repeat it, please?

11:50 a.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

May I, Madam Chair?

11:50 a.m.

Conservative

The Chair Conservative Rachael Thomas

Yes, Mr. Barrett.

11:50 a.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Again, I apologize. I didn't want to take up too much of Ms. Brière's time. I wanted to ensure we were reading from the same document, which is in front of me: Standing Order 108. I'm on page 125. On the point that she concluded on, it finishes in bold relating to public office holders and then says, “and any other matter which the House shall, from time to time, refer to the standing committee.” As well, in the point previous, I noted that, in point (vi), “ethical standards of public office holders” was highlighted as an item, as part of the committee's mandate.

11:50 a.m.

Conservative

The Chair Conservative Rachael Thomas

Thank you, Mr. Barrett.

Continue.

11:50 a.m.

Liberal

Élisabeth Brière Liberal Sherbrooke, QC

The question being asked by four members of this committee is as follows: what safeguards are currently in place to prevent conflicts of interest when the government commits public funds?

As I mentioned earlier, it is certainly an interesting mandate, but a very broad one. I have been wondering, given its importance, about whether the members of the three opposition parties here before us citing names and facts want us to examine the ethical guidelines established by our government and other previous governments, or rather trying to conduct a public trial against individuals. By focusing on specific events and dates, are they simply begging the question?

The opposition members seem to want to conduct an investigation. I would like to remind them, however, that the Ethics Commissioner is specifically mandated to conduct investigations. The commissioner also has the required expertise and is in a position to protect the confidentiality of information received. This committee has frequently discussed the importance of protecting the privacy of citizens. What the opposition wants to do is put the private lives of individuals on display rather than trust a parliamentary official to maintain the confidentialilty of information received.

I am sure that my colleagues around the table will understand what I mean when I say that politics is above all a family decision. I would not be sitting here today without the support of my husband and my three grown boys. I have been in politics for them and thanks to them. However, I would not want them to end up in the spotlight because of me, simply as a result of the fact that they were willing to join me in this adventure.

When I see members of the opposition targeting members of an MP's family, I have serious doubts about this kind of partisan gamesmanship, and have very little interest in it. If we begin to target those close to our adversaries, where is it going to stop? Is this really the kind of slippery slope we want to embark on?

I would like to remind my Conservative colleagues of the words spoken by one of their former leaders in the House:

“The tyranny of the opposition majority has turned its attention to the men and women who make up our political staff,” said Hill.

“Men and women who did not sign up to be tried by a committee—to be humiliated and intimidated by members of Parliament.”

I would accordingly like to ask the following question: do they believe that our sisters, our mothers, our children, our cousins and our brothers-in-law signed on to appear before these parliamentary committees?

I would like to reassure them by pointing out that, unlike their former colleague, I do not believe members of the opposition are tyrannical. I would nevertheless remind them that at one point, they wanted to prevent political staff from appearing, and yet are now demanding that our families be tried by a committee.

11:55 a.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

That's not true.

11:55 a.m.

Liberal

Élisabeth Brière Liberal Sherbrooke, QC

In a previous life not so long ago, I worked as a family mediation notary. I worked with several parties to reach a compromise. I am prepared to do this again and to work with several parties, even though I am now talking about political parties, to find a motion we can work with.

But if the opposition parties are trying to score political points by focusing on a single event, for which thePrime Minister has apologized, and are attempting to involve the family of an elected member, then I can tell you right now, Madam Chair, that I will oppose it.

Are we blameless? Of course not. That is why the Prime Minister apologized sincerely. And yet, the opposition parties have also made mistakes in the past. If the opposition parties want to play that game, of looking at government expenditures, we could also examine the guidelines established by the government to prevent a party from paying partisan offices out of House of Commons funds, or from taking advantage of the fact that the opposition would like to call upon Mr. Ian Schubert to ask why he had reservations about Mr. Bruce Carson when he was working for the Conservatives, not to mention the ties between then Prime Minister Harper's cabinet and the Senate expenses scandal.

Yes, we could start pointing at our adversaries, but I sincerely believe that this is not the best way to structure the committee's work. We can try to raise awareness among Canadians rather than create a political spectacle. People often say that politicians are crooked or thieves. If we take advantage of every trifling opportunity to generate a political extravaganza, we are confirming that they are right. What we have here is an excellent chance to demonstrate to Canadians that there are guidelines in place and that we can always do better.

You may not be aware of this, Madam Chair, because we are still just getting to know one another, but I also taught at the University of Sherbrooke, the best university in the world in Canada's most beautiful city.

I taught at the Université du troisième âge in a program for people aged 50 and over who wanted to continue their education with a view to lifelong learning. The program's goals are to facilitate the acquisition of knowledge, combat isolation among seniors, promote the integration of seniors into cultural and social settings, encourage exchanges, support seniors in their desire for personal growth and provide society with a new wave of dynamic and responsible citizens.I also gave professional training to share my passion for the work of notaries and to train the next generation. All this is indicative of my strong belief in education, in the transmission of knowledge and in the acquisition of best practices. What we have here is an opportunity to do precisely that.

I just mentioned that before I joined you all here, I was a notary and still am. I love this profession. It is based essentially on ethics and probity. Whenever I affixed my seal, it meant a credential that could be trusted. As a notary, my role was not to represent one or other of the parties, but rather both. I know that elected members from other provinces may be bemused by my profession because our legal systems are different. However, in Quebec, notaries are recognized as public officials precisely because of their probity and ethics.

To provide a context for my comments today, and to help members of the committee better understand my line of argument, it is important to briefly explain the underpinnings of my moral code and professional ethics. As I have already mentioned, before being elected in the beautiful riding of Sherbrooke, I worked as a notary who specialized in human rights and mediation. This work required rigour and integrity. There is no bias; we are there for everyone, for all parties, to ensure that everyone gets a hearing, and that each party can express their point of view with the end result an agreement that is satisfactory to everyone. As you can see, questions of ethics have always been at the core of my professional work.

To further stress how hese ethical questions ought to be expressed, I am going to speak to you about my second professional challenge. I was fortunate to have been a lecturer at the University of Sherbrooke for almost 25 years. I would like to mention in passing that I want to congratulate the university for having received the international STARS certification at the platinum level. The university is now one of the 10-best teaching institutions in the world in the field of sustainable development.

When I was a lecturer, I could make effective use of concrete examples from my professional work in my teaching. In the examples I used, and in the questions asked by students, ethical issues came up frequently. As you might expect, notaries must ensure that clients have no power over them and that there are no ethical conflicts in managing clients who have competing interests. As for the common good, another concrete example is the importance of ethical and moral issues when dealing with a tutorship, a curatorship or a power of attorney

So that this illustration can provide a better context for the ethical issues we have to deal with today, I would like to discuss them with you. When a tutor or curator is appointed, it is important to ensure that the appointee is completely independent and will always make decisions that are in the best interests of the person being represented, without ever placing themselves in a conflict of interest or a perceived conflict of interest situation.

To any members of the opposition who would want to depict us—and especially me—as wanting to prevent an investigation into an ethical pseudo-scandal, I offer as a pledge of my probity my 28 years as a notary and a teacher of the profession. Not once since I was elected have I ever failed in my rectitude and I continue to strive to ensure that the government spends public funds effectively.

As Montesquieu famously said: "Power should be a check to power". The checks and balances mechanism requires that we, who exercise legislative power, can control the action of executive power.

I am therefore here in my capacity as someone who can control government action, a role that I have admitedly exercised to a lesser degree because of the pandemic, during which the government, through our amazing public service, has demonstrated that it is capable of rapidly and effectively coming up with funds to help Canadian families. It succeeded in doing so, and I believe this will help us get through the crisis better. We have supported our fellow citizens when others among us demanded we abandon them.

The independent officers of Parliament play an essential role in ensuring federal transparency and accountability and in effectively running the institutions upon which Canadians depend. That is why, in the previous term of office, we strengthened the Access to Information Act, precisely because we believe in open and transparent government.

I would like to remind the committee that in 2015 we published the document entitled "Open and Accountable Government", which sets out:

core principles regarding the roles and responsibilities of Ministers in Canada’s system of responsible parliamentary government. This includes the central tenet of ministerial responsibility, both individual and collective, as well as Ministers’ relations with the Prime Minister and Cabinet, their portfolios and Parliament. It outlines standards of conduct expected of Ministers as well as addressing a range of administrative, procedural and institutional matters. It also provides guidance to ministerial exempt staff and useful information for public servants and Canadians on Canada’s system of government. Finally, on the critical issue of ethical conduct, Ministers are expected to be thoroughly familiar with the Conflict of Interest Act.

A passage from the foreword is also very edifying. I would like to quote it, Madam Chair.

To be worthy of Canadians’ trust, we must always act with integrity. This is not merely a matter of adopting the right rules, or of ensuring technical compliance with those rules. As Ministers, you and your staff must uphold the highest standards of honesty and impartiality, and both the performance of your official duties and the arrangement of your private affairs should bear the closest public scrutiny. This is an obligation that is not fully discharged by simply acting within the law.

I may be here before you as the MP for Sherbrooke, but I have also had the opportunity to serve Canadians as the parliamentary secretary to the Hon. Mélanie Joly, the Minister of Economic Development and Official Languages. That being the case, I am well aware that ministers and parliamentary secretaries must act honestly and comply with the highest ethical standards if they are to maintain and enhance public trust in the integrity and impartiality of the government.

As public office holders, ministers and parliamentary secretaries are subject to the requirements of part one of "Annex A Ethical and Political Activity Guidelines for Public Office Holders", and to using best practices for ministers and parliamentary secretaries in fundraising and dealing with the lobbyists described in Annex B.They are also required to discharge their official duties and conduct their personal affairs in a manner that will stand up to the most rigourous public scrutiny. This too is an obligation that is not fully discharged by simply acting within the law.

I fully comply with these standards established by our government, and I am sure that this is also the case for all MPs on our side of the house. Once again, I would like to draw attention to an important fact. I am prepared to undergo a rigourous public examination, but I do not believe that our families ought to be subjected to such rigourous public scrutiny.

I would also like to comment on requests for interventions by political staff and public servants. I would like to do so by paraphrasing some principles from works by Dr. Kenneth Kernaghan.

Politics and policy are distinct from administration; thus politicians make strategic decisions and public officials carry them out.

These officials do not publicly state their personal opinions about government policies or administration.

Public officials give frank and objective advice to their political masters privately and confidentially; in return, the executive branch protects the anonymity of these officials by publicly shouldering accountability for ministerial decisions.

Once again, it is up to the ministers to account to Parliament for their actions, as my colleague minister Chagger did yesterday.

I acknowledge that it may be helpful for officials to assist ministers in the more technical aspects of responses. However, they ought not to be subjected—and their families even less so—to a public Inquisition, as the opposition parties would like.

As I mentioned earlier, rather than use this committee as a court of inquisition, we should be using it as an educational platform.

I would like, Madam Chair, to explain what I believe our committee should be taking into consideration.

Ethical issues should indeed remain central to the concerns of parliamentarians. The bond of trust between the population and its elected representatives is vital. It is thanks to institutions like the Office of the Conflict of Interest and Ethics Commissioner, the Office of the Commissioner of Lobbying, and this committee, in addition to the rigourous work carried out by the various political parties and this government, that this bond of trust will be not only maintained, but renewed.

The 21st century has presented us with an unprecedented wave of cynicism, which has no doubt opened the door to all kinds of extremist policies, propaganda, and populism, all of which have a lasting impact on the political landscape, and they are all policies that for the most part—and this is truly unfortunate—appeal to the emotional and even impulsive side of voters' psyches. Needless to say, urgent action is needed when, in a democracy that prides itself as being healthy, dynamic, open, inclusive and sustainable, part of the population can be swayed by fear-inducing messages and political negativity.

If Plato has taught us anything, it is that searching for truth must be central in our decision-making and that rational thinking needs to be exercised in good faith, pragmatically and, especially, in accordance with a reality-based dialectic. It is therefore essential for Canadian political parties to avoid sinking into dogmatism or the rhetoric of fear.

We need to give Canadians credit for their intelligence and to ensure that we address public policy issues rationally. Doing so would strengthen ethics in the political collective action of this chamber, and make it more enduring and more universal.

We also need to give consideration to Canada's specific characteristics. We have always been able to protect Canadians from the political extremism found in other countries by giving politicians of various political stripes a way to offer Canada balanced options that avoid diverting legislative and parliamentary instruments for strictly partisan purposes.

Madam Chair, I hope that this balance, in which Canada takes so much pride, can be preserved, and that the various members of this committee will remember their role as parliamentarians. A descent into petty partisanship would be a disservice not only to this Parliament, but also, more broadly, to the political class and Canadians.

When questions of ethics are raised, it is essential to refocus on the main concept that binds us together, which is a democracy. The word "democracy", which is derived from the Greek words "demos", which means "people", and "cratos", which means "people", has undergone many changes in definition throughout history. The Greeks saw democracy as an equal opportunity to obtain a government position through a lottery. Today, it is generally agreed that democracy means a multitude of freedoms in addition to free, equitable and frequent elections, as explained by Robert Dahl. Added to these two visions of democracy are the ideas propounded by many thinkers, which make important contributions to democratic theory.

Alexis de Tocqueville was one such thinker. In 1831, he decided to study American democracy in order to document it and highlight its leanings. This leads to the next question, which is about Alexis de Tocqueville's definition of democracy and the sociological and political consequences of thereof? For Alexis de Tocqueville, several factors come into play in any definition of democracy.

One concept that is central and essential to the idea of democracy is the rule of law. The rule of law is a concept which ensures that citizens with executive power cannot place themselves above the law. Generally speaking, the rule of law describes a nation in which no one is above the law. According to Alexis de Tocqueville, this form of equality among citizens with respect to government action and the application of law means much more than mere equality before the courts. It leads to a change in the mindset of citizens, with members of society believing and feeling that they are all equal. Even though inequalities unfortunately continue to exist, the population retains this feeling of equality.

According to Alexis de Tocqueville several other characteristics define democracy. He begins by pointing out that the process leading to democracy is ineluctable because it is natural among humans to want uniform living conditions and equal rights for everyone. This can only lead to democracy and the rule of law. Equal rights, on the other hand, means that everyone can improve their conditions. Everyone can thus aspire to social mobility. He argues that this process is unavoidable. Because this theory of democracy and equality leads to social climbing, material property lies at the core of the democratic vision. Personal comfort and the desire for personal enrichment lead to an individualism that may cause citizens to leave the public sphere for a more private sphere. This isolation is a threat to democracy, which can only exist if the population participates in politics and in public political life.

To prevent this isolation, Alexis de Tocqueville requires the establishment of many civil associations that allow citizens to become involved, put pressure on the government, and assemble to discuss ideas and issues. For these associations—and, ultimately, our democracy—to subsist, it is nevertheless important to retain people's trust in their institutions. The work of this committee is therefore crucial. I am pleased to be part of a government that ensures the preservation of individual freedoms so that they can become vehicles for democratization.

I would like to conclude with a few words about the substance of the accusation. It is important to recall that, contrary to what members of the opposition are claiming, no contract was awarded to the WE organization; it was rather a contribution agreement.

This distinction may appear to be a matter of semantics, but the administrative distinction is extremely important, as are the underlying implications.

It should also not be forgotten that, contrary to what some members of the opposition are saying, the WE organization was not chosen by the Prime Minister, but rather recommended by the public service, more specifically by Ms. Rachel Wernick, Senior Assistant Deputy Minister in the Skills and Employment Branch.The department and Ms. Wernick decided that only the WE organization could provide the student grant services within the assigned deadlines and that it would have been impossible to do so internally within this timeline.

Our government has the utmost confidence in our public service. We are pleased to be able to say that the Canadian public service is the best in the world. As a former lecturer at the University of Sherbrooke, I am disappointed to see that the student grant program is running behind schedule. Many citizens in my riding are students who have serious financial needs. These needs are exacerbated by the current crisis and I am disappointed to see that this money will not make its way into the hands of the students as quickly as anticipated.

I would ask all members of this committee to shift their focus and remember why this measure was implemented and what our priority should be to help Canadians and the most vulnerable among us get through the crisis.

I would therefore ask that all members of the committee remain within the terms of our mandate.The Standing Committee on Access to Information, Privacy and Ethics must continue to fulfil its mandate and remain an institution in which partisanship does not become more important than the issues being dealt with.

Some pressure groups accuse politicians of putting on a show in committee, and of behaving as if they were in a recording studio, where you can record your opinion into the minutes without really debating anything or making any progress. Let's show the people who have this very cynical vision of our work that, on the contrary, we always work on behalf of the public, and that in spite of our partisan divisions, we can act as parliamentarians to ensure that our work always strives for the common good.

Thank you, Madam Chair.

12:20 p.m.

Conservative

The Chair Conservative Rachael Thomas

Thank you very much.

Moving down my speakers list, I have Mr. Fergus next.

12:20 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Thank you very much, Madam Chair.

I would like to begin by thanking my colleague from the Sherbrooke riding for her presentation to the committee. I found her comments relevant and accurate, with perhaps one exception.While it is true that the University of Sherbrooke is certainly among the best in Canada, I believe that the University of Quebec in Outaouais is at the top of the list. I take pride in being the MP to represent this university in the House of Commons.

Ms. BrièreRaised some very important points. She reminded us of the importance of our work here, and the responsibilities of this committee. It is up to each and every one of us to ensure that we have a sound and lasting system that can review ethics-related issues and function not only during this Parliament, but future parliaments too.

Madam Chair, I have only been sitting on this committee since the beginning of this Parliament, but would like to congratulate you on the manner in which you have been chairing this committee in such a balanced and sensible manner. You have demonstrated a great deal of flexibility by allowing people to express their points of view, but also made sure that we do not descend into partisanship. This is particularly important when dealing with ethical questions. I applaud your efforts.

I recall that from the very outset we discussed the rules that we would be following around this table. One of our earliest meetings was held on February 19, 2020. The pandemic had not yet been officially declared and we were able to meet in committee more closely with the participation of a much larger number of assistants and in the presence of members of the general public who were interested in attending our public meetings.I found that once we had developed the committee procedures, we made good decisions. One such decision had to do with how we would treat the private information of individuals when dealing with matters of ethics. There was a constructive discussion between members of the opposition and the government. Indeed, I should not be making this distinction because in my view, you have always tried to encourage people to act as MPs, as parliamentarians, rather than people who represent the narrow interests of their particular political party.

These discussions included one between Mr. Angus and myself about how to treat the private information of individuals. I would like to quote this discussion in the language of Shakespeare, because the documents I have here are in that language.

We were having a debate, Madam Chair, about how we deal with material and witness selection for individuals.

I guess we should start with what Mr. Angus said, after you gave him the floor. We were talking about what to do when the committee...and I'll quote. You said:

Any time the committee puts a motion in place—any motion—the committee does have the ability to overrule that motion with unanimous consent. This would be the standing motion for most cases, but should there be a case where we feel that there's an exception or the committee feels that there's an exception then, through unanimous consent, that could be overruled.

Then you turned the microphone to Mr. Angus, who said he was “very supportive” of this; however...and I will quote:

...I think we need to be specific. I'm trying to think of the language, because anything that happens in this committee could embarrass someone because we deal with ethics and breaches, etc. If we have to have discussions that affect the private information of individuals in extraordinary circumstances or that are not germane to our study.... Sometimes we will get information on a person and will want to talk about whether or not a witness is appropriate, and we have to talk about that amongst ourselves. However, we can't use in camera to avoid discussing certain people who may have to come. I just want to get clearer language on how that would be used so that we're very clear on it.

I just wanted to make sure I quoted that correctly. That's an excellent point, and I think it's particularly relevant to what we're doing here today in terms of what we're trying to get at here.

My colleague Ms. Shanahan had talked about a number of ways we want to get that. How do we discuss? We shouldn't discuss people in public, and she expressed that this wouldn't be on for her.

Mr. Angus said:

Certainly when we discuss witnesses, we do that in camera because we have to set priorities and we don't want that information to be misused or misinterpreted, but we do discuss people here. That's part of what we do with ethics. Issues are brought forward. We name people we think should be brought. That's sometimes done in public.

Then he said:

I think the issue is being able to say, “I think we should go in camera” if we're going to discuss something of a personal nature that should not be germane to the committee. How can we just define that a little more clearly so that we're not abusing that, but we're saying that if we're going to go in camera on something it's because there is specific personal information that should be brought to committee but should not be in the realm of the public?

Then, Mr. Angus, if you remember correctly, we had a great little back and forth on this issue.

12:30 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

On a point of order, since I continue to be the subject of this discussion, do I get to at least respond when I'm being asked things in particular? I think it's a good discussion, so I would like to carry on.

12:30 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

I would like to just set the context.

12:30 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

If he wants to go back and forth, because I think it's a great discussion, I would love to carry on with him.

12:30 p.m.

Conservative

The Chair Conservative Rachael Thomas

Thank you, Mr. Angus.

Mr. Fergus.