Thank you, Mr. Chair, and for those wise words.
We were all elected to represent a number of residents in our ridings, all 338 of us. If we consider all the colleagues here and those not in this meeting, we have the right not to be questioning the reasons for wanting to do things other than to represent the interests of our residents, and to ask questions from all sides of the House. That's what governing is about, and that's what being a member of Parliament is about.
Before I begin, I want to highlight one thing. It's not relevant to the actual study, but I would encourage all MPs to go online to the Royal Canadian Legion and spend a few dollars to get these wonderful masks to wear in their community. They're $10 each. I ordered 10 of them, and they just arrived, literally yesterday, and I wear them with much pride. We're going to be having virtual Remembrance Day ceremonies—and I'll stop in a second and move on to the actual motion, Chair—but it's one way of showing a lot of respect for our veterans by ordering these masks, supporting our Legions, and wearing them for the next few weeks. I'm going to give some away to some residents.
Onto the motion at hand today, there was much excitement. I got to sit on the public accounts committee this morning with Mr. Green, so again, Matthew, it's nice to see you here today. You're doing a great job of representing the wonderful hard-working residents of one of the Hamilton ridings where I have many friends.
I was thinking about the motion at hand today. I looked directly not at the wording of the motion, and not the intent, but the mentioning of someone's family. We are all in politics, and we all have loved ones who support us. That's the reason we're allowed to do this wonderful job. I don't think I could be here without the support of my wife, my children, and many friends and relatives. I also don't enjoy the fact of having to drag people in, in the sense that they have nothing to do with the matter. They're not in elected office, they're not political office-holders, or anything to that extent.
When I see someone's mother or someone's brother brought into the discussion, it does concern me in many ways, because it raises a number of questions for me regarding privacy. I'm not a lawyer. If the story were that my mother—who worked her entire life, raised three boys—were in this sort of situation, I wouldn't be very happy with this motion.
I'm not going to question the intent of the motion. Mr. Barrett. You're a member of Parliament and you have your job to do. I am looking at it from my view and saying, “Bringing someone's mother in, I just don't like it.” I'm going to be frank. That's my opinion. You don't have to agree with it, and you probably won't, but personally, I really don't like it.
When I speak to my residents, I speak to the job I'm doing as an MP, first and foremost. We were elected to represent all the residents of all of our ridings, so whether they voted for us or not, whether they supported us or not, we listen to them, we answer their questions, and we help them out. That's our job. We try to make this country better than it is, and it's a pretty great place to be. We're blessed to have been born here. It's like we won the lottery.
When I see this motion, it concerns me. It concerns me not only from the point of view of privacy, but also of smearing, if I can use that word. Maybe that word is too strong for some, but it concerns me from that point of view.
When I speak to my residents and say, “What happens if I were going after your mom and your brother, as a response of the government, and they had nothing to do with the program?”, that raises a lot of questions. I've heard that feedback, and it gets to my gut. After six or seven months of COVID, I've probably eaten too many pastries, but it really gets to the point of asking, “Where are we going as a committee, but where are we going as parliamentarians?”
When I think back, in my humble view, looking at this motion and understanding where it originated from, for me COVID really hit home in the month of March. We have a lot of friends and family back in our home country. My parents...I'm a Canadian of Italian heritage. COVID hit really, really hard in certain parts of Europe. For me, COVID hit really hard around the March period because we were going to do a spring break vacation and it got cancelled. We stopped it, of course. Then our government had to respond with a number of programs. The program, which this motion doesn't even reference but wants documents pertaining to it in a round-about way, is one of those responses where we actually, as a government, asked a lot of questions. Because this has been a unique and extraordinary period of time in our country's history and in the world's history, we had to, as a government, listen, consult and respond. Some of our responses were improved after consulting and listening more. That's what a government should do. That's what people elected us to do: they elected us to respond and to listen, too.
I ask myself, as a member of this Standing Committee on Access to Information, Privacy and Ethics, or if I'm a citizen out there listening, what has the government done? It's done the Canada emergency response benefit, the Canada emergency wage subsidy, the regional relief and recovery fund and the Canada emergency business account. And I'm glad to see the unanimous support in the House for the extension of a number of programs that are helping Canadians today, as we speak, whose lives were impacted, are being impacted and continue to be impacted by COVID-19. That's a fact. We know it. We can debate this motion, whether I like it or Mr. Barrett likes it, or I don't like points of it, but right now we know Canadians at home are being impacted, and continue to be impacted by COVID-19. This motion is in response to a program that we put forth, which we then, when we looked at it, said, “No, there's a number of questions that came out from the intention of the program”, so we continued with the Canada emergency student benefit, which I believe over 703,000 students benefited from.
This motion with regard to these documents naming the individuals here concerned me. If it were my family, my brother and my mom, from a privacy point of view it would concern me. On a really straight gut point of view, I wouldn't be happy, and I'm not happy. I'm not happy that we have to sit here and debate such a motion, which, in full frankness, is for me, Chair, if I can use the term, a fishing expedition.
For me, that does not in any way assist any of those individuals in my riding and across this country from coast to coast to coast who continue to be impacted by COVID-19, and it does not deal with the issues of privacy at all. In fact, I spent some time reading the commissioners' annual report, described by the news release as, “Pandemic raises privacy concerns highlighting urgency of law reform. Public health crisis has pushed daily activities online, underscoring critical need for change”. I tie that privacy to the commissioner's annual report back into this motion, where we will dig into, potentially—and I hope not, for many reasons—people's privacy, unelected individuals' privacy. It's nothing more than what I call a fishing expedition.
When I see the response from March, and I see our government's introduction of so many programs, so many initiatives, with help, I will more than gladly admit and say that a number of opposition members have contacted me, have contacted ministers, have spoken out publicly, and said, “How do we strengthen things? How do we improve things?”
And that's what Canadians expect. They expect us to work for the betterment of themselves and their families. They expect us to work for the betterment of Canadians who have been impacted. They expect us to work together, and we've seen that at all levels of government. Here in Ontario, between the provincial government and the federal government, on a regional basis and in our cities, everybody's working together.
You know what? We have to step back and do what's in the best interest.... Yes, Mr. Barrett and other opposition members, yes, we must always hold government to account. We must always ask tough questions. That is the job of opposition members, and frankly, it's the job of any member of Parliament, but when it comes to the privacy of Canadians, when it comes to looking at a motion that speaks to someone's mother and someone's brother, there's something wrong with that. There's something that strikes me as being very.... It just doesn't sit well.
I had the pleasure of listening to Margaret Trudeau when she came to the city of Vaughan to give a speech to the Vaughan Chamber of Commerce in front of a thousand people. It was a women's event, and she spoke about mental health and her experience and life. There were a thousand people in that room glued, listening to this individual share her life experience. You could hear a pin drop in that room.
So I ask myself, for this individual, this mother, this grandmother, why are we undertaking a fishing expedition? For me, it doesn't sit well. The motion in no way sits well. I do not support the motion. I don't support the motion, not only because I'm a Liberal MP. I don't support the motion because it doesn't sit well with my values.
With regard to protecting Canadians' privacy, in 2016 there was a study done called “Protecting the Privacy of Canadians: Review of the Privacy Act”. I think this is relevant to this committee and to the motion at hand. I'll just read some of it into the record:
The Privacy Commissioner recommends creating a legal obligation for government institutions to safeguard personal information.... In his initial appearance before the Committee, Commissioner Therrien said, “In the digital world, it is infinitely easier to collect, store, analyze, and share huge amounts of personal information, making it far more challenging to safeguard all of that data and raising new risks for privacy.” Regarding the safeguarding of information, he noted that “[c]urrently, that is the subject of government policy, not legal obligations per se.”
In a brief submitted to the Committee, BC FIPA said:
We agree with the Commissioner that administrative direction from the Treasury Board Secretariat (TBS) is not sufficient, and that the Privacy Act should be brought in line with other legislation (including the BC’s FIPPA [Freedom of Information and Protection of Privacy Act] and PIPEDA) by expressly including this requirement. There should not be a lower standard of protection in the public sector than the standard the federal government has imposed on the private sector through PIPEDA.
In its brief, the Privacy and Access Law Section of the CBA also agreed with the need for including safeguards in the legislation
—and here I reiterate the word “safeguards” because we don't want fishing expeditions, and that is what so concerns me about the motion—
pointing out that while the TBS and other government institutions have created policies on safeguarding information “[t]hose efforts have been inadequate to signal to public servants and the public the serious risk of loss, theft or misuse of personal information in digital form.” The brief also noted, “A feature common to many other Canadian privacy laws, both public sector and private sector, is to require the organization to create reasonable safeguards to protect personal information including administrative, technical and physical safeguards.”
Mr. Israel of the CIPPIC and Ms. McPhail of the CCLA both endorsed the idea of creating a legal obligation to safeguard personal information. In her testimony, Ms. Austin pointed out that, “there are serious Charter issues in not safeguarding that information properly that the courts are starting to really pay attention to.”
Some witnesses discussed the need for sanctions when there are violations of the Act. Mr. Fraser said, “Many more modern privacy laws … have an offence provision that if an individual or even an institution, unlawfully and usually with knowledge, is in violation of the statute, they can be charged under that.” Mr. Gogolek of BC FIPA said, “There should be a broader scope and a broader availability of sanctions, including damages, under the Privacy Act.”
We know individuals' privacy in the modern age is of paramount concern to us.
I'm a new member of the ethics committee. I've read Mr. Barrett's motion several times, or Michael, if he likes to be referred to that way. I understand what he's asking about—I don't agree, like I said—but I am very, very respectful of someone's privacy, especially a non-political office-holder's privacy, especially during a time when the government came out with a number of programs.
We have to remember that there were no funds administered or distributed under the proposed program. Students were assisted through COVID-19 through the Canada emergency student benefit. They were assisted with an increase in the Canada summer jobs program, and I know that's something that Mr. Barrett and his party called for. We actually boosted, we listened and we consulted. That's what a government is in power to do. We didn't just say “no”, we didn't bury our heads in the sand; we listened, and that's what we continue to do.
When I was reading through this brief, I was able to glean and pick up:
One of the safeguarding measures that was suggested is to require that data be stored in Canada. This is referred to as domestic data storage or data localization. Mr. Gogolek testified, in British Columbia our public sector act has a domestic data storage requirement, something that does not exist at the federal level. Again, this requirement was recently supported by the committee reviewing our Act earlier this year, and also by the Government of British Columbia. We would commend this to you as something you may want to look at....
Other witnesses had reservations about this approach. In referring to the concerns about storing information in the United States, which has a different approach to the privacy of information, Ms. Austin said, Data localization is one response to that dynamic. I think it's an unrealistic response to think that this is a solution in the long term. Another response…is to negotiate a bilateral agreement with allies like the U.S. to say that when Canadian data is in the United States, you protect us to the same extent that you protect your own citizens.
Mr. Chair, I know I veered a little bit away from the motion. I'm going to tie it back in, because I understand the point and principle of relevance.
Mr. Fraser said that the location of data is only one of many factors to be considered. He said there needs to be “nuanced risk analysis” and referred to the TBS policy, which is, if any government department is going to make any decision about the location of data in connection with outsourcing…location is going to be a factor, but there are other things as well. Who is going to be the service provider? Who are they beholden to? What national ties do they have?
Similarly, Assistant Commissioner Oliver of the RCMP also called for a risk-based approach to safeguarding information....
That is why I believe, when I read the motion.... I think at one point, regarding who has access to the material, whether it's in camera or out of camera, we as MPs know that information in today's world is very powerful because it can be used in many different ways, and it could be torqued in many different ways and it could be leaked.
The idea, the opportunity or the chance of someone's family being impinged—if that's the correct word, and I know there are many lawyers in here who will correct me on that—scares me. I think about this motion, and it does scare me. I go back to that basic rule of life: Why are you going after someone's mum? Why are you going after someone's brother? I fundamentally disagree with that.
Is it right to ask questions of sitting office-holders, of sitting politicians or public servants? Yes, absolutely, ask as many as you want. In fact, one member of Parliament, during a committee I was able to sit on, when the power went out, assumed the title of chair when the chair was unable to log back in due to climatic effects in P.E.I. We understand that. We understand it is our job to ask tough questions, and tough questions were put to the Prime Minister and to Ms. Telford, and they were answered.
To be frank, we as MPs need to bring in policies at this time. I know that MP Green has brought forth a number of policies that he's championing. Some I agree with; some I probably don't agree with, but at least I give him full credit for doing that.
Mr. Barrett, you have your right to bring forth motions and ideas. I would love to see ideas that help us to get through COVID-19 more, that improve the situation, that get people back working faster. If they're tough questions, they're tough questions, and we have a responsibility to answer them. The ministers around the cabinet who have the privilege of being ministers of the Crown have the responsibility to answer those questions, to be frank, to be straight up, to put their cards on the table and say, this is where it is, this is what we're doing, this is how we're going to get to a better place. And I welcome those tough questions. I don't shy away from them and I wouldn't shy away from them.
One of the recommendations in this report that I was able to read on privacy and why it's so principal and central to the motion at hand, and why I so adamantly oppose the motion, is recommendation 7:
The Committee agrees with the commissioner's recommendation on creating a legal obligation for government institutions to safeguard personal information and therefore recommends: ....That the Privacy Act be amended to create an explicit requirement for institutions to safeguard personal information with appropriate physical, organizational and technological measures commensurate with the level of sensitivity of the data.
Recommendation 8, which balances it out, states:
That, the Privacy Act be amended to set out clear consequences for failing to safeguard personal information.
This part is particularly relevant to the motion before this committee, I believe. Why? It is because what we are debating here in this motion affects Canadians in a very profound manner. We are talking about a family. We are talking about a brother and mother who are non-political office-holders, who have given their time to many charities across this country to assist and to educate. Within that spirit, I have a significant issue with it. When I think about the breaches of privacy or the breaches of personal information, I think of this:
The Privacy Commissioner recommends requiring government institutions to report material privacy breaches to the OPC and, where appropriate, to notify affected individuals....
I would personally love to hear from the Privacy Commissioner on what he thinks about this motion, about what it touches and what it doesn't touch. Are my concerns real, or can they be alleviated? Are we really undertaking a fishing expedition, which I think we are, or are we not?
I do not believe, in my good heart, that I'd be supporting a motion that will not answer any more questions, or raise any questions, but basically delves into the private lives of two individuals who are not the Prime Minister of Canada and his wife. It just doesn't give me good feelings. I've been a member of Parliament for six years and I've participated in political life. My first election was in 1988 and I did not enter into this realm to vote for a motion that delves into the lives of someone's mother or brother.
I know when I speak to my residents, because I have spoken to some of them about this, they're in alignment. They're totally in alignment.
Therefore, I caution the opposition, I really do, in saying that the focus of Canadians is not this motion. The focus of Canadians is not going into the privacy of Margaret Trudeau or Alexandre. That's not their shtick, if I can use that term. I think as a committee we need to be very judicious, very diligent in our studies. We need to understand what Canadians are thinking about.
We as a committee should be very judicious in what motions we undertake to study, and which motions we don't. I look at the need for privacy protection, and I share MP Sweet's.... I know you've been a member of Parliament for many years and have done a phenomenal job representing the residents in your riding. We all want to do the same thing and we all want to reach certain levels of building that profile and that brand. I say to you, sir, and to all our committee members that we all need to look at this commissioner's annual report on privacy, and we need to think about what we do as a committee and where we spend our time.
The motion at hand does not move us forward. The motion at hand does not answer or, if I can use the term, meet head-on the issues that are impacting Canadians. The motion at hand delves into privacy, and I'm going to go back to that. I'll go back to it a thousand times in the next 24 hours if I need to. The motion at hand goes back and delves into the privacy of individuals where I fundamentally believe we have no right to go to. Again, it just strikes me as completely wrong.
You want to ask tough questions, ask the tough questions. Over the summer we had a number of sittings of the House of Commons. We had a number of sittings of the finance committee, which I was able to serve on and help out. Now here we're back in Parliament. We'll be back sitting next week. Again you'll have a number of chances to ask questions. This motion frankly is not [Inaudible—Editor]. I look at the commissioner's message from looking at the Privacy Act and the privacy of Canadians. I want to read this because it's so important to understand what we're up against in today's world...even for the fact that the committee and MP Barrett have put forward this motion to seek to look at documents that pertain to the privacy of Canadians who are non-elected office-holders, who do not benefit from a program that was introduced by the federal government. I question that.
I will read the commissioner's message for the well-being of the committee:
The need for federal privacy laws better suited to protecting Canadians in the digital age has been a common thread in our annual reports to Parliament for many years. Last year in this space, I noted how major investigations into Statistics Canada, Facebook and Equifax had all revealed serious weaknesses within the current legislation. This year, the COVID-19 pandemic makes the significant gaps in our legislative framework all the more striking.
When I read that third sentence of the commissioner's message, I think about this motion, because if it weren't for COVID-19 we would not have needed all of these programs to be put in place to keep our economy afloat, for that 20% of the economy that was shut down, to help millions of Canadians out, to attempt to put in place programs to assist not only seniors, not only disabled Canadians, but to assist students as well.
One of the avenues that we investigated as a government was to look at the WE organization and to see if we could go down that route, which we pulled back on after doing our due diligence and asking those tough questions.
We put in place the Canada emergency student benefit to help those students who were impacted, who had those summer jobs lined up that were no longer there. We know, fundamentally, that when there is a recession, for whatever cause.... And this was a shock to our economy. It wasn't a failure of the market. We needed to put in place programs, and that's where we got to this motion.
I would love to sit on a committee where we can go through all the programs we put in place and ask tough questions, because I know those programs help millions of Canadians, including thousands in my riding, whether they are businesses, students or seniors, and now, at the end of the month, disabled Canadians.
I know we worked a lot with the opposition. I know we all worked together to ensure that no one was left behind, and no is being left behind. That's why there was a unanimous vote in the House of Commons, but by golly, am I going to oppose a motion that goes after someone's mum and brother? It strikes me as wrong.
I know the folks sitting outside in the morning having coffee—socially distanced, of course, and wearing masks—in the area that I represent; I know what you are doing. You're going after someone's mum, after their brother. You're spending time doing that. We have businesses to run. We have kids to keep in school. We have personal protection, making sure that's being delivered everywhere. We have to make sure we get Canadians to get that flu shot. And you're spending time doing what?”
At my core, I don't like it. I've always represented my constituents; I'm in my sixth year now. I'm a very frank MP, as my colleagues know. I just don't like it. I don't need to be a politician to say that or a party to say that. I know this is a motion that is fundamentally wrong.
I want to read the commissioner's message into the record.
The pandemic has raised numerous issues for the protection of personal information. Around the world, there have been heated debates about contact tracing applications and their impact on privacy.
We need to look at that, tracing applications, the COVID-19 app. That's what our committee should be doing:
Many of us have been asked to submit to health monitoring measures at the airport, or before we enter workspaces, restaurants and stores.
More broadly, the pandemic has accelerated the digital revolution – bringing both benefits as well as risks for privacy.
Again, we go back to privacy, Mr. Chair. For me, that's what this motion talks about and dwells on: privacy. Are we ensuring that people's privacy is being protected? Are we delving into people's privacy that we have no right to delve into?