Evidence of meeting #9 for Access to Information, Privacy and Ethics in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Clerk of the Committee  Ms. Miriam Burke

2:40 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Thank you, Mr. Chair.

I think this amendment is completely unnecessary. We have put in place very strong protections around the documents that we would receive. We've been very careful about this, and we have done this because the Liberals said again and again and again that they didn't trust the committee. They wanted all manner of protections, so the protections are there. We don't have to say in a motion that we are needing to respect the privacy laws of the nation. As the privacy and ethics committee, we respect the laws of the nation. That's understood.

I am not sure what the Liberals are trying to limit, what Speakers' Spotlight obligation on what documents they have to turn over. Speakers' Spotlight has documents or they don't have documents. For us to presuppose where those documents are, who holds them, I think is troubling. It's troubling in the sense that perhaps the Liberals are doing some research on their own and feel that there may be troubling documents that they don't want us to be able to access. I think fundamentally my concern is—given the bad faith I've seen for the last 34 hours—that this becomes another subamendment to be argued about ad nauseam, and it keeps us from getting to the main motion.

We saw earlier today the Liberals' attempt at a motion that was ruled out of order. At the last meeting, Mr. Dong came forward with a really strange motion to try to shut down our work altogether with another motion. I think this amendment is just part of a series of tactics—delaying tactics, stalling tactics—trying to get us off the topic at hand, which is that we have a motion before us. We have tried to get this motion voted on multiple times.

Let's just vote on this amendment of the Liberals and then get back to the business at hand, but I think we're wasting our time, and they are wasting our time with this. This is completely unnecessary. This is simply another game that they're playing, another stalling tactic, and it actually I think undermines the credibility of our committee, because our committee fully respects the privacy laws of this nation, and we don't need to be told by the Liberals how to do that.

I'm ready to vote on their motion and get back to work.

2:40 p.m.

Conservative

The Chair Conservative David Sweet

Is there consensus, colleagues, to vote on the amendment? No.

2:40 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Aha—you see?

2:40 p.m.

Conservative

The Chair Conservative David Sweet

Yes, Mr. Sorbara.

2:40 p.m.

Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

On a point of order, Chair, the only reason I’m not providing unanimous consent is that I do wish to speak on my rationale for this amendment to the motion.

To Mr. Angus, I do not want to speak for hours and hours on this amendment to the motion. I don’t think that’s the intent, and when you hear my words, you’ll understand why. Thank you.

2:40 p.m.

Conservative

The Chair Conservative David Sweet

Mr. Angus, have you concluded your remarks?

2:40 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Yes.

2:40 p.m.

Conservative

The Chair Conservative David Sweet

Thank you, Mr. Angus.

Now we will go on to Mr. Sorbara, and I’ll just review the list again. It's Mr. Sorbara, Mr. Warkentin, Mr. Dong and Madame Gaudreau.

Mr. Sorbara.

2:40 p.m.

Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Thank you, Mr. Chair and thanks to the committee for taking time to consider the amendment that I put forward.

Really, I want to make this terse or short. I'm not going to use the word “brief”, but I'm going to make this short.

In Madame Gaudreau's amendment that was adopted by the committee, which was the second amendment on Mr. Angus's motion, if I'm not mistaken there was a section pertaining to Speakers' Spotlight and to having a copy of the records and related speeches going back to, I believe, October 14, 2008. If I'm not understanding that correctly or if I have misunderstood the amendment, please correct me if I'm wrong.

What this would allow us to do, very simply, is to ensure that this request for this set of documents in (a) would comply with Canadian and provincial privacy laws. Speakers' Spotlight have handled their documents in compliance with—and I'm assuming they're going to be in compliance with—all of the regulatory requirements. We understand that they are required to hold documents for a period of, I believe, seven years. It is within their right to do so, and within the Privacy Act.

So, respecting the view of Speakers' Spotlight and their view of the production motion, we don't want to put forward an amended motion that would then make Speakers' Spotlight in contempt of Parliament. The documents they had are no longer there because they were allowed to legally, within their purview and within the existing laws, not have to hold them any further. Much as is, I believe, the case with tax records and personal records, I think you have to maintain your documents for seven years. Having worked in the accounting world for a number of years, I think it's very similar. This would be the same sort of precedent.

We would not want to put any organization in contempt of Parliament for doing something that was legally within its right, and we as a committee have stated such. They have done something that was legally correct, which they could do, and we have put them in a situation in which they cannot bring forth documents that they no longer have because it was within their right to no longer have them.

That's why I brought forward this amendment and that's what it refers to.

I hope I've been clear on that.

Thank you.

2:45 p.m.

Conservative

The Chair Conservative David Sweet

Thank you very much, Mr. Sorbara.

We'll will now go on to Mr. Warkentin.

2:45 p.m.

Conservative

Chris Warkentin Conservative Grande Prairie—Mackenzie, AB

Thank you, Chair.

This is just another delaying tactic by the Liberals. Obviously, they don't want these documents to ever come forward. The Liberals have now come up with an amendment that really doesn't do anything other than reiterate facts that are already existing, the fact that we're in compliance with the law. Let's move on. We know that the Liberals will continue to bring forward amendments, because they're being instructed to continue to frustrate and delay the work of this committee. We've never heard at this committee from any Liberal member who has said, “If you give us this, we will then allow this to go to a vote.” They've never negotiated in good faith. They've always just said to give them this and give them that. Then they have a new problem once there's been give by this committee. Every single opposition member of this committee has given up something to get to where we are today. The Liberals, however, have given up nothing.

As a matter of fact, the Liberals, not only on this committee but generally, have gone to extraordinary measures to ensure that these documents never see the light of day. Before we prorogued, these documents were just hours away from the committee receiving them. When the Prime Minister prorogued Parliament, he did so at a time when he would ensure that these documents never reached committee. The investigation stopped. Of course, at that point there were assurances by the Liberals that we would move back to this once Parliament resumed. When Parliament resumed and the House was prepared to call for these documents by an order in the House, the Prime Minister threatened a surprise election if in fact these documents would ever see the light of day.

The Liberals will stop at nothing. We've seen it at this committee. We're now into 30-some hours of debate as to whether or not these documents should be released. The Liberals continue to negotiate in bad faith. This amendment is just another example of them trying to negotiate in bad faith but also trying to water down the ability of this committee to get the documents that are necessary. I do believe we need to move on. We need to continue to demonstrate that these Liberals will stop at nothing to ensure that these documents never see the light of day. I'm going to continue to do what I need to do and what Canadians expect us to do as a committee, which is to provide transparency and ensure that what is hidden is released.

It's interesting; the Liberals continue to say that we don't need these documents because we've already heard what the facts are. Well, if these documents simply corroborated the testimony of the Prime Minister and others that the Liberals brought forward, then the Liberals should just let these documents be released. Their extreme and extraordinary actions up until this point, including embarrassing themselves as members of this committee by talking about all kinds of nonsense simply to try to delay this from ever coming to a vote, demonstrate that there is something included in these documents that will be a bombshell that will negatively impact possibly the Prime Minister and certainly the Liberal Party of Canada.

I believe it's time to move to a vote on this amendment. Let's allow it to fail and then let's go on to a vote on the main motion.

2:50 p.m.

Conservative

The Chair Conservative David Sweet

Is there any desire to go ahead and vote on this amendment, colleagues? I don't see any dissent.

Madam Clerk, go ahead and do a recorded vote on the amendment that's on the floor right now from Mr. Sorbara.

November 13th, 2020 / 2:50 p.m.

The Clerk of the Committee Ms. Miriam Burke

Thank you, Mr. Chair.

Mr. Chair, the vote is five for, five against.

2:50 p.m.

Conservative

The Chair Conservative David Sweet

I'm sorry about, Clerk. Could you repeat that, please?

2:50 p.m.

The Clerk

The vote is five for, and five against.

2:50 p.m.

Conservative

The Chair Conservative David Sweet

Okay. Thank you. I asked because when you said “five for”, it sounded like “five, four...”. Okay, yes. You can log my vote as a negative vote.

(Amendment negatived: nays 6; yeas 5 [See Minutes of Proceedings])

We'll continue debate on the main motion.

We go to the next person on the list, Mr. Dong.

2:50 p.m.

Liberal

Han Dong Liberal Don Valley North, ON

Thank you, Chair. I just want to take a moment to thank you for your leadership on this committee. As we can see, it's pretty obvious that it's not an easy job. On this side, we certainly appreciate the leadership and stewardship you've demonstrated as a very able parliamentarian. I respect that. I believe that if you canvas the membership, you will find that at least we can all agree on this, which is something that I hope we can model this after.

I was going to ask for the rationale of the amendment we just voted on, but Mr. Sorbara addressed that. I actually saw the relevance and also the rationale of the amendment. I was hoping that opposition members would see that as well. I found that Mr. Warkentin's comment was contradictory. On the one hand, he said that the amendment is totally unnecessary, that these are obvious and we wouldn't ask anyone to do anything illegal. On the other hand, towards the end of his remarks, he said that this was another attempt by the Liberals to water down the original motion. I find that very contradictory. If it's a given and not necessary, meaning that it doesn't do anything to the motion, how can it be used to water down the main motion?

I don't want to go back and forth on these nitty-gritties. I think we still have the motion in front of us. We obviously have different views of the motion and of what has happened to the motion since it was first introduced. We have a different view of that, and that's why we are debating this.

It's a fact that it's the same motion that has been before us for several days now, and I know the members are eager to get to vote on it. However, I think all my opposition colleagues would agree that through thoughtful debate—and they probably would agree that debate is essential in our parliamentary system—we do what it takes to make sure we get the motion right to the best of our ability. I think all members can agree, Chair, that getting it right is essential.

We have already seen the adverse effect of committee studies going too far. Just look at WE Charity, for example. They have had to shutter their operations in Canada. We can agree to disagree about the merits of the WE Charity being selected to oversee the Canada student services grant. However, prior to the CSSG matter, WE Charity was a well-respected charity. Tens of thousands of Canadian students worked with them. I've heard that in the past my colleague's daughter, Mr. Angus's daughter, participated as well, and some of the biggest names in philanthropy supported them. Now they're no longer functioning in Canada. That's a fact.

I can only think of who is suffering and that is the tens of thousands of young people who otherwise would have had a chance to advance their leadership and their work network and to do something that they're really inspired to do. I'm not taking a position on the WE Charity one way or the other. I'm just stating the facts. As committee members, we have to remember that these are all real, tangible outcomes of our actions on this committee.

For every action we take here there is often an equal reaction, so as we look to undertake the study being recommended by Mr. Angus, I believe it is incumbent on us to pause and ensure that the work we are going to embark on will have no adverse effects.

I believe first and foremost, Chair, that if we're going to be studying matters that relate to specific Canadians' business, we need to ensure that we have the necessary evidence to back up such a study.

We are all keenly aware of the effects that COVID-19 has had on businesses in our ridings. I speak with residents and businesses in Don Valley North almost every day, Chair, and what I can tell you for certain is that their focus is not on some study at the ethics committee. I have actually brought this up to my constituents, and Their focus is on the pandemic and its effect on their families and businesses. These constituents tell me repeatedly that they are expecting this government—as a matter of fact, all governments—to focus on combatting the pandemic and on planning remedies to assist with the economic recovery to follow.

We have to be very careful to focus our work very precisely in a way that does not have an adverse effects on Canadian businesses and Canadian industries. I have heard that the outcome of the WE Charity put a chill on the industry, but having said that, at the same time we can achieve some of the stated goals Mr. Angus has put forward.

On balance, the review of the pandemic spending and the decisions around how these funds were spent is a good use of our time. When we, as the House of Commons, adjourned on March 13 we did not take these decisions lightly. We recognized that, as a country, we were embarking on a national battle the likes of which we have not experienced since the Second World War. In terms of death and destruction, there is no comparison. However, the overwhelming national response required from the people of Canada during this pandemic has to be similar.

Now before Mr. Angus attacks me on relevance—and I've been interrupted quite a few times today and previously, which I don't mind because it is a function of this committee and I've taken your advice, Mr. Chair, to heart—I do want to make a point on where I'm going here.

My point is that when we suspended, we passed a unanimous consent motion. The current thrust of that emergency motion was that all emergency spending in response to the pandemic would be under review, not just by Parliament but also by the Auditor General and other relevant independent officers of Parliament. This was essential. We need to have transparency, especially when asking parliamentarians to allow the government to function freely in an emergency in the way we did.

It has always been expected that we would see the relevant parliamentary committee conduct a review of the spending that took place during the pandemic. Many Canadians expected that this review would take place after the pandemic has ended, and not in the middle of a raging second wave. However, it's good that we get a head start on some of the review work.

As I look at Mr. Angus's motion, I think the initial thrust of it is relevant. While the finance committee will naturally focus on the spending aspect itself, such as how and where the money is spent, the relevant control mechanism about who got a particular contract and the process of its awarding may be studied by the government operations and estimates committee.

I believe that it would be perfectly fair for us as a committee to undertake a study of the safeguards put in place to ensure that no conflicts of interest were present during the spending of the pandemic funds. I also think it's appropriate for us as a committee to review spending from a privacy angle to ensure that privacy laws were respected and followed and, from a lobbying front, to ensure that lobbying regulations were followed as well. I think an overall focus and area of the study.... We could really get some good work done looking at the pandemic from these angles.

However, what I'm having a tough time with, Chair, are the specifics in the motion, mainly the singling out of just the Canada student service grant and then the matter of Baylis Medical and Palantir. It would be my opinion that to group all of these matters together would presuppose an outcome.

My opposition colleagues continue to try to build a narrative around each of the items listed in this motion, trying to surmise that something irregular occurred and that somehow the rules were broken, to a point that one of the proponents had to respond through social media, which I read earlier. If we were to listen to critics like Mr. Barrett, we would assume that corruption has run rampant and unchecked, when we know this is simply not the case. It's not true.

I also contend that there is a relevance matter, as these are all separate items only loosely tied together via this motion. In my humble opinion, this is being done simply to confuse the public.

This brings me back to the presupposition of guilt. I talked about this earlier. It's so obvious that the opposition is only fixated on finding guilt. I fear that, once we find that nothing occurred and that each organization is innocent, the outcome will not matter, but the reputations of those involved will be badly harmed. I talked about the WE Charity and the outcome of that. They and Canadian businesses will be so badly harmed by the impact, as Canadians have noted with WE.

Our goal here should not be to find guilt for guilt's sake, to find harm for harm's sake, or to tear down simply for the sake of political advancement. Our goal here should be to do no harm if no harm needs to be done.

I also think it bears noting that we're not a court of law here. We're not the police. We don't have a team of investigators at our disposal, nor do we have the procedural rules that allow for fairness and due process.

It has always been inherently clear that committees are a political place. There is nothing wrong with that. I have accepted that, as shown by my observations over the last short while. The necessary tug of war between government and opposition members is what makes our parliamentary system so effective. It leads to better decisions and better policy. I understand that.

However, we also have to recognize the scope of our limitations, that we are not a court or tribunal. When we undertake a study that gives the illusion that we are, it has tangible consequences for others. This is the point I keep coming back to today, the negative effects on these organizations or businesses, even if we find afterwards that there is nothing wrong in their practices.

I think we need to take a moment to think about the adverse effect of an unfettered study of a private company.... For example, Chair, take the section about Baylis Medical. I am not defending a certain organization or a certain company, but if we step back for a moment from the fact that Mr. Frank Baylis, a former member of the Liberal caucus, is involved with the company....

Chair, now I am going to talk for a moment about the history of this company, and I believe it is important for the context.

I understand that in our past meeting, Mr. Angus felt that free advertisement was being provided for Baylis Medical. It's not what's happening here right now. A quick historic overview would provide the necessary context of why we need to be careful with the effect that our study could have on this business.

The truth is that Baylis Medical is a made-in-Quebec success story, the type of business that opposition colleagues would usually talk to. Mr. Baylis and his family immigrated from Barbados when he was young. He was in fact—

3:10 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Chair, on a point order, we learned about Mr. Baylis's Barbadian family history from Mrs. Shanahan. If Mr. Dong has something relevant and new to say, he should say something new and relevant. If he is just going to crib Mrs. Shanahan's notes and repeat the same stuff that held up our committee for hours and hours before, I question, again, the rules.

Maybe you need to explain to Mr. Dong what the rules are. I am sure he knows them and is just ignoring them, but he can't repeat again and again the stuff that's already been established. His Barbadian history is irrelevant.

The question is on the motion. Are they going to obstruct or can we get to a vote?

3:10 p.m.

Conservative

The Chair Conservative David Sweet

Thank you, Mr. Angus.

Continue, Mr. Dong.

3:10 p.m.

Liberal

Han Dong Liberal Don Valley North, ON

Thank you, Chair.

I understand that we have a few new members joining us today, so I would like to put everything in context. I take Mr. Angus's point, and I'll be short.

Baylis Medical, a Quebec company that became a success story, was founded by immigrants coming to Canada who found an area they were passionate about and put their heart and soul into it. Baylis is the type of business that we should all be promoting. However, because Mr. Baylis chose to step up and represent his constituents from 2015 to 2019, he and his company are now being demonized.

If I read the mood of the committee right, the opposition members are going to assume guilt and drag them through the public square and try to demonize them. I don't think that's the right thing to do.

Colleagues know full well that contracts for ventilators, which is at the heart of Mr. Angus's reasoning for bringing this forward, was not with Baylis Medical at all but with another company, which did in fact later subcontract to Baylis. Now it's being suggested that we conduct a study that specifically targets this company. There is no proof of wrongdoing whatsoever, yet we are being asked to dedicate a considerable amount of time and resources into a review that simply has no merit.

There is currently no open investigation by the Ethics Commissioner or Privacy Commissioner or commissioner of lobbying into this matter. The primary contractor is public and was disclosed transparently.

In a pandemic, thousands of Canadian companies have been asked to step up and assist in the efforts to provide essential PPE and other emergency equipment to ensure that we have adequate resources to combat COVID-19. Baylis Medical, like many other companies, stepped up. It shouldn't be unfairly targeted because its chairman was a member of a government party previously. It's not as if he's a sitting member right now.

The truth is, Chair, if we go by the logic—and please, if opposition members are listening—we could easily start looking into the party affiliations of all other businesses and business owners who received government contracts.

I know I don't need to repeat the words of my colleagues on this side from the last meeting. I'm sure colleagues can recall many examples of Conservative-affiliated business owners who have donated to and supported the Conservative Party of Canada. However, that doesn't stop them from receiving contracts. If we went by that logic, that a business owner's political affiliation dictates whether or not they receive a government contract, then only a very small number of businesses would be innocent in their view. No small or medium-sized business in Canada would be eligible.

Chair, I can go on and on with point-by-point reasoning on all matters that relate to this motion. However, as I've already been speaking for some time now, I will leave colleagues and the public with just one final point.

We are now in the middle of a second wave of COVID-19. Much of Quebec is in red zones. Ontario similarly has several regions in a modified stage 2.

The city where I live, Toronto, has received multiple warning signs. I see businesses that are truly worried. Businesses in Toronto are facing enhanced restrictions.

There are similar actions being taken in every province in Canada as we try to contain and manage this second wave. Businesses throughout this country are struggling. They have barely recovered from the lockdown that helped us through the first wave of COVID-19. They're looking to government, Parliament and parliamentarians for support and a plan for recovery.

We already have the FINA committee seized with the matter of WE and exploring issues relating to the Canada student service grant. It's unclear if they are going to be able to meet their obligations under the standing order to conduct pre-budget consultations, which are so important. We simply cannot afford to have another committee stuck in gridlock. Colleagues can place the blame squarely at the feet of the government if they wish. However, I think it's clear to the public at large that it is the opposition that is completely wrapped up in this non-scandal. The more time we waste on this, the more Canadians are going to take note.

I will ask Mr. Angus and my colleagues if we could please work together to come up with a motion that is both fair—

3:15 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

I have a point of order.

3:15 p.m.

Liberal

Han Dong Liberal Don Valley North, ON

I'm almost done.

3:15 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

I have a point of order.

3:15 p.m.

Conservative

The Chair Conservative David Sweet

Mr. Angus.

3:15 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

I have been listening to my honourable colleague talk about the COVID crisis. We are all living it, and we deal with it every day in our offices, but it has nothing to do with the motion.

However, if he wants us to end the gridlock, I am right there with him. I'd like to hear him say that he's ready to call a vote. Let's call a vote and end the gridlock so that we can get down to work and tell Canadians that Parliament is working for them at this time.