Evidence of meeting #139 for Access to Information, Privacy and Ethics in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was anderson.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Clerk of the Committee  Ms. Nancy Vohl
Maxime-Olivier Thibodeau  Committee Researcher

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Yes, I remember being impressed that he actually had a chequebook. So few people have a chequebook. I don't know whether you can do an e-transfer these days for the tens of thousands of dollars that the cheque was apparently for. I think it was $90,000, or something.

Shuv Majumdar Conservative Calgary Heritage, AB

That was 12 years ago.

A voice

Didn't somebody go to jail?

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Yes, it's really quite something. Did somebody go to jail for that as well? Listen, I'll let another member talk about that, because I can't remember everything. I was doing other things at the time.

Our mandate is to be the committee that oversees those four critical independent commissioner roles, which, again, form the basis for us having confidence in our parliamentary system. As we saw the other day, the Commissioner of Lobbying makes sure that people registered as lobbyists are not at the same time acting as political advisers and vice versa. I won't go over that. I'm sure that's all on record from the last meeting. There's also the Privacy Commissioner, the Information Commissioner and, of course, the Conflict of Interest and Ethics Commissioner.

At the same time, Mr. Chair, you've reminded me that my fellow citizens are very interested in the work we do here. So I'd like to emphasize that this role of Commissioner is an interesting one. If I'm not mistaken, any member of the public or any member of Parliament can write to him with a complaint about something that has been observed. The Commissioner will then conduct an independent, fully confidential investigation.

We also don't want frivolous complaints or complaints sent out willy-nilly by opponents who just want to attack a colleague because he or she is a member of another political party. This is not at all the purpose of the Conflict of Interest and Ethics Commissioner. Rather, his role is to give instructions to MPs. I think every member here is very concerned, in December or January, when they receive a certain email. It's an email we don't want to miss because, if we miss the deadline, we'll get a call, won't we? We'll be told that our financial report is overdue.

It's safe to say they're pretty meticulous about how this information is reported. What's more, I imagine that there are journalists, MPs, researchers, employees and members of the public who will take a very close look at this. For example, if they see that a member of parliament has shares in a particular company, they'll wonder whether the company has any contracts with the government. I think this gives work to quite a few employees on the Hill. But that's the system we have to have in order to make sure people follow the rules.

When the Conflict of Interest and Ethics Commissioner finds compromising information, he issues his findings in a report, and obviously, a fine may apply. I think the fine goes up to about $200. At the same time, the Commissioner will clarify exactly what happened, whether or not someone violated a regulation, and it's up to the member to correct his or her behaviour.

We're not talking about a sham tribunal, where a jail sentence is applied, or anything like that. It's just that I think my colleague is overreacting when he talks about guilt in a case which, frankly…. Don't you think I'm right?

As I said earlier, it can happen to anyone to forget an account, such as a tax-free savings account, a TFSA, for example, and for this information to become public.

In this case, I imagine the Commissioner could have refused subsequent complaints after the first complaint was filed, after the first investigation or the first time he concluded that Mr. Boissonnault had not violated any regulations. The Commissioner has other things to do. I imagine his time is limited. He's got a lot of work to do.

That's not how it happened. I think this just goes to show how conscientious the Commissioner is. He agreed to a second investigation, after which he produced a report saying that he had found nothing. Even the third time a complaint was filed, he said he'd found nothing.

He still testified about it, here, before this committee. On this side of the room, we're in complete agreement that when an incident raises questions, or we have the slightest doubt that the Commissioner isn't playing his role, we're going to question him about it.

I think that's what happened when Mr. Barrett made his first motion, when the Commissioner was conducting his investigation. It seems that it wasn't quick enough for Mr. Barrett's liking. Maybe that's not the right expression, but I think Mr. Barrett wanted to have his cake and eat it too. He wanted both jobs. In my opinion, our role is enough for us and we should let others do what they have to do.

In addition, we heard testimony from Minister Boissonnault, who appeared before our committee, and I believe it was in June that we heard the Commissioner's first testimony. I wasn't at that meeting, but I think it's a sign of transparency to invite an officer of Parliament of this calibre to come and answer our questions very clearly.

In fact, the Commissioner made it very clear that the minister in question complied fully with the regulations of the Conflict of Interest Act and the Conflict of Interest Code for Members of Parliament.

The minister met all the requirements of the Conflict of Interest Code for Members of Parliament with respect to the companies that were the subject of Mr. Barrett's complaint and motion. There was no need for the committee to conduct a study.

We should be careful about duplicating committee work and not prejudge what the Commissioner will find. I see that other committees are trying to do the work of an officer of Parliament. It's a bit peculiar. The risk is that a committee will put obstacles in the way of the Commissioner in question. I don't think that's anyone's objective here.

I'm thinking of all the work done by the Auditor General or the Parliamentary Budget Officer. These are individuals and professionals who are very capable of carrying out the tasks entrusted to them. Parliamentarians, with all their privileges, can interfere with the work of these professionals. But I don't think that's the objective of anyone here.

The Conservatives were certainly not satisfied. In particular, Mr. Barrett was back at it again. Text messages were mentioned. Once again, we can ask the Commissioner to examine these text messages. I think all the members of the committee showed good faith. The minister proactively sent all his cellphone records and messages sent during the period in question. We received these same documents at the committee.

We saw clearly that Minister Boissonnault had not received any WhatsApp calls or text messages from Mr. Steven Anderson, who had a connection with the GHI company.

Certainly this was not Mr. Barrett's goal, but the Conservatives wanted to continue the attack anyway. They didn't want to let the facts compromise their story. When the Conflict of Interest and Ethics Commissioner reviewed all these documents, he said he found no evidence that the minister was involved.

In another committee—indeed, apparently it's not enough to monopolize the time of a single committee—the Commissioner made it very clear that Mr. Boissonnault had offered to give him all the information concerning his communications on September 8, i.e., his exchanges, telephone conversations, emails, etc. He said that he and his team had looked at everything that had been offered and that it was clear that there had been no contact between the minister and Mr. Anderson. I think that's pretty clear. I don't know if we want the Commissioner to testify at every meeting, but that's pretty much the case. Apparently, he has to be told the same thing over and over again.

Then Mr. Barrett continued. He asked the Commissioner if there had been any other messages or text messages. The Commissioner replied that he had asked the minister if he had any further information and that, should he receive anything else, he would be able to determine whether Mr. Anderson—and it is Mr. Anderson who should be targeted in this case—had used Minister Boissonnault's name in vain or whether there had actually been any conversations. Apparently, in a third committee, the Commissioner confirmed that there was no investigation concerning the minister. So they want to keep repeating the same story, no matter what the Commissioner said.

If anyone here ever wanted to question the competence, professionalism and quality of the Commissioner's work, I think I'd have a problem with that. I'm not saying that's the case, but I think it would be really unacceptable. We have a supervisory role here at the committee. We can call to account officers of Parliament who have a link with the committee.

However, Mr. Cooper, don't tell me that you were the one who, at one point, in another committee, yelled at the Commissioner asking why he wasn't investigating. Please tell me it wasn't you who did that. Frankly, that would be beneath you. I know you have qualities and I don't think you're the kind of MP to attack an officer of Parliament, independent of government, in the performance of his or her duties.

Mr. Chair, I think I'll stop here. I hope that my fellow citizens now understand my position and the reason for our work here.

I know they found the report from our study on misinformation and disinformation very interesting. It's something people are concerned about. They love Facebook and being connected with friends, family and all that, but they're much more aware now of the risks of relying too much on social media.

This is work that has been done by the members of this committee and I salute everyone who worked on this study.

I heard behind the scenes that Mr. Villemure might have an interesting motion for us and I'd love to have the opportunity to look at it, but we surely can't waste our time with repetitive motions like the one Mr. Barrett has tabled here today.

Thank you, Mr. Chair.

5:25 p.m.

Conservative

The Chair Conservative John Brassard

Thank you, Mrs. Shanahan.

Matthew Green NDP Hamilton Centre, ON

I guess we won't hear about the cocaine.

5:25 p.m.

Conservative

The Chair Conservative John Brassard

The next speaker is Ms. Khalid. She will be followed by Mr. Green, Mr. Housefather and Mr. Bains.

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Am I not on the list at all?

An hon. member

You're next.

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Oh, I'm next. Okay, sorry. Well, I should have—

5:25 p.m.

Conservative

The Chair Conservative John Brassard

I said that.

Iqra Khalid Liberal Mississauga—Erin Mills, ON

—paid more attention to you there, Chair. I appreciate that.

René Villemure Bloc Trois-Rivières, QC

Life wouldn't be the same.

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Life would be a lot better if we all understood what our challenges are and how we could work together to resolve a lot of them.

Chair, today I wanted to.... It was a bit of a surprise in committee business. There was an issue I really wanted to discuss with our committee members to see if there was something we could do in our committee to try to resolve it.

Mr. Cooper sat with me on the justice committee many years ago when we went across the country on the issue of human trafficking and put forward some really strong recommendations. Some of those recommendations involved hotels and the hospitality sector and what their role and their accountability were in dealing with issues of human trafficking. The Hotel Association of Canada was on the Hill, meeting with MPs, and this was an issue we had brought up during our cross-country tour.

I was really hoping we could find a way to make sure that in the case of hotels, Airbnbs and other short-term stay places, not only should we know how they track their data....

Obviously, when you check into a hotel or short-term stay place, you need to provide your government-issued ID. You need to provide your credit card information. I was really hoping we could see how the privacy of Canadians is maintained there, but then also see how these short-term stay places, including hotels, Airbnbs and motels, can and do work with law enforcement to ensure that cases of human trafficking are proactively monitored—

Matthew Green NDP Hamilton Centre, ON

I have a point of order.

Iqra Khalid Liberal Mississauga—Erin Mills, ON

I'm getting to my point.

Matthew Green NDP Hamilton Centre, ON

I still get to do my point of order. I'm going to speak once today.

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Please go ahead.

The Vice-Chair Liberal Darren Fisher

Go ahead on your point of order, Mr. Green.

Matthew Green NDP Hamilton Centre, ON

This is completely irrelevant to the task at hand.

Thank you.

The Vice-Chair Liberal Darren Fisher

I agree, although the chair let Mr. Genuis go on ad nauseam about things that had nothing to do with this motion as well. I'll give her a little bit of latitude, but not very much.

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Thank you very much, Mr. Chair.

You look good in that chair, Mr. Fisher.

Some hon. members

Oh, oh!

Iqra Khalid Liberal Mississauga—Erin Mills, ON

It won't be for a very long time: You're fine.

I appreciate the reminder by the NDP member.

My point in raising all of this is that is what I had hoped to discuss in committee business today, as opposed to something that has been hashed and rehashed again and again by the Ethics Commissioner, by this committee, by that committee, by the House of Commons, with no end in sight.... What I'm trying to say is that the Ethics Commissioner—three times—indicated that this matter is closed, that he has nothing to see, that there is nothing to investigate here, that he has conducted his investigation and has found nothing at the end of the day on the minister's part.

I'll also say, Mr. Chair, that it's been nine years for me as a member of Parliament. I go to hundreds of events. In fact, over this past year, I think I've attended over a thousand events within my community. I take photos with hundreds and thousands of people on a regular basis, who post these photos out of love, out of respect. I post their photos with me out of love and respect as well, but the perception of a close tie is not always a close tie in reality.

I think the work of the Ethics Commissioner has been really strong on this issue, because he has been asked time and time again to look into this issue. There have been multiple times when the minister himself has been questioned about this, yet we're still exactly where we were in the beginning, where the Ethics Commissioner still says that there's no investigation to be had here and where the minister has been very firm and has stayed consistent in what he's had to say, and yet we are yet again using important committee resources to rehash an issue.

In the motion here specifically, the member, Mr. Barrett, has listed Ms. Ghaoui as one of the witnesses, when we know that she has already agreed and has expressed an interest in appearing at this committee. I'm not sure why she is on the witness list. It makes no sense to me when somebody has said, “I'm coming. I want to come. Invite me. Let's go”, and yet here we are, trying to create this perception that people are not being collaborative.

Mr. Majumdar, if you want to laugh, that's absolutely fine, but just go to a corner, please, so I'm not distracted, if that's okay.

Minister Boissonnault has appeared twice—

Some hon. members

[Inaudible—Editor]