Evidence of meeting #58 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 thurlow.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

W. Scott Thurlow  Lawyer, Counsel on legislation, As an Individual
Siobhán Vipond  Executive Vice-President, Canadian Labour Congress
Duff Conacher  Co-Founder, Democracy Watch
Mike Luff  National Representative, Political Action Department, Canadian Labour Congress

5:30 p.m.

Conservative

The Chair Conservative John Brassard

Mr. Conacher.

February 14th, 2023 / 5:30 p.m.

Co-Founder, Democracy Watch

Duff Conacher

Yes. In my submission I will be setting out the Supreme Court decisions, showing that if the code goes through as is, it will actually violate the charter. The current four-year cooling off period does not violate the charter at all. It's completely compliant with the Supreme Court, and other Canadian court rulings.

5:30 p.m.

Conservative

The Chair Conservative John Brassard

Thank you.

For the benefit of the committee, we did receive a letter from the Commissioner of Lobbying. Most of you would have received it, or it's in your digital binder. It was with respect to her decision not to release the legal opinion she received. I know Mr. Green referenced that earlier, so we are not going to get that legal opinion.

5:30 p.m.

Co-Founder, Democracy Watch

5:30 p.m.

Voices

Oh, oh!

5:30 p.m.

Conservative

The Chair Conservative John Brassard

Somebody has a hot mike there.

5:30 p.m.

NDP

Matthew Green NDP Hamilton Centre, ON

On a point of order, Mr. Chair, I recall that it was a request. I want to respect the independence of the office, but what is the jurisprudence on our committee's supreme ability to send for documents? She denied a verbal request. There's still the option to move a motion and then allow the commissioner to explain to the House of Commons why that's not within our purview.

I think we'll retain that option. I hope we can be fully informed here. If people are making charter claims—that's a pretty significant claim on a legal opinion—I feel it would be to the benefit of this committee, and the general public interest, if the general public had access to that legal opinion.

Anyway, I'm going to retain that parliamentary right to move a motion at the appropriate time.

5:30 p.m.

Conservative

The Chair Conservative John Brassard

Right. I mentioned that earlier to advise the committee of something that you are likely aware of. Perhaps there is a motion, or something that would be required of the committee. I'm going to circle back with the clerk to figure out what the best course of action is on that, and then I'll advise the committee.

We do have another meeting on this study on Friday, so we may be able to dispose of it then. Okay? I just want to make that clear to the committee.

I want to thank all of the witnesses for being here today. This was, indeed, a fascinating discussion. The divergence of opinion helps the committee. I also want to thank our analysts and our clerk for preparing us today.

On behalf of Canadians, thank you to all of our witnesses.

The meeting is adjourned.