Evidence of meeting #11 for Access to Information, Privacy and Ethics in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was cooper.

A video is available from Parliament.

On the agenda

Members speaking

Before the committee

Wernick  Jarislowsky Chair in Public Sector Management, University of Ottawa, As an Individual
Cooper  Journalist, The Bureau, As an Individual

12:05 p.m.

Journalist, The Bureau, As an Individual

Samuel Cooper

In my research focusing on Brookfield, which is the nature.... Already, in previous testimony, I heard Brookfield's and Mr. Carney's 103 potential investment vulnerabilities come up. My work is based on open-source investigations. I noted that Mr. Carney, in the timeline back to his days with the Bank of England, had worked on establishing a special relationship between the Bank of England and the Bank of China, which is of course controlled by the Chinese Communist Party, in terms of global monetary systems. I felt that was important, as a researcher.

Through the years, when Mr. Carney joined Brookfield, prior to entering politics, he repeatedly travelled to Beijing and met with senior officials, including President Xi Jinping. I noted that, for business people of Mr. Carney's stature at that time to appear with Xi Jinping.... Again, as China's economy was in need of foreign investment and while investments in China were becoming more dangerous in the view of some western capitalists, it would have been important, I think, to have Mr. Carney in those meetings. You could say, fairly, that it was as beneficial to Xi Jinping as it was beneficial to Mark Carney, the business person, in his time at Brookfield.

When Mr. Carney entered the race to become the Liberal nominee for prime minister, I did note that, as The Globe and Mail broke the story, Mr. Carney met with an entity called the Jiangsu Chamber of Commerce in Toronto. I was very aware already of that commerce department having overt ties to the United Front Work Department. Indeed, politically connected Canadians are honorary chairs with that entity.

I do think there's much reporting that hasn't come out on exactly what the Jiangsu Chamber of Commerce is and on Mr. Carney's meeting, which he denied at first, as you know. He denied elements of The Globe and Mail's reporting, so there's controversy around what really happened in that meeting.

12:10 p.m.

Conservative

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

Unfortunately, I'm out of time.

I appreciate your answers.

12:10 p.m.

Conservative

The Chair Conservative John Brassard

Thank you, Mr. Barrett.

Mr. Sari, you have the floor for six minutes.

Abdelhaq Sari Liberal Bourassa, QC

Thank you very much, Mr. Chair.

Let me begin by thanking Mr. Cooper for joining us virtually. I also thank him for the work he has done for many years as an investigative journalist.

In any democracy, journalists obviously play an essential role of asking questions, which can be tough questions. They also serve to encourage public debate and contribute to the transparency of our institutions. Those contributions deserve to be recognized. Thank you for that, Mr. Cooper.

Our committee has a certain responsibility of its own that complements the media's responsibility. It's responsible for examining issues from a legislative perspective, a perspective based on verified facts. Of course, it relies on existing rules and our country's institutional framework.

Our role differs from that of a journalist, then, but it's just as important. Our job is to diligently put things into perspective and listen to what people have to say, as we're doing today. Our role is also to ensure a balance between vigilance and trust in our institutions.

Today, I think it's useful to distinguish between documented findings and much broader interpretations that are sometimes found in the public sphere.

You're a journalist, and journalists, by nature, explore avenues, raise possibilities and stimulate the collective thinking of Canadians. However, our task here is to go beyond perceptions to better understand how ethics-related mechanisms, first of all, and transparency-related mechanisms actually work and to determine how we can strengthen them.

Mr. Cooper, you know that Canada has strong instruments. It implemented a Conflict of Interest and Ethics Commissioner, a Commissioner of Lobbying, disclosure and accountability obligations and a legislative framework that continues to evolve. Those tools aren't perfect. No system is, anyway, whether within the OECD or elsewhere. A witness said earlier that Canada was in the top quartile. We aren't the best, and that isn't perfect. However, that still reflects a continuing commitment to public integrity and trust.

I believe that our committee can play a constructive role, not by looking for culprits or controversies, but by ensuring that the rules remain clear, relevant to current realities and understood by everyone. In that sense, your testimony, Mr. Cooper, is helpful. It reminds us of the importance of transparency and dialogue between the media, civil society and public institutions. The best service we can deliver to Canadians and Canadian democracy is to listen to you. Our goals are to listen to all voices with respect, look at the facts thoroughly and work together to build public trust. I've said it before, and I'll say it again.

That said, it's important to remember that journalistic work, as commendable and important as it is, doesn't always benefit from the same verification standards as parliamentary or judicial inquiries. When based on anonymous sources or partial corroboration, some statements can give an impression of truth, a perception, without providing complete proof.

When it comes to your work, Mr. Cooper, a number of observers have noted—it wasn't me who noted this, since I'm not an expert in the field—that some of the conclusions are based more on interpretive assumptions than on evidence that we, as legislators, would prefer to be irrefutable.

That in no way detracts from the value of your commitment, but it underscores the need for us, as parliamentarians, to put those analyses back into their proper context, which is a context of media debate. The research is commendable, but impact can sometimes take precedence over factual rigour. That's true for all media, not just yours.

I think it's also important to guard against the temptation to draw simplistic and political conclusions from piecemeal reporting. Our responsibility here isn't to react to the headlines of the day, but to build a sustainable policy based on verified facts and a comprehensive understanding of the legal framework.

Mr. Cooper, you've written extensively on the issues of interference and transparency.

In the public sphere, how do you feel can we better reconcile journalistic freedom—which I defend with all my heart and soul—and the need not to undermine Canadians' trust in our institutions?

12:15 p.m.

Journalist, The Bureau, As an Individual

Samuel Cooper

The question brings to my mind the central issue for this hearing—very simply whether the impartiality of the Ethics Commissioner and the Clerk of the Privy Council is sufficient to provide Canadians with the confidence that the ethics screens in place for our prime ministers and cabinet ministers will work.

Some of you will know that I started as a reporter in British Columbia. My work led to the Cullen commission into money laundering. Justice Cullen credited my investigations, savvy reporting and questioning with leading to that commission. One of his top three recommendations was that the British Columbia government had effectively demonstrated that it needed an independent, anti-money laundering commissioner who did not report to the premier or serve at the pleasure of the premier's cabinet, because there was simply a loss of trust that B.C. would be able to police its own money-laundering institutions.

Abdelhaq Sari Liberal Bourassa, QC

Before we go any further—

12:15 p.m.

Journalist, The Bureau, As an Individual

Samuel Cooper

I'm sorry, but I say that the same issue here relates to the Ethics Commissioner in Ottawa. I think there's enough reporting that Canadians have very valid questions.

12:15 p.m.

Conservative

The Chair Conservative John Brassard

I'm sorry to interrupt you, Mr. Sari, but I gave you seven minutes to speak and ask Mr. Cooper your question.

Abdelhaq Sari Liberal Bourassa, QC

I just want a final yes-or-no answer.

12:15 p.m.

Conservative

The Chair Conservative John Brassard

No, that's it. You may have a chance to come back to it later.

Mr. Thériault, you have the floor for six minutes. You can even have seven minutes, if you want.

Luc Thériault Bloc Montcalm, QC

Thank you, Mr. Chair.

Mr. Cooper, welcome.

Did you hear the testimony from the previous meeting?

12:15 p.m.

Journalist, The Bureau, As an Individual

Samuel Cooper

Yes, I did.

Luc Thériault Bloc Montcalm, QC

The former clerk of the Privy Council told us that he had reservations about the issue of the appearance of conflict of interest because he feels it is subjective.

However, when the Conflict of Interest and Ethics Commissioner decides to conduct an investigation, it is because there is the appearance of a conflict of interest. He must then determine whether or not there is a conflict of interest. It's an important concept.

Mr. Wernick suggests that elected officials be warned proactively. When politicians read the act, they should guard against not only being in a conflict of interest, but also the appearance of a conflict of interest.

When Mr. Wernick resigned in 2019, he said, “It is essential that Canadians continue to see their world leading public service as non-partisan and there to provide excellent services to Canadians and the governments they elect.”

I agree with that and with the fact that appearances are important in maintaining public trust. Where he and I differ is on the fact that, in order to maintain public trust, appearances are also important in terms of the appearance of conflict of interest.

What do you think of the proposal to amend the act to broaden its scope to the appearance of conflict of interest?

12:20 p.m.

Journalist, The Bureau, As an Individual

Samuel Cooper

I believe, very simply, that Canada's democracy demands that legislation be brought in. One, there should be an independent arm to administer ethics screens, and two, it should be brought in for the perception of conflict. As the prior member's questioning pointed towards, the public, just like journalists, can make observations that successful business persons may have had a long history of engagement with foreign governments or foreign businesses. When said business persons take a seat of power in Ottawa, Canadians reasonably believe that they are human, like anyone else, and relationships can, and in fact do, extend from business into politics.

I think it's important that the perception of conflict, which reasonable, well-read people can perceive, does extend to the ethics regime.

Luc Thériault Bloc Montcalm, QC

There's perception, but there's also the appearance of conflict of interest. In other words, there may be a perception, but the person who will decide whether the perception is legitimate or compelling is the Conflict of Interest and Ethics Commissioner. The Commissioner will have to determine whether there is an apparent conflict of interest and whether he will investigate it.

There's a difference between the two concepts. We can't just try to anticipate or stay ahead of perceptions.

Do you agree with that?

12:20 p.m.

Journalist, The Bureau, As an Individual

Luc Thériault Bloc Montcalm, QC

Okay.

With regard to the Prime Minister's declaration of interest, we've heard a lot about the fact that the current Conflict of Interest and Ethics Commissioner first advised him to put all his assets in a blind trust. Several witnesses who appeared before the committee questioned how blind the trust actually is.

Since the conflict of interest screening mechanism is not enshrined in the Conflict of Interest Act, the Commissioner entered into an agreement with the Prime Minister. He suggested that he use a conflict of interest screen, which would be managed by his chief of staff and the Clerk of the Privy Council.

On the one hand, how far will a situation like that help restore public trust in the political establishment?

On the other hand, shouldn't such a screen simply be managed by an independent commissioner rather than by employees of the Prime Minister?

12:20 p.m.

Journalist, The Bureau, As an Individual

Samuel Cooper

I agree absolutely that it should be an independent commissioner of ethics who does not serve at the pleasure of and is not appointed by the Prime Minister.

I would go further on the ethics screen. I would say that at this point, Canadians have lost some confidence in integrity and transparency in Ottawa. The simple solution here is full divestiture of prior investments.

Some will say that's not practical, but in my opinion what is not practical is that the Clerk of the Privy Council, with their many different functions, would be the one responsible for day-to-day knowledge of whether there's a clear conflict or a second- or third-order conflict.

The world is becoming more complex, not less. The world is becoming more hostile in terms of outside powers that are not friendly to Canada seeking influence in Ottawa.

I would agree with the member that it needs to be independent and that fewer legal regulations need to be put in. The current system is not enough.

Luc Thériault Bloc Montcalm, QC

When I put the question to the current Commissioner, he told me that, in the event of a conflict of interest, he would be judge and jury. That's plausible.

That said, if there were an independent commissioner who was accountable, that person could follow up with the Prime Minister's Office. The commissioner would have the necessary independence to make an impartial judgment in the event of a problem.

What do you think?

12:25 p.m.

Journalist, The Bureau, As an Individual

Samuel Cooper

If that was the question, I believe that's a perfect system. Use what's in place and then have that extra independent judge at a special distance.

12:25 p.m.

Conservative

The Chair Conservative John Brassard

Thank you.

We are going from one Mr. Cooper to another.

Mr. Cooper, you have five minutes. Go ahead, sir.

12:25 p.m.

Conservative

Michael Cooper Conservative St. Albert—Sturgeon River, AB

Thank you, Mr. Chair.

Mr. Cooper, I want to ask you some questions about Brookfield, given your investigative journalism on Brookfield.

Brookfield has significant investments in Beijing's state-linked enterprises—more than three billion dollars' worth of investments. Am I correct?

12:25 p.m.

Journalist, The Bureau, As an Individual

Samuel Cooper

That's correct.

12:25 p.m.

Conservative

Michael Cooper Conservative St. Albert—Sturgeon River, AB

During his tenure as chair of Brookfield, Mark Carney played a significant role in expanding Brookfield's footprint in the PRC. Is that correct?

12:25 p.m.

Journalist, The Bureau, As an Individual

Samuel Cooper

I'm recalling my research.

His work on, I believe, green power businesses with connections to China was an expansion, yes.