Finance Committee on June 2nd, 2015

[Suzanne Legault]

Well, Mr. Chair, I agree that the will of Parliament is supreme. I really do.

The situation that I have before me is the following: I have the Ending the Long-gun Registry Act, which has been in existence since April 2012. The ELRA never ousted the jurisdiction of the Access to Information Act; it ousted the jurisdiction of various provisions of the Privacy Act, but is silent about the Access to Information Act, which is also a law of Parliament that I am mandated to apply. I am mandated to receive and investigate complaints under the Access to Information Act. Government institutions are obligated to respect their obligations under the Access to Information Act.

This is the will of Parliament today and it was in 2012, and until it is changed, it is the will of Parliament.

[The Chair, Conservative, James Rajotte]

You have one minute.

[Mark Adler, Conservative, York Centre, ON]

The will of Parliament is expressed by Parliament.

Is that correct?

[Suzanne Legault]

In both the Access to Information Act and the ELRA, I cannot speculate that Parliament decided that the Access to Information Act was not to apply if it were not specifically mentioned.

[Mark Adler, Conservative, York Centre, ON]

You're speculating on its constitutionality, are you not?

[Suzanne Legault]

I don't know what a court would say on the constitutionality of this particular retroactive bill.

[Mark Adler, Conservative, York Centre, ON]

So all your assertions are based on speculation right now, correct?

[Suzanne Legault]

It is based on my—

[Mark Adler, Conservative, York Centre, ON]

On your own speculation.

[Suzanne Legault]

No, it is based on our review—

[Mark Adler, Conservative, York Centre, ON]

Because no court has ruled yet, right?

[Suzanne Legault]

No, and it will have to be determined by the court unless parliamentarians decide not to pass this bill.

[The Chair, Conservative, James Rajotte]

Okay, just a brief question and response, please.

[Mark Adler, Conservative, York Centre, ON]

Okay. Thank you.

Do you agree that when Parliament passes laws, it doesn't do so to create loopholes—and again this is a long-standing tradition in Canadian law—but to close them?

[Suzanne Legault]

A week after the ELRA came into effect in April 2012, I wrote to Minister Toews, who was the Minister of Public Safety, alerting him to the fact that the Access to Information Act applied. Of course, I saw there was a concern; I had a valid request and a valid complaint. I alerted the minister in April 2012 that the access act applied. The minister replied to me—and this is in my special report—that he would abide by the rights of access under the Access to Information Act.

The government, which had a majority at the time, could have said, “Oops” and changed the law at that time. Unfortunately, it wasn't done, so an investigation was conducted and this is the situation we are faced with.

I agree with you: I really do not know what a court would determine in relation to this bill. I do have serious concerns and I don't think the law is settled on facts such as these.

I urge parliamentarians to really look at this and to see whether or not it is a better solution to say, “Let the facts and the case in the Federal Court determine whether or not the response was provided appropriately.” It's already before the Federal Court. Let the police do their own investigation. Perhaps they will find that there is nothing there. We shall see, but that's the situation we have. It should run its course.

[The Chair, Conservative, James Rajotte]

Thank you.

Unfortunately, the time has run out for the chair to ask any questions.

On behalf of all of the committee, I want to thank all of our witnesses for being here this morning and contributing to our deliberations on Bill C-59. We appreciate your involvement very much.

Colleagues, you have a very modest budget in front of you. Could I get someone to move this budget?

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

I so move, Chair.

[The Chair, Conservative, James Rajotte]

Okay.

(Motion agreed to [See Minutes of Proceedings])

Okay. Thank you.

We will see you this afternoon with Minister Oliver.

The meeting is adjourned.