Thank you, Mr. Chair.
I will continue. I was at bullet 6, I believe:
6. Due diligence analysis of any financial scrutiny undertaken with regard to the WE charity during this process. Attached at Annex 5, you will find the detailed explanation prepared by ESDC of the controls embedded in the contribution agreement to ensure stewardship and appropriate use of funds, as well as a brief overview of the typical process used to evaluate projects and recipients. Further information relating to due diligence that was done by officials in relation to the Canada Student Service Grant is provided in Annex 1 and in the packages that other relevant departments are providing to this committee. 7. The full text of the contribution agreement This document was provided to the Committee by ESDC on Friday July 24, 2020.
Obviously, that was a key document in this entire series of considerations around the Canada student service grant. The letter goes on:
As I noted when I appeared at committee on July 21, 2020, my intent has been to be as expansive as possible in relation to the information that I provide.
This is a key part:
The committee's motion stipulates that Cabinet confidences and national security information are to be excluded from the package.
That is to say, we never asked for them as a committee.
No information is being withheld on the grounds of national security, since the information does not so pertain. With respect to Cabinet confidences, you will note that considerable information on the Canada Student Service Grant that were Cabinet confidences, is being provided to the Committee.
I think that's rather extraordinary, Mr. Chair. Those are my comments and not part of the letter, which continues:
This is in keeping with the public disclosures of information on this matter made by members of the Queen's Privy Council for Canada. A principled approach was adopted to this information to ensure a non-selective application of the protection afforded by Cabinet confidentiality. As a result, considerable information on the Canada Student Service Grant that would otherwise constitute Cabinet confidences is being released. Information not related to the Canada Student Service Grant that constitute Cabinet confidences is withheld and identified as not relevant to the request. In this package, I have also chosen to disclose certain personal information contained in the Privy Council records relating to individuals working in ministers' offices as well as personal information of individuals who work for WE. I have decided to disclose this information because in my view the public interest in disclosure clearly outweighs any invasion of privacy....Similarly, because I believe that it is in the public to do so, I am prepared to issue a limited waiver of solicitor client privilege as it relates to the information that is being provided by departments in response to this motion and my undertakings.
Lastly, I wish to draw the committee's attention to a Note to File, prepared by Christiane Fox, the Deputy Minister of Intergovernmental Affairs at the Privy Council Office. In that note to File, Ms. Fox provides a clarification regarding references in two email exchanges (Annex 6). I trust that the Committee will find the above explanations helpful in its consideration of the enclosed materials. Sincerely, Ian Shugart Clerk of the Privy Council Office
Mr. Chair, there's a similar letter that was sent to this committee as part of the disclosure package that provides important context for the documents that have in fact been disclosed. The reason it's important is that it helps us understand the appropriateness of the redactions, rather than our jumping to the conclusion, as members of the opposition have, that it has somehow violated our privilege. Instead they're seeking to include the context that explains specifically why redactions were made. That remittal letter came specifically from the Clerk of the Privy Council, who is responsible for the public service, of course, but more broadly for much of the document disclosure.
If we actually dig into some of the documents—I'm looking specifically at document number 000049—we see a document labelled at the top as “Not Relevant”. There's obviously no obligation to produce documents that were not relevant to the committee's request. In the example that we're looking at here, this is a Privy Council Office document that accompanied the letter that I just read into the record, which the initial motion with the amendment would specifically exclude from the evidentiary record. There are a number of programs listed in the left column, including youth employment skill strategy programs and student work placement programs, such as the student learning program, the Canada service corps, other financial support, Canada student loans program, doubled Canada student grants, the Canada student benefit, and then at the bottom data blocks that were in fact redacted because they didn't connect to the matters relating to the Canada student services grant, which was included in the committee's request. Instead the two areas that were not redacted related to the Canada service student grant and the WE social entrepreneurship initiative. There are a number of programs listed there that just had nothing to do with what the committee had asked for.
However, in keeping with the motion, the items that related to the Canada student service grant were released. Although a significant amount of that page has in fact been redacted, when you have the benefit of the remittal letter that explains why certain things were redacted, including their relevance, then you very quickly understand that the approach taken mirrored what the committee had asked for.
I go to the next PCO disclosure document at page 76. We have an email from Craig Kielburger to Christiane Fox, who was again specifically named in the remittal letter. The email was sent on April 22. Many committee members would have seen this before. The entirety of this email appears in full text. There are no redactions until you get to the very end of the document. The email, though sent to Craig Kielburger, has a byline at the end for one Lauren Martin, the executive assistant to Craig Kielburger. It includes one telephone number. In the way an ordinary email looks, that appears where the office number would follow under the e-signature. The remaining contact detail of that individual is in fact redacted.
Personally, I think you will appreciate having now heard the benefit of the Clerk of the Privy Council's transmittal letter that there's nothing untoward about redacting the phone number of Ms. Martin in this particular disclosure. The meat of this particular document is actually really interesting and important. It's timed importantly, having been sent on April 22, 2020, in the middle of the pandemic, around the time this student service grant was being considered. All of the text about the previous phone call, about the proposed youth summer service program and the youth social entrepreneurship program is included in full. The only piece that was redacted, as far as I can tell, is the personal contact information of the executive assistant to Craig Kielburger at the time.
We continue on. Again, this is still part of the same PCO disclosure that came attached to the letter from the clerk, which I had just gotten into. If we actually look at page 105, for example, we see that we're dealing with a document marked “Secret”, “Confidence of the Queen's Privy Council”. It is a memorandum for the Prime Minister. It's entitled “Increased Support for Canadian Youth and Students”.
This is a document that is not commonly shared in a public forum like this. Again, if we actually scroll through it, we can see a description of the memorandum and some of the measures that were announced on April 22, 2020. It includes a description of the Minister of Finance's decision. If you go to the following page, you will find redactions that do take up a significant chunk of the page. They fall under headings of “Youth Employment and Skills Development Programs” and “Canada Student Loans”. Those redactions have nothing to do with the Canada student service grant, but now having had the benefit of considering the remittal letter from the Clerk of the Privy Council, you can understand precisely why those redactions took place. They're not relevant to the matters that the committee has asked for. There are portions of the document that have been disclosed, as explained in the letter from Mr. Shugart, where he viewed the public interest to outweigh the privacy concern, or where there were matters that were relevant, in fact, to the development of the Canada student services program.
When you go through this page for page, you see that the redactions, as extensive as they may be on any given page, tend to pertain to something that either is simply not relevant to what the committee had asked for or specifically relates to matters where the committee said that it doesn't want these documents documents disclosed, namely, cabinet confidences. In this particular instance, we even have the recommendations by PCO to the Prime Minister that were disclosed to this committee.
I don't know how more private a document can be in terms of cabinet confidences than recommendations made by the Privy Council to the Prime Minister. Nevertheless, the portions that touched on the matters that are before this committee have been disclosed, despite the long and storied history in parliamentary democracies of protecting confidences of the Crown. Mr. Chair, for what it's worth, I used to deal with document disclosure controversies all the time in my job prior to politics, and even the courts would not have had the ability to compel documents that were properly subject to Crown privilege or cabinet confidences.
Continuing with the PCO disclosure—again, all of which was attached to that original letter that is being excluded from the evidentiary record, which the subamendment would bring back onto the record—if you actually go to the pages beginning at page 189 of the PCO disclosure, there is an email between Rachel Wernick and Tara Shannon from the Privy Council Office. As the motion expressly stated, unrelated cabinet confidences were removed. That portion of the motion has been satisfied, and Ms. Wernick's cellphone number was removed.
I don't think it's appropriate that we need to be compelling the disclosure of that particular motion. These are the kinds of things that actually remain in dispute before the committee in the present debate. Obviously, as I mentioned in my previous remarks, cabinet confidences are not controversial. We didn't ask for them. They didn't need to be produced. The government produced them anyway. The only thing of dispute is, who would have been responsible for redactions on things like Ms. Wernick's personal cellphone number? The government officials who redacted it or the law clerk?
The struggle here is that the law clerk is saying that their law is supreme, and the civil service, who has actually made these redactions on things like the personal information and contact details of Ms. Wernick and others, is saying that “there is legislation that binds us, that insists we can't share that”. Where possible, as you've seen in the other remittal letters that we've covered previously on debates related to other proposed subamendments, those remittal letters explain the significant efforts that were undertaken to actually obtain the consent to disclose some of this personal information.
To me, I don't really care who redacts the personal cellphone number of Ms. Wernick, whether it's the Clerk of the Privy Council or the parliamentary law clerk. That information should be redacted. I don't think that should be a matter of public record. I think our public servants deserve not to be exposed to the public in that particular way. In any event, I can imagine that most public servants, if they had their personal contact details disclosed, would probably get a new cellphone number in any event.
If we actually scroll down in this particular email, it has a small redaction of one line. It appears to relate to a personal conversation that had taken place, and then again at the end, as I've mentioned, before the office email address we see the mobile phone number. You can tell because it has the word “Mobile” and only the phone number has been excluded. You're beginning to see a pattern here, I think.
If you go now to the next couple of pages of PCO's disclosure and page 191 of their release—again, which is all attached to the remittal letter that I've raised as being essential to provide context—it's another email between Ms. Wernick again and Ms. Shannon. The only thing on this page that seems to be missing is again the personal mobile number for Ms. Wernick. The entire email talks about the policy intent, which is more narrow for the student grant program. It discusses what people are comfortable with.
There is some information that is perhaps irrelevant that could have been further redacted but was not. There is a discussion between Ms. Shannon and Ms. Wernick relating to the Internet being cut out, which is clearly not of import to the matters that the committee requested document disclosure on. Nevertheless, the document was provided. The only thing that was redacted was the personal cellphone number.
If we go to the next page of PCO's disclosure—again, which context was provided for, and they explained the process through which they redacted certain kinds of information—there are no redactions on page 192. It's a further email chain between some of the folks I've mentioned and others. The only redaction, if you go to the following page, was again Ms. Wernick's personal cellphone number.
These are the kinds of things that are in dispute right now. The big-picture items, the pages that Mr. Poilievre argued in public during his press conference to have been blacked out, are largely related to cabinet confidences, which, again, this committee didn't ask for. If this dispute is really about who was the appropriate person to make redactions between the parliamentary law clerk and the civil service, which has legislative obligations, it seems to be overkill that we're going to have the opposition insist that the disputed personal cellphone numbers of civil servants should be produced. It doesn't make sense.
Mr. Chair, if you don't believe me with respect to the cabinet confidences being redacted—and that's, in fact, what was in those big pages that had significant redactions—I'd invite you to check out page 219 of PCO's disclosure. It's a rather remarkable document in a lot of ways, considering its production. You'll see that the document, marked “Secret”, is labelled “Confidence of the Queen's Privy Council” and dated May 8, 2020, which I recall is the date of the cabinet meeting that formed the basis of part of the Prime Minister's testimony before this committee. It's entitled “Cabinet Scenario, Friday, May 8, 2020”. The following information was redacted. A synopsis of the meeting heading is there, and a significant majority of that page has been redacted.
The fact of the matter is that there are reasons that cabinet documents are redacted. If we park, for the moment, the idea that the committee specifically said that we don't want documents that are subject to cabinet confidence, even had we asked, it would be the convention in Parliament over hundreds of years that this document would properly be the subject of Crown privilege or cabinet confidence. The reason is that there are obvious decisions that are taken after discussion, which should be full and frank, and that cabinet ministers should be able to challenge one another in private to consider different ideas that relate to things like the development of Canada's vaccine strategy to ensure we're going to be able to access the earliest batches that are safe for Canadians to help protect them from COVID-19.
These documents could exist as a result of threats to our national security. In the present instance, the remittal letter indicates that no redactions were made explicitly on that basis, but cabinet also deals with matters and decision points that could move markets, and it would be important not to have that information in the public domain prematurely, for fear that it could compromise an important social, economic or environmental outcome.
There is a good reason these things are often not produced publicly, but in this case there is a trump card in that the committee specifically said that we don't want these documents. The government produced it anyway. This is what makes it remarkable, in my mind.
If you scroll to the bottom of the following page, there is information that was relevant to the Canada student service grant. This would ordinarily be subject to cabinet confidences, specifically on the cabinet agenda, but it was nevertheless disclosed. It says, “For the item on the Canada Student Service Grant, turn to Minister Chagger to provide an overview of her revised proposal”. It then describes some of the matters that were presented in cabinet surrounding the Canada student service grant, all of which would be relevant to the study, even though we didn't ask for it. Even though it is subject to cabinet confidence, it was nevertheless disclosed.
In addition to the description of what took place, PCO offered a comment. Clearly this document is beyond the scope of what the committee asked for, but it was produced anyway.
We know that because the remittal letter, which, again, is not on the evidentiary record, nor would the opposition have it be there, provides that important context. Now we know why we have this document, in part, and that the remainder of the document was not redacted to bury something secretly related to the program, but in fact it's a document that we didn't ask for and a document that in any event would be subject to cabinet confidence.
Mr. Chair, if I can continue, I'll draw your attention for the moment to.... The document number I'm looking at is 254. I'm looking at this lengthy disclosure. If the context for these documents is not going to be provided, I intend to go through a significant number of the redactions.