Evidence of meeting #13 for Government Operations and Estimates in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was witnesses.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Clerk of the Committee  Mr. Michel Marcotte
Michèle Demers  President, , Professional Institute of the Public Service of Canada
Don Burns  Vice-President, Professional Institute of the Public Service of Canada
Denise Doherty-Delorme  Section Head of Research, Professional Institute of the Public Service of Canada
Natalie Bull  Executive Director, Heritage Canada Foundation

9:10 a.m.

Conservative

Daryl Kramp Conservative Prince Edward—Hastings, ON

Quite honestly, Chair, I think this is beyond belief. We have had in this committee, and in any other committee I've been involved in over the years, many occasions where witnesses have not been available on a short-term basis. If there was a wilful intent to avoid the committee, then by all means that is the purpose of a summons.

If you take a look at a legal justification of a summons, a summons is intended, obviously, for the purpose of demanding attention when there's been a wilful abeyance of a request. We are really overstepping our bounds here. We've had a number of occasions when witnesses were not available on one or two days' notice. There has to be a sense of reasonable balance in this committee.

I really think this flies in the face of common courtesy, let alone respect for the values and principles that this committee holds true. This committee is not a kangaroo court. It should be a committee to hear people—not at leisure, but where is the balance between mandating that we run almost a Gestapo-like process here or do it in a Canadian way, where there's a little bit of tolerance and respect and courtesy and understanding?

With the greatest respect to my colleagues who are putting forth a motion such as this, I see no reason for it. If we have a wilful predisposition of these witnesses to avoid coming, that's one thing. Then quite frankly, regardless who those witnesses are, I'd say let's summon them, by all means. How many times have we called witnesses, whether ministers or deputies or private people, who have not been able to come on that day? Obviously we would go back to another day or try to have some form of level of convenience whereby we try to work with people.

This is an affront to a willingness to work with everybody. I see nothing to be gained from issuing a summons. To me it's a clear breach of our responsibilities at this time. We have to know the difference between doing what is right and fair and stepping over the bounds. To me, this is totally stepping over the bounds.

If the clerk came to this committee and said, we've contacted these people, but there's obviously an unwillingness to appear at a certain date, and the clerk indicated from the conversation that there was either a demeanour or an attitude, or simply “excusitis”, then that is not an excuse, and I think we then have an obligation to treat it as not being one.

In this case, the clerk has reported that he had given, of course, very short notice—simply a day or two. How many of us can appear automatically sometimes on a one- or two-day notice? It can be difficult.

I think this is a reasonable request, to simply put it off for that week. If at that particular point the clerk contacts these people and they're not available again with a lengthy period of advance notice, then I think we have every reason and every right to put more than expectations, but realistic demands on these people from this committee.

At this particular point, Madam Chair, I almost think you should declare this motion not acceptable, because it flies right in the face of the normal dealings of this committee. I think it's a little too much, at this point, to expect that. I'm rather disappointed in my colleagues that they seem to want to read something into everything.

That's all I have to say at this point.

9:15 a.m.

Liberal

The Chair Liberal Diane Marleau

Perhaps the clerk could tell us what the results were when he spoke to a number of these people. That may enlighten us when it comes to deciding whether we want to pass this motion or not.

Would you mind, Mr. Albrecht? You're the next speaker.

9:15 a.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

I wouldn't mind, but I think in fairness he has already indicated within a certain timeframe. I think he said 11 o'clock to 11:15, or whatever it was. He indicated none of them was available today, but he also indicated that on February 28, I believe it is, they will be available; they've given him that word. This, to me, is just a very unfortunate development for this committee.

With respect, I would request my colleague to withdraw this motion.

9:15 a.m.

Liberal

The Chair Liberal Diane Marleau

Thank you.

Mr. Warkentin.

9:15 a.m.

Conservative

Chris Warkentin Conservative Peace River, AB

Madam Chair, I think it has probably now been talked out. Maybe the clerk can provide us with some information in terms of his impression as to whether we can expect these people to show up on February 28 or not.

9:15 a.m.

Liberal

The Chair Liberal Diane Marleau

Mr. Clerk.

9:15 a.m.

The Clerk

In order, Mr. Dimitri Soudas could not be present today for family reasons that I thought were quite legitimate. As to February 28, he told me he might be available if the other witnesses were present. Mr. Housakos, whom I finally reached late yesterday afternoon, first wanted to meet with his lawyer and expressed the wish to be accompanied by him. He would be present on the 28th, if that were the committee's wish.

As for Mr. Michael Fortier, I spoke to the departmental liaison officer and to his legislative assistant, Mr. Christopher Hilton. Mr. Fortier clearly was not available this morning because there is a Cabinet meeting. However, despite my numerous requests, no one was able to tell me whether the minister would be available on February 28. Mr. Frédéric Loiselle could not be present this morning. However, he was the first to offer, very early on moreover, at 1:30 p.m. on Tuesday, to come on February 28. So he's available.

Mr. Rosenberg is in New York today and could not be here. However, he would be available on February 28, if he has enough time to prepare. Mr. Lemieux, who is Mr. Rosenberg's lawyer—he is not necessarily a Rosdev employee—wanted to talk about terms and conditions with his client, Mr. Rosenberg. Mr. Lemieux would therefore also be available on February 28.

9:15 a.m.

Liberal

The Chair Liberal Diane Marleau

Mr. Warkentin.

9:15 a.m.

Conservative

Chris Warkentin Conservative Peace River, AB

Did you get any impression, Clerk, that anybody was unreasonably trying to avoid committee?

9:15 a.m.

The Clerk

No. I sensed a certain reluctance on the first day, which quickly faded yesterday, following articles that appeared in the newspapers. People understood that the committee's request was serious. The first impression quickly dissipated. As I said, there's only Minister Fortier for whom there was no offer to appear on February 28. I have received no answer to that repeated offer. Obviously, we can't summon a senator to appear.

9:15 a.m.

Conservative

Chris Warkentin Conservative Peace River, AB

I've been informed that the minister has confirmed that if he's requested he'll be here.

Madam Chair, I guess what it comes down to is the issue of optics and politics. I don't think anybody wants to be summoned. We gave folks maybe a day and a half's notice. I suspect that most people would consider it reasonable that people had things in their schedule that didn't allow them to be here. For the purpose of maintaining these people's good names, I think it's the decent thing not to summon them but simply request that they come to show themselves before this committee. I see no indication that anybody is trying to run or avoid the committee at this point.

I would ask that either the motion be withdrawn or that members vote against the motion.

9:20 a.m.

Liberal

The Chair Liberal Diane Marleau

Once a motion is put forward, it cannot be withdrawn when it's moved on the floor like this, but it can be defeated.

9:20 a.m.

Conservative

Chris Warkentin Conservative Peace River, AB

It can, with unanimous consent.

9:20 a.m.

Liberal

The Chair Liberal Diane Marleau

Can you do it with unanimous consent?

At any rate, we'll go with Mr. Angus while the clerk looks that up.

February 14th, 2008 / 9:20 a.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Thank you, Madam Chair.

My concern is that we've asked a number of people to come forward, and we've given them a very short window of time. I see, after one meeting, how people couldn't get here because we insisted that they be here within two days. There's no indication that they are hostile witnesses.

I think we have to be very careful about what we're doing with this committee. This is not a kangaroo court. People's reputations are at stake just by coming to this committee, and we have to be careful with that. Unless we have a sense that people are wilfully dragging their feet and refusing to come--and I have been at committees where we have had to summon because there has been a refusal.... If there is no indication that they couldn't make it on two days' notice from wherever they are in Canada to be here, and so we have to summon them, it sends the message that we think they've done something wrong.

I think we need to establish a professional tone at this committee to show that we are asking people to come forward in good faith, that we are asking to hear their testimony. And if there's anything that leads us to further discussions out of that testimony, we'll move forward. At this point, I think it would set a very unprofessional tone for this committee if we summoned people based on the fact they couldn't be here by Thursday after being asked on Tuesday.

9:20 a.m.

Liberal

The Chair Liberal Diane Marleau

Thank you.

By the way, the clerk informs me that with unanimous consent this motion can be withdrawn, if that's the wish of the committee. Otherwise, it has to be voted down.

Madame Folco.

9:20 a.m.

Liberal

Raymonde Folco Liberal Laval—Les Îles, QC

Thank you, Madam Chair.

I wonder whether a compromise wouldn't be possible. I'm not making that a proper motion yet. This is simply an idea that I'm putting to the members of this committee. The idea would be to pass a motion enabling us to depart from the last motion that we introduced at the start of the week. You'll remember that we passed a motion on all the dates. So it seems to me that the committee is required to hold these kinds of meetings on the dates that it agreed to through a motion.

I suggest that we introduce a motion not to summon the witnesses legally, but to ensure that the committee can legally discuss this matter with the witnesses on the 28th. That would be a somewhat abrupt way of summoning them, as the opposition members say. What is important is that I ensure that, on the 28th, no one anywhere says that we passed a motion last week stating that we had to discuss something else on the 28th.

9:20 a.m.

Liberal

The Chair Liberal Diane Marleau

We're discussing Ms. Bourgeois' motion.

Ms. Bourgeois.

9:20 a.m.

Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

Since this is my motion, I'd like to speak to it.

In my opinion, a summons to appear can be very legal and formal, but it can also be a letter inviting witnesses.

Clerk, you spoke to the witnesses by telephone. They told you that they could be here if the others were as well; one other witness said that he would discuss the matter with his lawyer and that he would see. So we have no assurance that certain witnesses won't let us down in the next two weeks. I want us to be sure that the witnesses who said they are available appear before the committee.

I want to trust people. In my view, everyone is beautiful, everyone is nice, except when they don't all react in the same way. I don't want the witnesses to withdraw following certain reactions or discussions. On the one hand, I want to summon them, and on the other hand, I want us to ensure that we have changed the agenda concerning our meeting schedule.

9:25 a.m.

Liberal

The Chair Liberal Diane Marleau

The motion you're introducing is very harsh, Ms. Bourgeois.

Does someone want to amend the motion for—

9:25 a.m.

Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

— for it to be nicer, gentler? I'm prepared to change it. For example, let's send the witnesses a letter. I don't know whether that's done. I don't know how we can make sure we don't waste our time here on the 28th.

9:25 a.m.

Liberal

The Chair Liberal Diane Marleau

Anybody can propose an amendment to her motion, by the way. If you want to change the language of the motion, somebody has to move a motion.

Mr. Warkentin.

9:25 a.m.

Conservative

Chris Warkentin Conservative Peace River, AB

I make a motion that this current motion be withdrawn from the table and that we amend the motion we made in the last meeting, where we had the dates and the times. So it's simply an amendment of what we did in the last meeting. I would request that this motion be withdrawn. I would propose that. If there's unanimous consent, we can do that. And then we'll amend the motion that includes the dates, the times, and the places of the previous meeting.

9:25 a.m.

Liberal

The Chair Liberal Diane Marleau

Ms. Bourgeois, do you agree for us to withdraw your motion and to amend the motion that was adopted at the last meeting?

9:25 a.m.

Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

An amendment to the motion concerning—