Evidence of meeting #70 for Government Operations and Estimates in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was redacted.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Matthew Shea  Assistant Secretary to the Cabinet, Ministerial Services and Corporate Affairs and Chief Financial Officer, Privy Council Office
Michel Leduc  Senior Managing Director and Global Head, Public Affairs & Communications, Canada Pension Plan Investment Board
Michel Bédard  Interim Law Clerk and Parliamentary Counsel, House of Commons
Bill Matthews  Deputy Minister, Department of National Defence
Christiane Fox  Deputy Minister, Department of Citizenship and Immigration
Mairead Lavery  President and Chief Executive Officer, Export Development Canada
Mollie Johnson  Acting Deputy Minister, Department of Natural Resources
Erin O'Gorman  President, Canada Border Services Agency
Isabelle Hudon  President and Chief Executive Officer, Business Development Bank of Canada

4 p.m.

Conservative

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

Mr. Chair, if I have a question for the witness, I'll direct one to him, but if he wants to interrupt, I'd encourage him to run for Parliament. At that point, he might have the opportunity to learn a little bit about the powers of Canada's Parliament to send for persons and papers, which were just clearly articulated by the parliamentary law clerk.

Sir, the redactions that have been offered by the PCO and other departments are absolutely ridiculous. This committee agreed to take these documents, receive them, review them in confidence and then make any redactions that were necessary.

To claim that McKinsey is the one that requires the documents to be redacted, when it has furnished the committee with all of its documents in an unredacted fashion, puts you at odds with the very same organization that you're professing to protect.

In fact, it appears like there is political coordination by the Prime Minister's Office, through your department, to ensure that there is not compliance with the laws of this country. How can you explain, other than the ministers' giving their departments direction to defy the law? How can you justify what other rationale you have arrived at that gives you the right to disregard the absolute authority, the legal authority, the constitutionally tested authority, for the documents that have been requested of you to be tabled with this committee?

That was a question.

4 p.m.

Assistant Secretary to the Cabinet, Ministerial Services and Corporate Affairs and Chief Financial Officer, Privy Council Office

Matthew Shea

I can only speak for the PCO, and the PCO has received no such direction. We have followed the standards and protocols that we always follow.

In the case of these documents, of the 280 pages, we have two paragraphs that were redacted, and that was for cabinet confidence. In the original documents that we provided to you, we redacted additional information that was commercial confidence related to McKinsey and two instances of personal information related to those who signed the contract.

Subsequent to McKinsey's providing its documents, we unredacted that portion. We also took the additional step of going to the two individuals to seek their permissions to unredact those portions. That is something that we have the ability to do. In the absence of their permissions, we would have kept those redacted.

4:05 p.m.

Conservative

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

I find it interesting that you seek the permission of third parties and take that as instruction when the House of Commons has legally instructed you to produce the documents and you refuse to. This is a serious problem. The erosion of trust that this creates, that Canadians cannot trust government when government refuses to do what the people who are elected to represent them have asked to be executed on, when it is legal and reasonable for it to be done—and your department refuses because your department says they know better—is unacceptable.

You said that you don't speak for the other departments, but you came here today, sir, offering statements on behalf of all but one other department. That's why you're receiving my questions, as the spokesperson—

4:05 p.m.

Conservative

The Chair Conservative Kelly McCauley

I'm afraid that is your time, Mr. Barrett.

4:05 p.m.

Conservative

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

The minister responsible for your department is who?

4:05 p.m.

Assistant Secretary to the Cabinet, Ministerial Services and Corporate Affairs and Chief Financial Officer, Privy Council Office

4:05 p.m.

Conservative

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

It's the Prime Minister. You're here on behalf of the Prime Minister.

4:05 p.m.

Conservative

The Chair Conservative Kelly McCauley

Mr. Barrett, that is your time. Thanks very much.

Mr. Jowhari, please, you have six minutes.

4:05 p.m.

Liberal

Majid Jowhari Liberal Richmond Hill, ON

Thank you, Mr. Chair.

As my colleague has indicated, Mr. Shea, it looks like you are now speaking on behalf of at least the group that's been here, excluding Mr. Leduc. Naturally, you can sense the frustration within our committee. We are frustrated, we are somewhat confused and we are disappointed.

We are frustrated, because we've asked a number of times, through verbal and other communication, for what specifically we are asking the departments to provide. We are also frustrated when we see that McKinsey is providing all unredacted documents, yet we are challenged with being able to get the same level of information from our own departments. We're confused, as we are hearing two sides of the interpretation, at least, one by the parliamentary law clerk and the other one by you—I'll provide an opportunity to you shortly—of the authority that the committee has. We're disappointed, because now we're investing at least two meetings over something that we believe could have been avoided.

Before I direct my line of questioning to you, sir, there was a question on whether you were directed by anyone specifically in the Prime Minister's Office to not provide any documents or to provide unredacted documents. I think you said no, but I just want to quickly go around the table on that and get a quick yes or no.

I'll start with you, Mr. Matthews.

4:05 p.m.

Bill Matthews Deputy Minister, Department of National Defence

Thank you, Mr. Chair.

No direction was provided to me from the political side.

4:05 p.m.

Liberal

Majid Jowhari Liberal Richmond Hill, ON

Mr. Leduc...?

4:05 p.m.

Senior Managing Director and Global Head, Public Affairs & Communications, Canada Pension Plan Investment Board

Michel Leduc

None at all.

4:05 p.m.

Liberal

Majid Jowhari Liberal Richmond Hill, ON

Madam Fox...?

4:05 p.m.

Christiane Fox Deputy Minister, Department of Citizenship and Immigration

No direction was provided to me either.

June 5th, 2023 / 4:05 p.m.

Mairead Lavery President and Chief Executive Officer, Export Development Canada

No direction was provided to me.

4:05 p.m.

Mollie Johnson Acting Deputy Minister, Department of Natural Resources

No.

4:05 p.m.

Erin O'Gorman President, Canada Border Services Agency

No direction.

4:05 p.m.

Liberal

Majid Jowhari Liberal Richmond Hill, ON

Okay. Thank you very much.

I think you're going to hear our sense of frustration, but let's talk about the confusion. You talked about the 220,000 pages, by the time we are done, that will be translated, hopefully properly, in both languages and that will be made available to us at some level of unredaction. I think there's still some hesitancy, despite all this, to submit documents with...the unredacted documents.

Can you help us solve that confusion, probably starting with the different point of view you had around the interpretation of the Supreme Court? You kind of talked about 2010 and the Supreme Court. Can you help us here? I'm definitely confused. I don't know about my colleagues, but probably it would help to at least get something on this.

4:05 p.m.

Assistant Secretary to the Cabinet, Ministerial Services and Corporate Affairs and Chief Financial Officer, Privy Council Office

Matthew Shea

I'd first say that it's not my view. It's the view of successive governments. It's not just the current government. It's governments that have come before them. As I mentioned, in 1973, there were principles tabled governing the production of documents. We certainly use that as one of the criteria in terms of what can and cannot be shared.

I think it's worth noting that this was re-evaluated in 2010 by the previous government, and the same outcome was a tabled document that made clear you can exclude legal opinions, personal information, cabinet confidences and solicitor-client privilege and that type of thing, which we have consistently done across all departments.

We're also guided by “Open and Accountable Government”, which is something that every prime minister in recent years has had to guide ministers and to guide the public service. I would read to you a passage from that, if I may:

Public servants also have a duty to hold in confidence some of the information that comes into their possession in the course of their duties. There is a tension between that obligation and the request of parliamentarians for disclosure of that same information. When appearing before parliamentary committees, public servants should refrain from disclosing that kind of confidential information, for instance because the information is confidential for reasons of national security or privacy, or because it consists of advice to Ministers. Accounting officers should not disclose confidential information, including advice to Ministers, even where that information pertains to matters of organizational management. In practice, officials should endeavour to work with Members of Parliament, in cooperation with Ministers and their offices, to find ways to respond to legitimate requests for information from Members of Parliament, within the limitations placed on them.

4:10 p.m.

Liberal

Majid Jowhari Liberal Richmond Hill, ON

Thank you for that.

When we receive unredacted documents from McKinsey, there should be a distinction drawn between what is, let's say, the departmental content relevant to that contract, because it may not have some of the cabinet confidential information and that's where.... Am I hearing you correctly that this is where some of these redactions are coming from?

4:10 p.m.

Assistant Secretary to the Cabinet, Ministerial Services and Corporate Affairs and Chief Financial Officer, Privy Council Office

Matthew Shea

The redactions we based on commercially sensitive information. It's not the complete contract. It's sections. I can only speak for our department. We redacted banking information related to McKinsey and the signatories of the contract. That was the extent of what we redacted.

4:10 p.m.

Liberal

Majid Jowhari Liberal Richmond Hill, ON

Thank you.

4:10 p.m.

Conservative

The Chair Conservative Kelly McCauley

Thank you, Mr. Jowhari.

We have Ms. Vignola, please, for six minutes.

4:10 p.m.

Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Thank you, Mr. Chair.

As we know, Canada is a country with two official languages, English and French. A number of people have taunted us—when I say “us”, I mean francophones—, saying that if it is a bilingual country we should speak English. When I see documents translated from English into French, I wonder whether we are truly a bilingual country. In a truly bilingual country, an anglophone and I, a francophone, could converse in our respective languages and we would understand each other. I can understand someone speaking English. Unfortunately, the opposite is not as often true.

The same thing goes for written information. The majority of the documents I read seem to have been written in English and translated into French. I say they have been translated, but actually they are a mess. It is enough to make me cry, in some cases. Let me give you an example. This does not pertain to anyone here, but it is quite striking. The phrase “deep dive analysis” is translated as “analyse en plongée”. I don't know how many of you can conduct an analysis while scuba diving, but I can't. That's a stupid example, but I have seen similar errors in countless documents.

As to Canada Post, the letter we received, Ms. El‑Hage, refers to a “neuronal translation tool”. I assume that is probably artificial intelligence or some kind of technology. To date, however, no technology has ever been able to achieve the same degree of accuracy as a translation produced by a human. To my mind, the best neuronal tool is still the brain, specifically, the human brain.

We are asked to make concessions. Given my first language, however, that means that I have to open both documents and constantly analyze the content in both languages to make sure I understand.

Those are the kinds of translations we have received. Some are good, while others, such as the example I gave, are enough to make you roll around on the floor. Depending on your personality, either you fall over laughing or you feel like curling up in a corner and crying.

If we ask for unredacted documents, it is not out of personal interest. I am not interested in reading 220,000 pages provided by public servants and 97,000 pages from McKinsey. I have four children; I have a family. I would simply like to understand. I understand that there is some sensitive information that people do not want to disclose, such as names and telephone numbers, but that is not what we are asking for. We want to know what kind of advice McKinsey provides and what its purpose is. We want to know who is making the decisions: is it McKinsey, another consulting firm or our public servants? Getting advice is fine, but at some point when it seems that every piece of advice given to the House of Commons comes straight from McKinsey, we are entitled to ask some questions and get answers.

I am not trying to rake you over the coals, but rather to make you recognize the importance of balance and equality between the two languages. If Canada is a bilingual country, documents must be written in both languages from the start. We cannot set aside part of the population and tell them to learn English if they want information. Anglophones rarely get that kind of reaction.

In your remarks, Mr. Shea, you said you wanted to respond to the committee's request and that translation into both official languages was a priority. You said that on behalf of everyone here. Of the 280 pages provided by the Privy Council Office, I understand there are still two paragraphs.

As for the others, if it is a priority, how important is it for us to receive documents that are properly translated, without part of the population, which is also entitled to information, having to make concessions?

4:15 p.m.

Deputy Minister, Department of National Defence

Bill Matthews

I would like to say two things.

Regarding National Defence...