Evidence of meeting #98 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 investigation.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Erin O'Gorman  President, Canada Border Services Agency
John Ossowski  As an Individual

1:05 p.m.

Conservative

The Chair Conservative Kelly McCauley

Good afternoon. I call this meeting to order.

Welcome to meeting number 98 of the House of Commons Standing Committee on Government Operations and Estimates, also known as the mighty OGGO or the only committee that matters.

Pursuant to Standing Order 108(2) and the motion adopted by the committee on Monday, October 17, 2022, the committee is meeting on the study of the ArriveCAN application.

I would remind those here in person to not put their earpieces next to the microphone, as it causes feedback and potential injury to our very valued interpreters.

We have two witnesses today.

Welcome back, Ms. O’Gorman and Mr. Ossowski. I understand you both have opening statements.

We'll start with you, Ms. O’Gorman, for five minutes, please.

1:05 p.m.

Erin O'Gorman President, Canada Border Services Agency

Good afternoon.

When I appeared before the committee in October, I talked about the internal investigation that I initiated following receipt of allegations of misconduct and the referral made to the RCMP.

On December 19, I received a preliminary statement of fact from the internal CBSA investigation. A preliminary statement of fact is not a conclusion and does not reflect all of the information, including from respondents; it's relevant documentary evidence collected to date in the course of an investigation.

As laid out in my correspondence to you, these packages contained documents that fit the parameters of material that you requested in October. As such, they were translated and provided to you.

The emails that you were provided are also relevant to testimony you received in previous meetings. Specifically, they show that the Botler chatbot was not the result of an unsolicited proposal and that there was a pattern of persistent collaboration between certain officials and GC Strategies. They show efforts to circumvent or ignore established procurement processes and roles and responsibilities.

I need to say at this point that the investigation remains ongoing. Ideally, it will be further informed by information and interviews from key individuals who have been requested to speak to the investigators. I am trying to balance my knowledge of information that you have been seeking against the integrity of the investigation or, in other words, I am trying to respect both due process and Parliament.

Public servants and the employees of the CBSA need to have confidence in our disciplinary processes and the internal investigations that support them. Parliamentarians should know if information that is provided to them is unsupported by facts.

The conclusion of our work internally will provide the clarity we need to formulate more comprehensive and further actions going forward, if necessary.

As I testified at my previous appearance, I have already implemented changes in how the agency manages and oversees procurement. Better controls and oversight have been put in place, including having those with procurement authority in headquarters retake their training, having a senior committee review every task authorization and centralizing procurement responsibilities within the organization. These controls will be calibrated over time and with a fuller understanding of what happened and why.

They will be informed by upcoming audits of the Auditor General and the procurement ombudsman. They will also be informed by the internal review that is ongoing with respect to contracts and documents associated with ArriveCAN.

I would like to assure you that my team is working full out to provide you as quickly as possible with the over 30,000 pages of information that you have requested from the CBSA in the course of your study.

We have provided six packages of translated records. Translation on the remaining material is ongoing. I will continue to send bilingual packages as they are completed.

In closing, while we still don’t know everything, what we know is not okay. I am concerned and I want to get to the bottom of it. I must emphasize how critical it is that the CBSA maintains the confidence of Canadians as we carry out our important mandate.

The situation should in no way dishonour the dedicated employees and frontline border service officers across the country and around the world serving Canadians day in, day out, with professionalism and integrity. I am focused on not letting that happen.

1:10 p.m.

Conservative

The Chair Conservative Kelly McCauley

Thank you, Ms. O'Gorman.

Mr. Ossowski, welcome back. You have five minutes.

1:10 p.m.

John Ossowski As an Individual

Thank you for the opportunity to appear today.

We are approaching four years since these events unfolded, so I'm relying on the best of my recollection, on what the agency has provided me, and on my review of the testimony from previous meetings.

I'd like to take this opportunity to clearly lay out the facts as I remember them. If the committee has other relevant information it wishes to share with me, I hope it will do so. I'd be happy to review it and get back to you.

I'm going to begin by reminding the committee of the exceptional circumstances we found ourselves in during March 2020. We were shutting down the largest unprotected border in the world while trying to ensure that critical supply chains remained functional for the essential trade of food, medicine, PPE, etc. We had repatriation flights for Canadians returning home, and we had to manage immigration issues with the United States. We had to manage fear and uncertainty in our own workforce while ensuring the integrity of our frontline operations. Coordinating this with our U.S. counterparts and supporting the government in this historic time were my priorities.

ArriveCAN helped us administer the pandemic border measures, but I relied on my officials to deal with the procurement details.

I will now turn to a few points made by Mr. MacDonald during his testimony regarding Deloitte and the vendor selection process.

With respect to comments he made about the CARM contract with Deloitte, I have reviewed my business records and offer the following context.

On March 14, I received an email from the senior partner at Deloitte offering to help in any way they could with our challenges during the pandemic. I immediately passed this along to several of my vice-presidents. The vice-president of the CARM project replied that while Deloitte had cleared people who knew our systems, they were already stretched on the CARM project. This is the best evidence of the true state of play with Deloitte—clearly not a penalty-box issue. I will emphasize that all of my business records clearly show a cordial and business-like relationship with Deloitte. All I can say is that we were all working with Deloitte to make sure that the CARM project was a success.

With respect to Mr. MacDonald's statement that VPs were told not to use Deloitte, I have no recollection of providing this direction. I asked a few members of my former executive team if they recalled this, and they don't. In fact, one of them said that they would have objected if I had said that, as Deloitte was working on other contracts within the agency at the time and there were no issues. My understanding is that Deloitte has continued to work with the agency. To be clear, a deputy minister has no authority to ban a firm unilaterally. No one was in the penalty box, and there's no evidence to support this.

I'll now focus on a few days following the request from the Public Health Agency that I received on March 22, 2020, to look into an app. I immediately forwarded this request to my CIO, Mr. Doan, as well as to my vice-president of the travellers branch. Four days later, on March 26, Mr. Doan shared simple mock-ups of what the application could look like with me and my executive vice-president.

The committee will have seen two relevant meetings in my calendar at this time. One was on March 26 at 10 a.m.; I had a teleconference with Mr. Doan and my executive vice-president where he showed us the mock-ups. At 10:43 a.m. that same day, I forwarded those simple mock-ups to the DM of health and to the president of the Public Health Agency. On March 27, we had another meeting to discuss issues raised by those same DMs. To be clear, at this point, no one could have envisioned how many versions and releases of the app there would be, nor its cost.

I have reviewed my business records during this time period, and I have not been able to find any emails from Mr. Doan or anyone else regarding the vendor selection options developed by Mr. MacDonald or Mr. Utano. The agency has confirmed this to me as well.

I have no recollection of being asked for my opinion on Deloitte or any other potential vendor as part of the ArriveCAN procurement. Speed was of the essence as airports were slowing down with the paper-based process and provinces were demanding better data. I was relying on my vice-presidents for their best advice on how to manage the situation.

While I haven't seen any of the documents involved, Mr. Doan's testimony states that he was provided a choice between a fully outsourced Deloitte solution or an option to augment our existing capabilities. Mr. Doan testified that, for a variety of reasons—such as using the CBSA cloud versus a private sector cloud, speed and agility—the staff augmentation was the preferred approach. This choice makes sense to me, especially considering the legal and privacy issues involved.

Given what I have stated, the choice appears to be a rational, business-based decision and has nothing to do with the CARM project. If the committee has different information in its possession, then I'd be happy to review it.

To this day, I remain exceptionally proud of how the CBSA responded to the pandemic, and I hope that these current matters don't diminish the efforts of the many thousands of CBSA employees who served Canada during this unprecedented event.

I'm happy to answer any questions.

1:15 p.m.

Conservative

The Chair Conservative Kelly McCauley

Thank you, Mr. Ossowski.

We'll start with Mrs. Kusie for six minutes, please.

1:15 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Thank you, Chair.

Thank you to our witnesses for being here today.

Imagine this: You are a public servant. You are someone who has made the decision to help your country. I personally made this decision as a member of the Canadian foreign service. You swear that you will act in your best possible capacity for the best interests of this country.

Now imagine that the worst situation for your nation occurs since wartime—a pandemic—and you are forced to make the best possible decisions that you can in your position for your nation with the information that you have. You do your best. You navigate the system, but things go wrong. The application you were working on ends up being a $54-million boondoggle, a stain on the government, which is already neck deep in boondoggles. It's another instance of possibly unethical behaviour by this government, and certainly incompetent behaviour by this government, and a definite lack of oversight. You tried your best, because you were a public servant.

The stress of the investigation of this $54-million boondoggle gets to you, so you go on medical leave. You think things can't possibly get worse, but they do get worse. They got worse for Cameron MacDonald, who was a director general at CBSA, and Antonio Utano, who was an ADM at the Canada Border Services Agency. Things got worse for them after coming here and giving what they believed was truthful testimony, their heartfelt testimony, to speak truth to power, to speak truth to Canadians, when they were suspended. They were not only suspended; they were suspended without pay. For what reason? They claim that they were misled by senior CBSA officials, that they were intimidated, that this was retaliation, that this was an attempt to muzzle them and that this was CBSA's opportunity to use them as scapegoats. There were no allegations, no details and no evidence. What they did receive were threats that decisions would be made if they were not compliant.

Ms. O'Gorman, I'm here to ask you this today on behalf of Mr. MacDonald, Mr. Utano, public servants everywhere and Canadians: Why were Mr. MacDonald and Mr. Utano suspended without pay?

1:15 p.m.

President, Canada Border Services Agency

Erin O'Gorman

CBSA is conducting an internal investigation. Neither of those individuals work for the CBSA right now—

1:15 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Ms. O'Gorman, why should we believe anything you say today, these canned speaking notes, when both Mr. MacDonald and Mr. Utano have stated that they were misled by senior CBSA officials as to who even chose ArriveCAN? This committee has found you not having spoken the truth to this committee before. There's no reason that we should believe this.

Can you tell the committee, then, what evidence you have of Mr. MacDonald and Mr. Utano for their suspension? Can you share that, please?

1:15 p.m.

President, Canada Border Services Agency

Erin O'Gorman

I'm not using speaking points, and I don't believe I have been informed of not having told the truth to this committee.

I did not take those actions. They don't work for me.

1:15 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Well, we would like to know what evidence you had. That was my question.

As well, their legal fees were being paid until this point of their suspension. Now they are no longer being paid. Why did you suspend paying their legal fees?

1:15 p.m.

President, Canada Border Services Agency

Erin O'Gorman

The preliminary statements of fact were provided to their deputy heads. I took decisions that were consistent, that are consistent, with the Treasury Board policy on legal fees.

1:15 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

This information isn't providing any new information to us, Ms. O'Gorman.

Is this the type of treatment that CBSA whistle-blowers can expect in the future? Is this the type of treatment that public servants can expect in the future?

The CBSA was also made to know of threats against Mr. MacDonald by Mr. Doan. Can you tell us what steps you took to protect Mr. MacDonald from facing negative reprisals from higher-ups, please?

1:20 p.m.

President, Canada Border Services Agency

Erin O'Gorman

I heard that testimony here. There are processes and systems in place when somebody believes they've been subject to harassment. I'm trying to conclude an investigation. My interest is understanding what happened. I don't understand—

1:20 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

You have an opportunity to speak the truth to people here today. Just tell us and tell Canadians: Why were they suspended without pay? Share that with everyone.

1:20 p.m.

President, Canada Border Services Agency

Erin O'Gorman

I did not take that action and it's not for me to talk about. Their deputy heads took that action.

1:20 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Mr. Ossowski, there are accusations that the public safety minister at the time wanted someone's head on a plate.

How involved was that minister in the building of ArriveCAN, and how involved was that minister's office in covering up the misconduct connected to the development of the ArriveCAN app?

1:20 p.m.

As an Individual

John Ossowski

Those comments occurred after I retired.

1:20 p.m.

President, Canada Border Services Agency

Erin O'Gorman

I can speak to that.

1:20 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Go ahead, Ms. O'Gorman.

1:20 p.m.

President, Canada Border Services Agency

Erin O'Gorman

The minister of public safety was informed by me that we were launching an investigation. He expressed concern over the nature of the allegations and he indicated that he expected me to deal with any gaps that they showed, to go forward with the investigation and to let him know if there was any pertinent information that he should be aware of.

He never said he was looking for anybody's head on a platter.

1:20 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

We were also advised—

1:20 p.m.

Conservative

The Chair Conservative Kelly McCauley

I apologize. That is our time, Mrs. Kusie.

Ms. Atwin, we'll go over to you for six minutes. Welcome back to OGGO.

1:20 p.m.

Liberal

Jenica Atwin Liberal Fredericton, NB

Thank you very much, Mr. Chair.

It is good to see everyone. Happy new year.

Thank you so much to our witnesses for coming back to the committee today. The last time, you were in the hot seat as well, and it was a bit of a difficult conversation. It seems we're off to a similar start today.

Mr. Ossowski, you mentioned the importance of highlighting just how much work—as well as Ms. O'Gorman—the CBSA does for Canadians in protecting our borders. I really think it's important for us to separate what's happening here from this important and integral work that we have, as well as, of course, what CBSA officers endured during the pandemic, very much on the front line, in dealing with a lot of the pent-up anger and hostilities, even from community members who were just dealing with the uncertainties of that time.

I want to thank you for everything you've done and for providing your testimony for this very important study. We all want to get to the bottom of what occurred. I very much appreciate your opening statements.

I'm going to take us through, step by step, how we got to this place. It is perhaps quite repetitive at this point because, again, this has been quite an ongoing saga.

Ms. O'Gorman, I'll begin with you. Can you confirm again for the committee, just for complete clarity, when the investigation into this matter was first launched, as far as your role as president is concerned?

1:20 p.m.

President, Canada Border Services Agency

Erin O'Gorman

Sure. I received information and the allegations in the fall of 2022, and I provided them to our director general of security, who launched an investigation in November.

1:20 p.m.

Liberal

Jenica Atwin Liberal Fredericton, NB

Great. Thank you.

Of course, this investigation remains ongoing. Is that correct?