Evidence of meeting #34 for Health in the 43rd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was documents.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Clerk of the Committee  Ms. Evelyn Lukyniuk

11:25 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Thank you, Mr. Chair.

I know I missed the riveting discussion at the last meeting over these issues, so I'll try to be succinct.

Committees have extensive powers of production for a reason. I've sat through a number of Parliaments and seen various governments approach to control committees. I know that the present Liberal government, since they won the election in 2015, has pledged on a number of occasions to restore the historic position of committees to fulfill our very important mandate to act and operate independently, and to be masters of our own business and affairs.

It would seem to me that if we start falling into the practice of always excluding emails from production, it would be completely, ridiculously and patently easy for any government to effectively avoid accountability to committees by simply putting all the information that they want, that is sensitive, into email form. That's number one.

There is nothing...and it defeats the very purpose of the committee's power to produce and compel documents, just like we can compel and produce witnesses. I think we all, as committee members, regardless of political stripe, have to take our responsibility seriously with respect to these powers and not fall into a practice that effectively lets any government of any stripe avoid its transparency and accountability to committees. That's exactly what would happen if we let them go and not produce emails.

Number two, as I've said before, frankly, I think emails are among the easiest things to gather because there are search functions on computers. It's way easier to get emails by putting in key search words than it is to gather paper, which really does require sometimes a Herculean search process through Ottawa as a number of civil servants have to search files and desks, etc. So I don't buy the argument that emails are difficult to get.

Third, these motions we're dealing with here are dealing with targeted issues. This is not opening up the entire civil service to produce all their emails; it's about emails that are related to specific issues, the N95 mask issue and the medical devices. I can't imagine that there are thousands of these emails. We're talking about hundreds, or maybe dozens.

I'm going to speak in favour of this. I'm always going to speak in favour of transparency and accountability. I think the government—any government—has a valid point to be careful and vigilant to ensure that this very special process that committees have isn't abused and that it doesn't create true and authentic bureaucratic nightmares. But I don't see that in this particular case, so I'm going to speak in favour of this, and I hope all of my colleagues do. The fact that this information is being gathered, I think, speaks to Mr. Jeneroux's point that the government is already gathering most of this information.

Finally, we haven't yet spoken on redaction. I'm going to repeat now, and early, that I was extremely disappointed with the extensive redaction that occurred, by I don't know who, to documents that this committee had requested before. Frankly, it was insulting to committee members that we were denied the ability to see documents and to read them in their fulsome form.

There should be only three reasons for redaction: privacy, cabinet confidences and national security. The only person who should be doing the redaction is the law clerk, or perhaps the clerk of this committee. I'll foreshadow what I anticipate will be the next amendment by the government, which is to try to restrict the information to ATIP or something else that has many, many criteria to it that I'm not even sure about. However, I've done enough ATIPs in my time to know that you get documents that come back with more black than you have words in them, and that defeats the purpose of holding the government accountable as well.

I'm going to speak in favour of the motion as it's currently written, and I urge my colleagues to do so.

Thank you.

11:30 a.m.

Liberal

The Chair Liberal Ron McKinnon

Just to clarify, we're debating the amendment by Mr. Fisher to remove the emails, so if you're.... I take it from your discussion that you're opposed to this amendment.

11:30 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Yes, you take it correctly.

Thank you, Mr. Chair.

11:30 a.m.

Liberal

The Chair Liberal Ron McKinnon

We go now to Mrs. Jansen.

Please go ahead.

11:30 a.m.

Conservative

Tamara Jansen Conservative Cloverdale—Langley City, BC

As I said at the previous meeting, it's so important that we win back the trust of Canadians. I can tell you that I've been out in the community, and we've lost it. We've completely lost their trust, and when we decide that we're not going to allow emails, which everybody recognizes are good bits of information.... We need to have that kind of information to truly understand what happened, why science supposedly changed and so forth. The only way to do that is to have an honest opening of the books. Lay it all out there. Let people understand why the science changed. Let them see what happened. Why are we suddenly told we need to wear masks?

I'm just absolutely stunned at the anger in the community right now at people like us. We continue to not show truth. We continue to cover stuff up. If we cover it up and at the same time are destroying our economy, you can imagine that people are going to continue to be very upset. I'm begging you; we need to show that we're going to be fully transparent, as I understand was the obligation of this Liberal government, to become fully transparent. If we don't, we will lose the trust of Canadians, so I'm against this amendment.

11:30 a.m.

Liberal

The Chair Liberal Ron McKinnon

Thank you, Mrs. Jansen.

Dr. Powlowski, please go ahead.

11:30 a.m.

Liberal

Marcus Powlowski Liberal Thunder Bay—Rainy River, ON

Thank you.

First of all, let me say that I agree with a lot of what Mr. Davies said about transparency. Having worked a lot of years in a lot of developing countries, I certainly note that the world is inundated with Canadians who go to other countries to preach the importance of transparency and accountability; yet, you come back to Canada, and sometimes we don't seem to have the same enthusiasm for transparency and accountability in our own country. I fully appreciate and agree with the importance of transparency.

I am in favour, however, of the amended motion, which is to remove emails. I think it's because of the practicality. Certainly, the Department of Health is under immense pressure to do all kinds of things. I don't think there's ever been a time in our history when the department has been overworked like they are at the moment. There's just no end to the number of issues that they have to deal with. A lot of those things don't even come to our attention. There are things like ECMO. There are all kinds of medical issues and epidemiological issues that they're dealing with, and this, having to produce documents, takes them away from their other tasks.

Although I can appreciate that the number of documents, emails, may be limited, there are all kinds of motions. When you start adding them all up, it seems it's producing a lot of stuff. Emails, I think, too, may contain a lot of discussion about the provinces and what they are doing. I think that, when you're communicating with other members of government, you want to be honest as to your appraisal of the situation, but in doing so, you may be saying things that other levels of government, like provinces, may not really appreciate in your candour. I think there is reason to want to be a little prudent in what is released.

I, too, am foreshadowing. I think there will be other amendments to this, but the email limitation seems, to me, a reasonable one.

11:30 a.m.

Liberal

The Chair Liberal Ron McKinnon

Thank you, Dr. Powlowski.

We go to Mr. Van Bynen now, please.

11:30 a.m.

Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Thank you, Mr. Chair.

I agree, and I support the fact that we need to be seen to be transparent, but I do take issue with the statement that people have lost trust in their government. I make specific efforts to reach out to my constituents, and that's not what I'm hearing from my constituents. What I am hearing from my constituents is that they would like to have things go forward.

When it comes to the email issue, I think a number of those discussions would be covered by briefing notes and memoranda, and that would satisfy the information that's being sought as well.

I know that a statement was also made that it would be very easy to search your emails, but I think that in situations like this it's the text of the messages that would be the key item. You can't simply search by sender and receiver. I don't believe that any of this can be delegated to someone else. Back to one of the earlier points, we're taking people away from an important job, and that job is to deal with and to respond to what the community needs today.

I would be supportive of removing emails. Again, it's because I believe the briefing notes and the memoranda will satisfy the information that we're seeking, and it does not in any way infringe upon transparency. In fact, I think it's a matter that would undermine the trust of government to suggest there are things there that shouldn't be brought forward. I believe the information we need, the information we're seeking, is going to be available without including the emails, so I will be voting in support of that motion.

11:35 a.m.

Liberal

The Chair Liberal Ron McKinnon

Thank you, Mr. Van Bynen.

We go now to Mr. Kelloway, please.

11:35 a.m.

Liberal

Mike Kelloway Liberal Cape Breton—Canso, NS

Thanks, Mr. Chair.

MP Van Bynen said a lot of what I was going to say around emails. Certainly there is a search function that would be able to bring up a lot of emails at one time, but, again, it's a matter of going through them, and it is the individual who sends or has received the email. You can't delegate that to someone else. I make that point.

Let's put it on the table. Everybody on this Zoom is for transparency; everyone is for accuracy, but it astonishes me to a degree: Can we not be efficient? Can we achieve both? Clearly, that's not the case, and we'll be voting on that. I think Canadians are focused on transparency and accuracy, but also efficiency, so I will be voting for the amendment, obviously, going forward.

11:35 a.m.

Liberal

The Chair Liberal Ron McKinnon

Thank you, Mr. Kelloway.

Mrs. Jansen, please.

11:35 a.m.

Conservative

Tamara Jansen Conservative Cloverdale—Langley City, BC

I find it very interesting that Mr. Kelloway and Mr. Van Bynen suggest there's nothing in the emails to hide, and Mr. Powlowski says we might embarrass provinces by what's written in those emails. We're not about embarrassing people. We're not about trying to cover up for anybody. Especially with Dr. Powlowski's statement that there could be things in there that the provinces have made mistakes on, I think it's a very important thing to have those emails. If we want to protect Canadians going into the fall, going into the winter, we need to know what went right, and we need to know what went wrong.

I know that we all want to be transparent; we all want to be efficient. The way to do that is to allow these emails...especially with Dr. Powlowski's suggestion there are provinces that have made mistakes, and that will be evident in the emails.

11:35 a.m.

Liberal

The Chair Liberal Ron McKinnon

Thank you, Mrs. Jansen.

Is there any further discussion on this amendment?

Dr. Powlowski, I see that your hand is raised.

11:35 a.m.

Liberal

Marcus Powlowski Liberal Thunder Bay—Rainy River, ON

I feel compelled to say that I didn't necessarily say that the provinces made mistakes. I think the bureaucracy and people in the ministry ought to be open to discussing the management, and sometimes that may not be appreciated by other parties, like the provinces, the discussion of how they managed it. I didn't mean to say, and I don't think I said, that they necessarily made mistakes.

11:35 a.m.

Liberal

The Chair Liberal Ron McKinnon

Thank you, Dr. Powlowski.

Is there any further discussion on this amendment?

Ms. Sidhu, I see your hand up. Please go ahead.

11:35 a.m.

Liberal

Sonia Sidhu Liberal Brampton South, ON

Thank you, Mr. Chair.

We want to note, too, that the purpose of the motion is to get a full picture of the situation, and we respect that, but the briefing notes and the memos would satisfy the reason. As you know, the volume of emails is particularly large for the time period, and, as Mr. Jeneroux said, we want to know as soon as possible. We want to know, too, and we want to balance the transparency. We want transparency, too.

I am in favour of removing emails, for privacy purposes. The main purpose of the motion is solved with briefing notes and the memos. What we want to know, we can get the answer to, and we can carry on as soon as possible. I think it's reasonable to ask to remove emails.

Thank you.

11:40 a.m.

Liberal

The Chair Liberal Ron McKinnon

Thank you, Ms. Sidhu.

Is there any other discussion on this amendment?

Monsieur Desilets, please go ahead.

July 20th, 2020 / 11:40 a.m.

Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Thank you, Mr. Chair.

I sincerely apologize for earlier. I had some minor technical trouble.

Further to Mr. Fisher's amendment, I agree with removing the emails. We should move forward—

11:40 a.m.

Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Mr. Chair, I'm sorry, but I'm getting both the English and the interpretation equally, and it's hard to hear.

11:40 a.m.

Liberal

The Chair Liberal Ron McKinnon

Thank you, Mr. Van Bynen.

Monsieur Desilets, could you check on the bottom of your screen to see that you are on the French channel?

11:40 a.m.

Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

I'm on the French channel.

11:40 a.m.

Liberal

The Chair Liberal Ron McKinnon

Okay. Try your intervention again, if you wouldn't mind.

11:40 a.m.

Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

All right.

I'll start over.

I think what Mr. Fisher is proposing has some merit. I completely agree—

11:40 a.m.

Liberal

The Chair Liberal Ron McKinnon

I'm sorry, Monsieur Desilets, but the translation is coming through at a lower level on the English channel. It's coming down at a lower level than your voice in French, which is eloquent and beautiful, but it's hard to understand.

I wonder if the interpreters could verify if the set-up for the translation from French to English is correct.

Madam Clerk, please advise if that is adjusted.