Evidence of meeting #29 for Procedure and House Affairs in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was privileges.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

Good morning, everyone. I call the meeting to order.

This is meeting 29 of the Standing Committee on Procedure and House Affairs. This meeting is being held in public.

There are a couple of updates I want to give you. The meeting on Tuesday at 11 a.m. will be at the trailer, the one halfway up the hill from the Confederation Building to Centre Block. You'll get a notice from the clerk. We'll meet there at the regular time. They'll do a briefing, both safety and a briefing on the project. You'll put on all your safety clothes, etc., and then we'll do the tour. If people think there are more questions after that or if people want a further briefing or whatever, you can decide afterward if all your questions haven't been answered during the tour.

Go ahead, Mr. Richards.

11:05 a.m.

Conservative

Blake Richards Conservative Banff—Airdrie, AB

I would assume that should Parliament rise before Tuesday, the tour would not happen. Do we know—

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

That's a good question.

That'll be up to us. If Parliament were to rise before Tuesday, which would be wonderful, do people still want to continue with the tour or not? It's not an official meeting, so why don't we keep it on for those who are interested, especially those who live in Ottawa?

Is that okay? That's a good point you brought up, though.

11:05 a.m.

Conservative

Blake Richards Conservative Banff—Airdrie, AB

The only reason I asked is that I know some members will be here, and it would be great for those who are. Some who wouldn't be here would be disappointed, but I certainly think it would be okay to continue with it. Perhaps other people have different opinions. I don't know.

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

No one objects, so if Parliament rises, we'll still leave the tour on for those who happen to stay or go.

Go ahead, Mr. Reid.

11:05 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

I think Parliament will be sitting on Tuesday, but in the event we're not, may I suggest that we are the committee that monitors this on an ongoing basis, so doing another one in the autumn would be appropriate under any circumstances, frankly.

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

Go ahead, Mr. Graham.

11:05 a.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

That's a good point.

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

We'll keep on if the House isn't sitting, if members want to go.

I've mentioned to the parties that we have a letter that we should, out of courtesy, resolve before the summer. We'll distribute the analysis of it electronically to you and hopefully we'll deal with it before the summer somehow. That would be in camera, to protect the privacy of the person.

We will resume consideration of Mr. Richard's motion concerning the study of the question of privilege on Bill C-14. We're still on the same motion as in the previous meeting.

Seeing no hands, I will note that Mr. Schmale was in the middle of a long oratory that he hadn't quite finished and would like to continue. After that, Mr. Richards and Mr. Reid are still on the list.

Go ahead, Mr. Schmale.

11:05 a.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Thank you.

Mr. Reid, prior to the meeting, said that he liked where my arguments were going, but he just needed a bit more convincing, so I thought I should take this time to, hopefully, convince him.

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

You go ahead and convince Mr. Reid.

11:05 a.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Chair, I thought that was the only right thing to do.

11:05 a.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

Mr. Chair, I have a point of order. I'd just like to make sure that Mr. Reid lets us know when he's been convinced.

11:05 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Probably not until one o'clock. Just shake me, wake me up, and I'll let you know.

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

New historical precedents for us, Mr. Reid...?

11:05 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

They are old historical precedents, but they are newly discovered through my research—

11:05 a.m.

Conservative

Blake Richards Conservative Banff—Airdrie, AB

By the looks of all the paper in front of Mr. Schmale, he may not get the opportunity to share any precedents with us, because there's a lot of documentation that he appears to be ready to....

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

If you guys all leave, we'll send you an email when Mr. Schmale is finished.

11:05 a.m.

Some hon. members

Oh, oh!

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

Jamie, you're on. You have a lot of paper there, so we're excited.

11:05 a.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

I have lots of water, paper.... We'll see how we go.

Thank you, Mr. Chair.

To continue where I left off, we were talking about the importance of continuing on with this investigation. We have direction from the Speaker. We're trying to convince all members here that Mr. Richards' motion does have precedents, does have a requirement to continue on.

I should point out that these words were not taken by us from out of the sky. They were taken from the Minister of Justice directing us a little further. We feel that by getting this list, it will help us continue in our investigation.

As a journalist, I want to talk about a few things, about how the two articles—Laura Stone's in The Globe and Mail and the CBC's The National the day after—had pretty specific details and very convincing wording that it was fact and not journalistic speculation.

I'll just quickly quote from “Principles for Ethical Journalism” taken from the Canadian Association of Journalists:

Journalists have the duty and privilege to seek and report the truth, encourage civic debate to build our communities, and serve the public interest. We vigorously defend freedom of expression and freedom of the press as guaranteed under the Canadian Charter of Rights and Freedoms. We return society’s trust by practising our craft responsibly and respecting our fellow-citizens’ rights.

I think it's under the first point, “We strive for accuracy and fairness”, that we go into our debate here. The quote continues:

We avoid allowing our biases to influence our reporting. We disclose conflicts of interest. We give people, companies or organizations that are criticized in our reporting the opportunity to present their points of view prior to publication. We respect people’s civil rights, including the rights to privacy and a fair trial. We don’t alter photos, videos or sound in ways that mislead the public.

Then you go to these articles. Again, I go back to the wording of “according to a source”, says Laura Stone in The Globe and Mail, and “according to the source, who is not authorized to speak publicly about the bill”.

Then we go to the CBC's The National on April 13, “Sources tell the CBC...”.

Again, this is not journalistic speculation. These are words of fact, and of course the reporter wouldn't do that, based on their goals of striving for accuracy and fairness. Speaking as a former journalist, and I know there are other former journalists at this table, it's your wording that is important. If it were just speculation, you would not use “Sources tell the CBC”, or say that the piece of legislation will do this or won't allow for this. That is a very important point.

Going back to the principles, journalists are “independent and transparent”. They “don’t give favoured treatment to advertisers or special interests”. They “don’t accept or solicit gifts or favours from those they might cover”. The principles continue:

We don’t report about subjects in which we have a financial interest. We don’t participate in movements and activities that we cover. Editorial boards and columnists or commentators endorse political candidates or causes. Reporters do not.

This is where we tie it in to what we're doing here:

We generally don’t conceal our identities. When, on rare occasions, a reporter needs to go “undercover” in the public interest, we will clearly explain why.

Clearly this is not the case in these situations with CBC's The National and The Globe and Mail with Laura Stone. When you're talking to a source, of course you're not going to identify the source. That's clearly something we all accept and something that is paramount to continuing as a journalist, but again, it's the wording that says that they did have conversations with someone—someone who had access to this legislation.

In this case, we're trying to find the source of this leak, and based on the justice minister's own testimony, it seems a good place to start, or a good place to continue this investigation, Chair, is to find out who had access to this documentation. That is why it is so important to see this list.

I'll go on even further and I'll tie this in.

Again, from the Canadian Association of Journalists:

We keep our promises We identify sources of information, except when there is a clear and pressing reason to protect [the sources].

The valuable reason for keeping their sources anonymous is clear. That's why we do not obviously have any idea of the source, because that source was not supposed to reveal the text of the legislation.

It then says, “We explain the need for anonymity when we decide to grant it.” That's clearly not the case here, but that's our job.

We independently corroborate facts given by unnamed sources. If we promise to protect a source's identity, we do so.

That's from the Canadian Association of Journalists.

Obviously we don't expect Laura Stone or the CBC's The National to disclose their sources, so that again leaves it up to us to continue this investigation. Was this declared before Parliament had the chance to see it? Again, there is very clear wording in these articles.

As a journalist myself, there were many years that you would have sources who, in many cases, would like to maybe leak a story ahead of time, because it's a way of framing the debate the way they want it. It's a way of getting ahead of the story on certain issues that may or may not be controversial. For this case, and if you look at the articles, it did frame the debate how they wanted it.

This was clearly leading the conversation in the direction the government wanted to take it. It's a very controversial bill. It's a very emotional bill. It's a bill of a magnitude that impacts on pretty much everybody across the country. To think that it would not be a good strategy to get ahead of it or steer the conversation in a certain direction...I think it was a good communications strategy.

However, there are very good details that suggest it was leaked before Parliament had eyes on it. If we just give up now and say, “Well, I think we asked the Minister of Justice. She said no. We believe her, so that's good enough”, then how do we prevent this from happening again? How do we stop this?

There are very clear indications in these articles that very clear details were released that certainly give very clear evidence that this was more than just a casual conversation or a reporter taking a wild guess. Going to the ethics guidelines from the Canadian Association of Journalists, it talks here about accuracy. This is where it ties into this, because, yes, I think it was pretty accurate:

We are disciplined in our efforts to verify all facts. Accuracy is the moral imperative of journalists and news organizations, and should not be compromised, even by pressing deadlines of the 24-hour news cycle.

Chair, again these are pretty specific details. It was pointed out that there was one part that wasn't in the bill, but as was pointed out by Mr. Reid and Mr. Richards, in a conversation or one on one, if the reporter was taking the notes by old-fashioned writing, there could have been a minor error. But for the rest of it, that looks pretty clear.

We seek documentation to support the reliability of those sources and their stories, and we are careful to distinguish between assertions and fact. The onus is on us [the reporters] to verify all information, even when it emerges on deadline.

Mr. Chair, I think that both reporters did just that in their articles, The Globe and Mail and The National. To look at both stories and see how close they are in their details, again, Mr. Chair, this tells you that these reporters are not taking a guess because the stories would be wildly different. The wording tells us the same story.

Why, Chair, are we giving up? Why are we stopping this investigation? Why, Chair, do we not ask for a detailed list? Why don't we look into this further?

There are a lot of former political staffers at this table too. I can imagine, should we find this person, he or she might be watching very closely right now and wondering whether we are going to get somewhere. “Are they going to find that list and get to me?” As a former staffer, if I possibly were the source of this leak, I think I'd be sweating right now.

The chair has pointed out that the justice minister said that she asked her political staff, she asked her deputy minister, to conduct an investigation. Her staff said, no, it wasn't them. The deputy minister said they went through the list of people who had the draft legislation and they said it wasn't them.

This is my hockey analogy. As a referee, I'm sure everyone I give a penalty to would say it wasn't them. I would say a number of times that the penalty was correct and it was the correct call, but everyone will say no. I don't blame them. It's only what you do.

That's why this investigation...and I'm hoping I'm convincing the other side here.

11:20 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

You're starting to convince me.

11:20 a.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

I'm starting to convince Mr. Reid.

11:20 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

You're only just starting. I need more facts.

11:20 a.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

You need more facts. Okay.