Evidence of meeting #25 for Procedure and House Affairs in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was prorogation.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Clerk of the Committee  Mr. Justin Vaive
Andre Barnes  Committee Researcher

11:30 a.m.

Liberal

Stéphane Lauzon Liberal Argenteuil—La Petite-Nation, QC

Thank you, Madam Chair.

I would like to speak to you in my capacity as a new member of the committee. I've taken the time to read all the documents available on the website concerning the witnesses the committee has heard from. I have inquired into the witnesses, read the testimony of each of them, and, like my colleagues, I have concluded that, as a committee, you have done a very good job. By inviting professors, physicians, public servants and even the Leader of the Government in the House of Commons, as has been emphasized several times, you made sure you established a clear overview. From my viewpoint as an outsider, because I haven't been following the committee's proceedings, I think the committee has enough information to go ahead and draft a final report.

Many witnesses have addressed this prorogation issue. We don't all agree on the conclusions of some witnesses, but we have the information we need to draft a final report. Consequently, I would like to bring the matter to a close.

Then we can talk more about measures to facilitate work-life balance, which is all the more important in the context of the pandemic, and indeed one of the very important and current topics that remains for us to address. As we all very well know, we've had to adjust to this new reality. Many of us members are parents of young children, and we function very differently when they are at home.

In addition, several witnesses suggested modern solutions to us and pointed us to new technologies that would assist in adapting the electoral system in the event an election is held during the pandemic. They will also be useful in normal conditions following the pandemic. They are tools that we will have developed during the pandemic and that will remain available to us.

I would also like the committee to discuss at greater length the legal structure of the Parliamentary protective service, another hot topic. We've received threats; Canadians are experiencing many mental health problems and pressure is mounting. As a committee, we must examine the legal structure of the Parliamentary protective service very soon.

I wasn't here at the time to suggest study topics to the committee, but I really would have liked it to conduct a study on the conduct of elections in rural areas. You're familiar with the issues we generally encounter during elections. You've also heard testimony from many individuals on the problems people have experienced during the pandemic. However, we've focused very little on the problems experienced in pandemic conditions during elections in a constituency such as mine or that of Serge Cormier, for example, where polling stations are in extremely remote locations. Voters there have to drive two or three hours without even being able to stop because the road stops and restaurants are closed due to the pandemic. And no consideration is given either to seniors or persons who are losing their independence.

These are things that I would have liked to discuss, and that's still possible if we work together to draft the final report. Since the Leader of the Government in the House did a capable job of presenting the government's view, and members were able to ask questions and get honest answers, we are now in a position to draft the final report. I'm new to this committee, but, as I see it, we have enough information to go ahead.

Since the prorogation, there has been a throne speech and the fall economic statement. Many significant changes and events have taken place since the members of the committee began the prorogation study. I'm thinking in particular of the general election in Newfoundland and Labrador, which was held during the pandemic. I believe the committee must react quickly and conduct a study on those elections. The committee must adjust to events as they occur. And then there's the arrival of the COVID variants.

Some witnesses discussed the underlying reasons for prorogation. Their opinion does count. However, the specific reason for prorogation was to let the government take a necessary step back in order to make the right decisions for restarting the system. That's precisely what the Prime Minister has done.

I understand the differences of opinion in the evidence, but the document already contains all we need to make a good decision.

11:40 a.m.

Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Madam Chair, on a point of order, I am just wondering if you are able to check the translation for MP Lauzon. The translator and his voice are coming through at the same level. Sometimes that's because you don't have the proper button clicked on your screen.

11:40 a.m.

Liberal

The Chair Liberal Ruby Sahota

That's not supposed to happen anymore. I keep being told that with the upgrades it doesn't matter what button you select, but I don't know if that could still be an issue. I'll check on that.

11:40 a.m.

The Clerk

Madam Chair, that problem should have been addressed. Depending on the version of Zoom that members are working on, sometimes it can still be an issue. The latest versions of Zoom should have resolved that, but if you have on your computer a prior version of Zoom, the issue may still occur and it might require members to toggle back and forth between the English and the French.

11:40 a.m.

Liberal

Wayne Long Liberal Saint John—Rothesay, NB

It's okay. I just wanted to point it out. I don't know if other members are hearing the same level of voices or not.

11:40 a.m.

Liberal

The Chair Liberal Ruby Sahota

I don't know if it was at the same level for me, but it was loud. You had to focus really hard.

Mr. Lauzon, you were on the French interpretation button. Did you have French selected?

11:40 a.m.

Liberal

Stéphane Lauzon Liberal Argenteuil—La Petite-Nation, QC

Yes, I selected French, but I could have switched it off, and it would have worked all the same under the new system.

11:40 a.m.

Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Madam Chair, I'm not trying to be difficult. I just thought that if it was a quick switch, we could fix that. It's not urgent.

11:40 a.m.

The Clerk

Madam Chair and Mr. Long, I'm going to have an IT ambassador reach out to Mr. Long to see what the issue might be, so that we can try to get a higher volume for him so that he can hear more clearly.

11:40 a.m.

Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Thank you very much, and thank you, Madam Chair.

11:40 a.m.

Liberal

The Chair Liberal Ruby Sahota

Thanks for pointing that out.

Mr. Lauzon, I'm sorry for the interruption. Mr. Long just wants to be able to hear everything you are saying. Please, carry on.

11:40 a.m.

Liberal

Stéphane Lauzon Liberal Argenteuil—La Petite-Nation, QC

I'm sorry not everyone can hear me clearly. I hope the technical issue is resolved as soon as possible.

I was discussing the fact that, as a new member of the committee, I have examined its proceedings from the notes the clerks have provided me. I'd like to thank the clerks and all the members of their teams for the work they've done. Although I arrived in the middle of the committee's proceedings, I was quickly able to get up to speed thanks to the service the clerks provided me. I'd like to thank them for all the necessary documents and explanations, and in French to boot.

In closing, I would like to point out that the committee recently heard from two Privy Council Office officials on the conventional norms regarding prorogation. They once again confirmed that prorogation is a prerogative of the Governor General on the advice of the Prime Minister. That's precisely what we did. It's important to consider the dates and facts stated in the government's report. The prorogation took place in August 2020. According to the evidence I read, when the question was put to the witnesses, they often responded that it was not the right time for a prorogation. Then what would have been the right time? When you're in the midst of a pandemic, new factors arise every week. A vaccine appeared in Canada in the first week. We had heard about vaccines in other countries, including China. A series of events then followed.

So there's no ideal date to request a prorogation. That's what appears from the evidence. That's at least what I sensed in reading it. All the witnesses began their testimony by explaining their position on the idea of a prorogation. Some said that it was done too quickly, others that it was too late. Still others told us it should not have occurred. Those are opinions, and I agree that people should express their opinions. However, the opinions presented in the report will help us make the right decisions.

Even if the Prime Minister came and explained to us what we already know, that wouldn't change those decisions in any way. If he had to come before the committee to explain to us why prorogation was requested at that specific moment, he would tell us that Parliament was prorogued at a point where we had to take a step back. We could have done it sooner, just as we could have done it later. In actual fact, we could even prorogue Parliament today, given what's coming, so we could take a step back and address the delivery of vaccines, the Newfoundland and Labrador election and the arrival of COVID variants. Then we could focus on distributing the vaccines in all the provinces. Those would all be good reasons.

The Prime Minister, who was elected by the people, decided to go and see the Governor General and ask her to prorogue Parliament in order to take a necessary step back so he could move forward more effectively. Everything has already been explained through the opinions presented in the report.

We have to be honest with Canadians and to explain our decisions to them. Unlike the former Conservative government, which constantly prorogued Parliament without providing any explanation, we explain actions. When the Conservatives were in power, they prorogued Parliament three times, in 2007, 2008 and 2009, for a total of 63 days, without providing any explanation or answering any questions. They simply prorogued Parliament.

We, on the other hand, went further. We've been transparent. Let's not forget we're going through a crisis like no other government has experienced in Canadian history.

In 2017, our government instituted a change that will now require every government to table a report in the House outlining the reasons for a prorogation. We're the ones who made that change. That report will explain why the Prime Minister decided to prorogue Parliament and will therefore stand in lieu of testimony by the Prime Minister.

Of course, the committees may examine other matters. That's entirely appropriate, and that's what we have done. I know the committee has previously studied cases in which the government of the time requested a prorogation. This isn't the first time that's been done. You can see from the archives that prorogations have previously been studied.

The report is based on the remarks of certain experts in an effort to explain the prorogation we're now discussing. Those explanations may encourage us to review certain matters. Our committee could look more closely into the circumstances leading to the prorogation and determine whether changes should be made so that other governments may use prorogation for reasons other than those stated today.

However, that's not what we're discussing today. What's important is knowing whether we can now make recommendations in light of the prorogation we have experienced.

The committees may of course examine certain questions. However, all members, including those from the opposition parties, have had an opportunity to tell us loud and clear what they felt were the reasons for the prorogation. Those reasons were clear in their minds. Whatever the case may be, no study has ever gone as far as this one.

At this stage, I'm not at all sure why we need to take this study even further and make a spectacle of it. I think that we're responsible enough and that, given all the testimony we've heard, we could avoid all this theatre and spectacle. We definitely have all we need to draft the final report.

In reading the evidence, I noticed a statement that our honourable colleague from the New Democratic Party made on January 28, at the start of this study. He felt at the time that the prerogative to request prorogation had been abused because it had been used to get the government out of a political crisis.

In view of his remarks, I wonder whether the member is even taking part in the committee's study and meetings in good faith and with an open mind. We're here to work together and find solutions. You have to listen to the government's arguments. Even though the member is hearing those arguments, he already seems to have made his decision. He's drawing his conclusions even before the study is done. Decisions were already made even before the expert witnesses—physicians, professors, officials and the Leader of the Government in the House of Commons, Mr. Rodriguez—were heard.

What bothered me when I read the evidence were the intentions of certain individuals. When I saw that one committee member told the committee that he had reached his decision even before taking the time to examine the matter, I thought nothing would change even if the committee heard testimony from the Prime Minister. The member had abandoned the fundamental role he's supposed to play on the Standing Committee on Procedure and House Affairs and instead was playing politics, content to express his own opinion before even hearing the witnesses.

In addition, at the last meeting, the House Leader of the Bloc Québécois spoke even before we had heard witnesses that his own party had suggested should be heard. He said it was very clear to him that Parliament had been prorogued to put a stop to the work of the committees investigating the WE Charity scandal. Why then did we conduct a study on the subject? Why do we have committees to assist in the proper operation of Parliament? Can we say this is evidence of good faith? Certainly not. The leader of the Bloc Québécois also made his bias clear before the study was even complete.

I nevertheless tip my hat to all the witnesses who came and testified on the matter. We asked them whether they thought the government had had valid reasons to prorogue Parliament. They all began by saying that all the reasons justified seeking prorogation. Is it appropriate for those people to express their opinions? Yes.

We, as parliamentarians, have a role to play when witnesses appear before a committee to assess the situation. I personally consider it a delicate matter for a committee member or party leader to make a public statement about a study under way in order to announce his own solutions for the decisions he has previously made even before the committee has completed the study.

That at least is my interpretation of the situation. I joined this committee when it was already under way; I carefully read all the documents, and that's what I sensed. One can imagine how ordinary people reading the reports without having attended the committee's proceedings might not feel any better than I did after spending the weekend, as a new member of the committee, reading documents to bring myself up to speed.

On September 24, 2020, the Conservative member for Haliburton—Kawartha Lakes—Brock stated in the House that we all knew the Prime Minister had decided to prorogue Parliament as a result of his involvement in the WE Charity scandal. That was said in the House even before we had presented all our work. The member said that the prorogation was a distraction. When he said that, we were in the middle of a crisis, seniors were dying, physicians and nursing staff were on their knees, emergency rooms were full, not a single bed was free and our staff was exhausted.

We're working hand in hand with the public in all constituencies, whether Liberal, Conservative, NDP, Bloquiste, independent or Green. We're all supposed to work hand in hand during this kind of crisis. We have to earn the public's trust, give them hope and make them feel supported.

All the parties worked together and sent us recommendations that we relied on in implementing programs. We made adjustments along the way. The step back taken as a result of the prorogation was extremely important in helping us move forward more effectively and developing more responsive programs.

For example, we're all aware of what's happened to travellers. There are 338 members in the House of Commons. We read the documents and we make decisions as quickly as possible, and to the best of our ability, based on what we know. All parties are in the same boat. When we realized that a traveller could return from a trip and be fined $1,000, we had to review our decisions and amend the measures. No one saw that coming because we have to make the kinds of decisions no one has ever seen before. The pandemic didn't come with an instruction manual. We all had to adjust at every stage and take a step back. We prorogued Parliament so we could take a step back.

On October 5, the member for Selkirk—Interlake—Eastman claimed that the Prime Minister's main reason for proroguing Parliament was to attempt a cover-up. Once again, fellow citizens were told that we had tried to conceal files concerning the WE Charity and in other cases. We should bear in mind that we had a crisis to manage during the pandemic and that we had programs to implement for students, workers who had lost their jobs and seniors, who we sensed were in distress.

As parliamentary secretary to the Minister of Seniors, I was in contact with seniors across Canada from the start of the pandemic. I sensed their distress, particularly among those living in long-term care centres, which are called CHSLDs in Quebec. I can tell you that the crisis is still raging in long-term care centres in Ontario.

I think that that's the priority of every government, that the Prime Minister has a lot to do in managing a pandemic crisis and that we have to prepare a report as soon as possible.

I started reading around December 10, when the initial meetings on the committee's study began. In my initial reading, I saw that Dr. David Williams had said the following:Over the spring and into the summer we flattened the curve down to a very low fewer than 100 cases a day, even lower than that…

So, on December 10, he said we had flattened the curve to fewer than 100 cases a day in Ontario. He's a physician in that province. He continued, saying:…and then they started rising again in September, much as in other provinces, and more recently as in some territories.

We're now in February 2021. When I began my reading, we were already talking about…

Noon

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Madam Chair, I have a point of order.

It's absolutely wonderful hearing from the member, but could he just stick along the lines of the prorogation? I know that he is sharing all of the other things that we could be working on, but we have a motion on the floor and perhaps he could just continue speaking to the motion.

Thank you.

Noon

Liberal

The Chair Liberal Ruby Sahota

All right. I guess the members heard that comment. It's to relate your comments to the motion at hand.

Thank you.

Noon

Liberal

Stéphane Lauzon Liberal Argenteuil—La Petite-Nation, QC

Thank you very much, Ms. Vecchio. Sometimes I get carried away with emotion. When I dive into a file, I get down to the bottom of it.

However, I can say that everything I've told you is directly related to the prorogation. Canadians and I myself have never been as sensitive to seniors as in this pandemic or in the history of Canada. Prorogation was also one of the measures we took for seniors and the general public. It was effective in helping us take a step back so that we could move forward more effectively. Everything I've explained to you to this point is related to the prorogation.

On January 28, 2021, at start of the meetings on the prorogation study, the member for Moose Jaw—Lake Centre—Lanigan said the following in his preamble, before putting his question to Dr. Ian Brodie, Prime Minister Harper's former chief of staff, “We are charged with the responsibility of conducting a study on the reasons why this government and the Prime Minister prorogued Parliament.”

Remember, I just told you he is Mr. Harper's former chief of staff. Mr. Lukiwski continued, saying, “Quite frankly, the reasons are crystal clear, and we all know it.”

At the last meeting, on February 16, Mr. Lukiwski continued to show his bias and inherent partiality on this issue, declaring on the basis of no study or approval by this committee:It is clear to everyone in this committee, and I know it's clear to you as well, there was only one reason for prorogation being called in early August…

As a member, when I read that, I had to stand up, have a glass of water and take a deep breath.

Remember what we were going through in my constituency and yours in August. The weather was beautiful, we were having a bit of a break, there was some fear and apprehension, and we weren't safe from a second wave. Life was very hard for the general public.

I respect the testimony of an expert who comes and tells us that there was only one reason to prorogue Parliament, and we will take it into account in the report, but let me tell you that I happened to read other testimony stating that the prorogation assisted in making decisions and in taking a step back so we could move forward more effectively.

When he says there was only one reason, does the member also think that prosecutors should be able to sit on the jury and vote even before an investigation?

Fortunately, he's not the one who…

12:05 p.m.

NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

I have a quick point of order, Madam Chair.

There's a bit of confusion. The member said he doesn't want to spend more time talking about the WE Charity scandal, but I take it from his intervention that he does. He just doesn't want to do it with witnesses that could contribute meaningful information about the nature of the prorogation decision.

12:05 p.m.

Liberal

The Chair Liberal Ruby Sahota

Is this really a point of order, or is it just debate?

12:05 p.m.

NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

That's for you to decide, Madam Chair.

12:05 p.m.

Liberal

The Chair Liberal Ruby Sahota

Seeing as you have your hand up, you will get your chance to make your reflections known to the members of the committee.

Carry on, Mr. Lauzon.

12:05 p.m.

Liberal

Stéphane Lauzon Liberal Argenteuil—La Petite-Nation, QC

I think that position's ridiculous. Given what I've read, I can tell you I would be very pleased to take part in a good-faith debate with some of these witnesses or with opposition members. However, it's increasingly hard for me to give them the benefit of the doubt, first of all, because they've made their decision even before appearing before the committee. What could I do about that?

The member continued by saying there was a singular reason for doing so. The record should show that the member was referring to the prorogation. He found it disturbing that he and other members of his party, and of the opposition, could sit here and say they would examine the prorogation matter and get to the bottom of things. To shed light on what?

Madam Chair, it seems they already made their decision long ago. The decision of some was already made even before they testified. We nevertheless listened to them, and we nevertheless received some very good evidence. We heard from 12 witnesses, all equally expert and equally partisan, and we listened to them. We asked good questions, thanks to the democratic system we have here, and each of the parties was granted the same number of minutes. We heard a broad range of testimony, and we could therefore prepare a comprehensive report today.

I want to make the following point for the record. The member I'm referring to regularly argues fiercely against this government, even going so far as to tell the Leader of the Government in the House, during the previous meeting that I attended, that he felt sorry for him. That same member advanced an entirely contrary argument in 2010. The situation was different in 2010; today, he feels sorry.

In that year, this committee conducted a very similar study when the Conservative government prorogued Parliament. At the time, the member represented the former riding of Regina—Lumsden—Lake Centre. As you can see, he is an experienced member because he was already a member in 2010. At the time, I was a municipal councillor. When the Conservative government prorogued Parliament, he argued that prorogation was a fairly common and routinely used procedure.

Parliament has been prorogued three times by the Conservatives and only once by the Liberals, and, in that case, during an international health crisis. I would emphasize the word “routinely.” Today, however, the opposition parties contend that this prorogation was a kind of abuse of Parliament. Today, they're trying to prove, supported by examples, that it was an abuse and an extremist measure. However, they still forget the pandemic aspect. It's that aspect that troubles me a little more. It's as a result of that aspect that my human side has trouble accepting the idea that we said we did it for nothing. It's as though there were no pandemic and we didn't need to take a step back.

It takes a lot of work to prepare a throne speech and an economic statement. I heard here that we could have turned on a dime, stopped for two days, prepared a throne speech and presented it in public. However, that takes hours and weeks of work. You have to mobilize all members and employees of the Prime Minister's Office. You have to conduct consultations. When you prorogue Parliament, you do so to take a step back, not to take a vacation. It involves six weeks of intensive work during which we review every line of the programs we've put in place, every flaw in the system.

And there were some flaws in my riding, and they're still there. No system is perfect. The prorogation let us take a step back, gather strength and make good decisions. Now you want to invite everyone in turn. All that's missing from the motion tabled is the pope…

12:10 p.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

I have a point of order, Madam Chair.

Mr. Lauzon has indicated that he is a new member. In our previous motion, providing this information had been agreed to unanimously by the entire committee. Because there has not been anything received, this is why we're reinviting. It's not a new list at all. These are already current and all members of this committee did support it.

12:10 p.m.

Liberal

The Chair Liberal Ruby Sahota

Maybe for further clarification, I will let you know what happened. Witnesses were invited through the subcommittee, as they would normally be invited. At some point, there was a motion brought forward with four witness names. One of them was the House leader, and the House leader has attended. The other three were the Prime Minister, Ms. Telford and.... Who was the third?

12:10 p.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

It was Morneau.

12:10 p.m.

Liberal

The Chair Liberal Ruby Sahota

The third was Morneau. That was Mrs. Vecchio's motion.

At the subcommittee, since they were potential witnesses who were already on the list, there was consensus to go ahead and invite. That report was presented to the committee, and the whole committee voted to go ahead and invite.

We are on this motion, because some invitations have not received a response.

Go ahead, Mr. Lauzon

12:10 p.m.

Liberal

Stéphane Lauzon Liberal Argenteuil—La Petite-Nation, QC

Thank you very much for that clarification, Madam Chair.

Thanks as well to Ms. Vecchio for raising that point. I'm still learning, and I very much welcome any clarification.

I received the motion today and I read it briefly before joining the committee meeting. The witness list is quite long: the Prime Minister, the Leader in the House, who has already testified, the Prime Minister's chief of staff, former members, citizens and so on. I can't name them all.

I would like to point out that the Prime Minister appeared before Canadians at a press conference and explained why the government had had to prepare for a potential second wave of the pandemic that was under way. He had to review his priorities relative to those he had announced in the 2019 throne speech, and he set other legislative priorities.

In other words, we had to reset the parliamentary agenda. That's somewhat what I've been explaining to you from the start. We really pressed the reset button. The Prime Minister could not have been clearer than that. He organized a press conference, and he clearly expressed that to the public. He also told all members in the House. He wanted to have those priorities front and centre in the context of the pandemic crisis.

As we said, and as academics and officials have also stated, the prorogation mechanism was justified. No other mechanism could reset the agenda in that kind of situation. The Prime Minister therefore decided to seek leave from the Governor General to prorogue and end the Parliament. Previous governments have also used this measure for much longer periods and for far less valid reasons.

It appears that, in wanting to invite the Prime Minister back, opposition members did not consider the severity of the crisis Canada was facing. We had just emerged from a brutal first wave. A second wave arrived, and the government went into crisis management mode literally to save—and I would emphasize that word—as many lives as possible, to support Canadians during an unprecedented crisis. That was a priority; that's what we should take into consideration. We must address the points that I indicated at the start of my speech. In other words, we must focus on other extremely important matters. We abandoned them during the election campaign and election process.

If my memory serves me, the first wave of the COVID-19 pandemic, in March 2020, monopolized all public health authorities. We were virtually certain from the outset that there would be a second wave. How could we have requested prorogation at that point without living through what we did in our respective constituencies during that new pandemic wave? We experienced various problems, we saw they were serious, and we looked for solutions.

According to some experts, we could have prorogued Parliament when the pandemic started. However, since we didn't have a crystal ball, we couldn't see the future. I had to make changes in my riding and adapt to the situation. Some of the improvements could not have been made if the session had ended when the pandemic started.

As I have said and now repeat, it would've been a good idea to prorogue Parliament at the start of the pandemic, and it was also a good idea when we made the decision. It would still be a good decision today. This kind of process enables us to take a step back and review the measures in place.

Every time we make a change, we hear that prorogation made it possible to establish the mechanism that enables us to make those kinds of changes. Even now, members rise in the House saying it takes a lot of time to get a telephone line. However, you can hire 2,000 persons if you want, but you still have to train them. You have to find them the necessary equipment and help them settle in. Prorogation helps you make those decisions and take a step back so you can come back stronger.