Evidence of meeting #132 for Justice and Human Rights in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was cabinet.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

David Lametti  Minister of Justice and Attorney General of Canada
Nathalie Drouin  Deputy Minister of Justice and Deputy Attorney General of Canada, Department of Justice
Michael Cooper  St. Albert—Edmonton, CPC
Clerk of the Committee  Mr. Marc-Olivier Girard
Michael Barrett  Leeds—Grenville—Thousand Islands and Rideau Lakes, CPC
Michael Wernick  Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

1:10 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Chair, I would like to find out when the Prime Minister's Office was informed of the director of public prosecutions' decision.

Mr. Wernick, you are saying that, on September 17, the Prime Minister's Office summoned Ms. Wilson-Raybould to a meeting. You were present, and Ms. Wilson-Raybould was not pressured with regard to the SNC-Lavalin file. Is that indeed what you told us?

1:10 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Wernick

If she felt there was pressure in that conversation, she would have said something in the intervening three months.

1:10 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

On October 10, SNC-Lavalin issued a press release for shareholders saying that, for the time being, it had not been invited to have a remediation agreement. You are saying that, five days later, SNC-Lavalin wrote a letter to Prime Minister Trudeau.

I would like to get a copy of that letter, Mr. Chair.

Let's move on. Between the October 15 letter and December 5, no news came. On December 5, Mr. Butts met with Ms. Wilson-Raybould at Château Laurier. We don't know what was said at that meeting, of course.

Today, you are providing us with two letters dated December 6, the day after the meeting with Mr. Butts. In one of those letters, SNC-Lavalin is informed, in response to its letter of October 15, that it must work with Ms. Wilson-Raybould, who is the Attorney General.

So there was no communication between October 15 and December 6. Following the meeting of December 5 with Mr. Butts, a letter was sent to SNC-Lavalin and, at the same time, Prime Minister Trudeau wrote to Ms. Wilson-Raybould that he had received a letter on October 15 informing him that he must take care of the situation. All the correspondence was a follow-up to the meeting with Mr. Butts because, between October 15 and December 5, nothing happened. A meeting took place on December 5, and the next day, two letters were sent.

Can you confirm that, Mr. Wernick?

1:10 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Wernick

There is no connection between the two.

1:10 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Okay. It's just chance.

1:10 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Wernick

Yes. My department's correspondence directorate received a letter from the company asking for a meeting. It took a long time to draft a response and get it signed. That's completely normal. That was in no way communication involving the PMO. It was routine correspondence.

1:10 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

In your opening remarks, you were very direct about your designed state of law. That is why the committee is meeting and the opposition is working hard here to shed light on what happened or may have happened.

You sometimes attend meetings with the Prime Minister, and sometimes you don't. You are not always at Prime Minister's meetings with his ministers.

1:10 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

1:10 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Is it possible that there was interference and you were not aware of it?

1:10 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Wernick

That's completely hypothetical.

1:10 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Is it possible that there were discussions and interference and that you were unaware? You are not aware of everything that goes on in the offices at those meetings.

1:10 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Wernick

If there was another meeting or a conversation between the Prime Minister and the minister, the minister will be able to confirm it next week.

1:10 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Great.

1:10 p.m.

Liberal

The Chair Liberal Anthony Housefather

Thank you very much.

Mr. Barrett, go ahead.

1:10 p.m.

Leeds—Grenville—Thousand Islands and Rideau Lakes, CPC

Michael Barrett

Mr. Clerk, you said that in your view, there's no solicitor-client privilege engaged. Who advised the Prime Minister that there was?

1:10 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Wernick

There wouldn't have been a formal legal opinion from the Privy Council Office. I don't know the answer to that.

1:10 p.m.

Leeds—Grenville—Thousand Islands and Rideau Lakes, CPC

Michael Barrett

Okay, so neither the PCO nor the Attorney General has given him any advice on it.

1:15 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

Michael Wernick

I think it was actually the former minister who was the first to say that there were matters of solicitor-client privilege, if you check the chronology.

1:15 p.m.

Leeds—Grenville—Thousand Islands and Rideau Lakes, CPC

Michael Barrett

Okay.

At any point has a memorandum to cabinet or a ministerial recommendation been brought forward to direct, instruct, encourage or otherwise influence the Attorney General to create the conditions under which SNC-Lavalin would receive a deferred prosecution agreement?

1:15 p.m.

Clerk of the Privy Council and Secretary to the Cabinet, Privy Council Office

1:15 p.m.

Leeds—Grenville—Thousand Islands and Rideau Lakes, CPC

Michael Barrett

As you may be aware, Mr. Cooper at this committee did request the production of documents, and that was not approved by the committee. What I would like to ask you now is whether you would be prepared to commit to provide all records in your possession on both personal and government devices.

1:15 p.m.

Liberal

The Chair Liberal Anthony Housefather

Mr. Barrett, I just need to advise you that, with matters discussed in camera, only matters that are adopted are public.

1:15 p.m.

Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Was that not in camera?

1:15 p.m.

Liberal

The Chair Liberal Anthony Housefather

That's why.... I am the chair, and I am advising.

1:15 p.m.

St. Albert—Edmonton, CPC

Michael Cooper

The motion was public.