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

1:25 p.m.

Liberal

The Chair Liberal Anthony Housefather

Folks, I'm sorry, I didn't give you your one minute this time.

We will start over. There is an agreement between the parties to start another 24-minute round divided as follows: six minutes for the Conservatives, six minutes for the Liberals, six minutes for the New Democrats and six minutes for the Liberals.

We're going to go back and do a normal first round of six minutes on each side four times, and I think that's an agreement, so we'll just agree that the motion is amended for that, and that there's unanimous consent to do that.

Thank you, everybody, for your co-operation.

This is, for you folks, the normal collegiality we have at the justice committee on most matters.

This is a six-minute round. The Conservatives start, so who is going?

Ms. Raitt.

1:25 p.m.

Conservative

Lisa Raitt Conservative Milton, ON

Mr. Wernick, at the beginning in one of our segments of questioning, you indicated that you had a chronology. I'd be very interested in hearing your chronology and having it in the record. I know we said we would give you an opportunity to do so.

For me, the most interesting pieces you've given us information on today are those three meetings that my friend from across the way asked you about earlier, but you can put it in context for us starting from around the middle of the summer of 2018, either conversations you had with the Prime Minister, Ms. Wilson-Raybould or conversations you had with SNC-Lavalin. Could you give us a chronology in the best way you can? That would be extremely helpful.

1:30 p.m.

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

Michael Wernick

One piece that might be relevant to you is where deferred prosecution agreements came from. They don't come into Canadian law through immaculate conception. They come as government bills, because there was a cabinet discussion—

1:30 p.m.

Conservative

Lisa Raitt Conservative Milton, ON

Yes, we got that.

1:30 p.m.

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

Michael Wernick

There was a cabinet discussion in the spring. I would have the dates. Amendments aren't made to the Criminal Code by any minister other than the Minister of Justice, so the former minister of Justice and the minister responsible for procurement obviously were the ones who proposed the DPAs and sponsored the legislation, and that is a conversation in which SNC would have come up as background and context for the kind of companies and offences for which DPAs were relevant.

1:30 p.m.

Conservative

Lisa Raitt Conservative Milton, ON

Okay.

1:30 p.m.

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

Michael Wernick

There was never, never, never a cabinet conversation about the prosecution.

1:30 p.m.

Conservative

Lisa Raitt Conservative Milton, ON

Right.

1:30 p.m.

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

Michael Wernick

Is that okay? I hope that's helpful.

1:30 p.m.

Conservative

Lisa Raitt Conservative Milton, ON

Yes.

1:30 p.m.

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

Michael Wernick

I do want to clarify, because I'm worried about reputations. I'm going to be very clear, at the risk of opening the cloak a little bit, that when the former minister addressed cabinet earlier this week, the current Attorney General left the room, saw right away the need to recuse, left the room, and was not present for that discussion.

1:30 p.m.

Conservative

Lisa Raitt Conservative Milton, ON

That's very helpful.

1:30 p.m.

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

Michael Wernick

That doesn't mean I'm going to tell you the whole conversation inside the room. I just think it's important to know.

1:30 p.m.

Conservative

Lisa Raitt Conservative Milton, ON

No, I don't want to know. Actually, that is important to me to know.

1:30 p.m.

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

Michael Wernick

Canadians need to know that the current Attorney General left the room for that conversation to relieve himself of any responsibility of what to do with that information.

1:30 p.m.

Conservative

Lisa Raitt Conservative Milton, ON

Right.

1:30 p.m.

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

Michael Wernick

I'm trying to reconstruct....

The summer was all NAFTA, NAFTA, NAFTA. There was a cabinet retreat at the end of the summer in Nanaimo. I remember the smoke from the fires, as I'm sure you do—and I'm not trying to be facetious. There was a lot being prepared for the fall session and a lot of balls in the air. I did not discuss the SNC matter with anyone that I can recall, frankly. It was in the hands of the prosecution service and the Department of Justice.

Once there was a parliamentary process under way, by that time I think the budget implementation bill had passed the House—rather rapidly if you remember—but it was before the Senate, and there were Senate hearings. I probably have transcripts or summaries of the discussion of the bill because I get them for most bills. I track the progress, as does my office, of legislation that moves through the two chambers of Parliament.

The preoccupation where I would have had any interaction with the former minister was around the rights recognition framework, the indigenous agenda. There's a different story arc there that I'll try to reconstruct. The Prime Minister is unwavering and relentless in his commitment to moving forward indigenous reconciliation, and very impatient, as prime ministers are, to get things done and get things moving. He was concerned that we were losing momentum and traction heading into the last year of the mandate on the rights recognition framework. He was aware, because he'd been briefed, both by the Privy Council Office and his political staff, that there was something of a policy standoff among his ministers. There were different views on a very significant thing, and we were trying to find a way.... Essentially, I'd call it a form of conciliation or mediation to bring people together. You have some experience in the matter. Ministers can have very different views, quite legitimately, about how best to proceed, and cabinet's there to sort these out.

Given that there was so much time being sucked into the NAFTA thing, I was asked to step in and play a bit of a role in bringing together the different views. I do want to say on the record for Canadians that I am deeply hurt on behalf of Minister Bennett that her reputation had been trolled over the last little while. There are vile things being said in social media about her in the wake of Minister Wilson-Raybould's resignation. I worked in the area for most of my career. I want to say on the record there is no Canadian who has worked harder on indigenous reconciliation than the Honourable Carolyn Bennett, and she deserves better from the social media trolls.

There was a legitimate argument within cabinet about how to move forward on the rights recognition framework, and there were discussions that would have taken place on the right approach to child and family services legislation, which I truly hope you're going to see soon in Parliament, the languages legislation and other indigenous matters. Minister Wilson-Raybould played a very particular role in cabinet. She did not ever want to be one of the indigenous affairs ministers. She made that very clear. She did not want to be the indigenous services minister, or the CIRNA minister and be seen as the Indian agent for her own people. She's made that clear in public.

As Minister of Justice—

1:35 p.m.

Liberal

The Chair Liberal Anthony Housefather

I need to say that we're at six minutes already. I will give you another minute to try to wrap up your answer to Ms. Raitt's question.

1:35 p.m.

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

Michael Wernick

I will wrap it up quickly.

She was deeply involved as minister of Justice, because these were matters of law on how the rights framework and all of the indigenous things.... And, of course, she had enormous power and influence because of her background and where she came from.

We had a—

1:35 p.m.

Conservative

Lisa Raitt Conservative Milton, ON

That's the meeting on the 17th.

1:35 p.m.

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

Michael Wernick

The purpose of the meeting, why it was called, was the Prime Minister wanted to get momentum and traction back on the indigenous agenda.

1:35 p.m.

Liberal

The Chair Liberal Anthony Housefather

Thank you very much.

Mr. Boissonnault.

1:35 p.m.

Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Thank you very much, Chair.

Thank you, Mr. Wernick, for your offer to spend more time with us today.

I know you to be a direct man, and I was struck by your opening remarks. I share some of your fears about interference in the political process and about the state of democracy. I'm wondering if you could elaborate a little more on how strong governance can help mitigate against some of the fears you mentioned in your opening statement.

1:35 p.m.

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

Michael Wernick

That's a big topic and I don't want to run out the clock on it. I have spoken about matters of Canadian governance probably 20, 30 or 40 times, and all of those speeches are on my website. For those watching, it's clerk.gc.ca. I've talked a lot about governance in Canada.

I do think it's important that Canadians—the 36 million Canadians—understand that this is a precious thing, and I've said this publicly. When we see what's happening in London, in Washington, in Paris, in Rome, in other democracies, never mind other countries that I will not name that are clearly more authoritarian, we should take comfort that we have independent police and prosecutorial services, that we have courts, that we have officers of Parliament assisting the people who are elected in free and fair elections to guide the country. It's a precious gift and it is under threat around the world. I don't take it for granted in Canada.

There are many ways we could pursue that conversation. The one that's relevant to this committee, and I know that you want to be on the justice committee because you share these concerns about the rule of law in Canada, is the independence of the prosecution service as one of the cornerstones of that.

1:35 p.m.

Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

I'm glad you mentioned that.

One thing you mentioned in one of your responses was the safeguards we have in place. You mentioned the Public Service Commission of Canada, the Parliamentary Budget Officer, access to information, open government. Could you share with us, with Canadians, some of the other safeguards? You mentioned a list of some 14 or 16. What are some other examples?