Evidence of meeting #9 for Natural Resources in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was aecl.
A recording is available from Parliament.
Conservative
The Chair Conservative Leon Benoit
Mr. St. Amand, was your question regarding the time that Ms. Keen received the information? It actually says in this e-mail that it was at ten o'clock last evening.
Liberal
Lloyd St. Amand Liberal Brant, ON
There's no “if” about it, Minister Lunn. You will obviously find out. You will know how it was conveyed to her and when, and you will provide that to the committee.
Liberal
Conservative
Gary Lunn Conservative Saanich—Gulf Islands, BC
Again, I'm not sure what we are allowed to provide. We will take your request and have a look at it. I'm not sure what is protected and what is not. This was a process that was carried out by senior personnel in government.
January 16th, 2008 / 12:15 p.m.
Liberal
Lloyd St. Amand Liberal Brant, ON
The decision itself, though, to fire Ms. Keen was your decision as of yesterday morning.
Conservative
Gary Lunn Conservative Saanich—Gulf Islands, BC
It was a recommendation I would have made that would have gone to the GIC and through that process. On my recommendation it would then have been carried out.
Liberal
Lloyd St. Amand Liberal Brant, ON
And the involvement of the office of the Prime Minister with respect to that decision was what?
Conservative
Gary Lunn Conservative Saanich—Gulf Islands, BC
He would have been made aware of it as well. There is no question.
Conservative
Gary Lunn Conservative Saanich—Gulf Islands, BC
Again, I have no doubt that he would have been made aware personally. These are serious decisions, and there is no way they would be made without him being aware of these. Again, it would be my recommendation, and there is no question that the Prime Minister would be made aware of this.
Liberal
Lloyd St. Amand Liberal Brant, ON
I take it you would have conversed directly or personally with the Prime Minister?
Conservative
Gary Lunn Conservative Saanich—Gulf Islands, BC
No, not this week, not after this decision was made, not personally, no.
Liberal
Lloyd St. Amand Liberal Brant, ON
In your December 27 letter to Ms. Keen you made some very serious defamatory allegations with respect to her. I'm asking you if you can provide a single instance of personal misconduct on her part or an example of where she failed to meet expected performance standards.
Conservative
Gary Lunn Conservative Saanich—Gulf Islands, BC
We believe, on reviewing her response and all the information before us, that she did not fulfil her executive responsibilities as CEO and president of the Canadian Nuclear Safety Commission. In fact, it is the position of this government that that position is at pleasure.
Conservative
Liberal
David McGuinty Liberal Ottawa South, ON
Thank you, Mr. Chair.
Following on the comments made by Ms. Doyle about the GIC, in a previous life I used to be a GIC appointee. I know a little something about the rules of discharging GIC responsibilities and removing GIC appointees.
I want to point to a letter that you were sent directly by Linda Keen on January 8, eight days ago. Here are some of the operative paragraphs she has quoted to you. She said basically that your comments concerning the NRU reactor are examples of improper interference with both the institutional independence of the CNSC and with the administration of justice. She says the independence of quasi-judicial bodies like the CNSC have a fundamental element of independence, and that includes the security of tenure for members.
She says that courts throughout Canada have given voice to this important principle, which provides that tribunal members cannot be capriciously removed from the office because of decisions made by them in the discharge of their duties. She says that because of that, permanent members of the commission hold office during good behaviour and may only be removed for cause. She is also saying to you that she was advised that a permanent member cannot be removed from the office of president without cause. She says your letter does not contain a single allegation of personal misconduct on her part or even any allegation that her actions fell below expected performance standards. Then she goes on to say that in the seven years since she was first appointed, no allegation has ever been made that she failed to execute the duties of her office. Moreover, she says she has chaired both the international convention on nuclear safety and the heads of administrative tribunals forum, and this points to the support and respect she has earned from her peers and colleagues all over the world.
I ask you again, following up on my colleague's question, can you give Canadian people who are watching, Minister, the specifics under the law? Why have you decided to fire Linda Keen? What are you relying on now, when she clearly has you in a corner, hasn't she?
Conservative
Gary Lunn Conservative Saanich—Gulf Islands, BC
No. In fact, Mr. Chair, the former president and CEO of the Canadian Nuclear Safety Commission has lost the confidence of the government in fulfilling her executive responsibilities in that role. We believe it was incumbent upon us to make the change, on reviewing the facts and on reviewing her response. In fact, we have made that decision.
The government's position is that the designation as president is in fact held at pleasure.
Thank you, Mr. Chair.
Liberal
David McGuinty Liberal Ottawa South, ON
I know that my colleague Mr. Alghabra has a question, but I'm going to ask again for the record, what evidence specifically are you prepared to table in this committee for Canadians to justify your decision to fire Linda Keen?
Conservative
Gary Lunn Conservative Saanich—Gulf Islands, BC
Mr. Chair, we believe, and the evidence is there, that she did not execute her executive responsibilities in her role as president and CEO of the Canadian Nuclear Safety Commission regarding the events surrounding the medical isotopes issue, and in fact our government has acted accordingly.
Conservative
The Chair Conservative Leon Benoit
I will go to Madame DeBellefeuille, but before I do that, I would like to say that the clerk has received an e-mail from Mr. Cameron. He just called to say that the statement I read was authorized by Ms. Keen. So you have your answer to that.
Mr. Anderson, on a point of order.