Official Languages Committee on May 29th, 2008

[The Chair, Conservative, Steven Blaney]

Good morning everyone and welcome to the 35th meeting of the Standing Committee on Official Languages. This morning, pursuant to Standing Order 108(2), we proceed with the study of bilingualism within the Coast Guard.

I have a few points to submit to you, committee members. First, it will be recalled that the L'Acadien II tragedy occurred exactly two months ago today. Three investigations into that tragedy are underway: that of the Coast Guard, that of the Transportation Safety Board, which will be public, and that of the RCMP.

The purpose of our meeting is to examine the Coast Guard's linguistic obligations. The Joint Rescue Coordination Centre, which is managed jointly by the Coast Guard and National Defence, also intervenes in rescue operations. That is why we have a representative from that agency here this morning. But we will of course focus on the Coast Guard.

I have been informed that the Coast Guard has an audio excerpt of a conversation between Ms. Aucoin and the Coast Guard. Out of respect for the families and relatives, and as Ms. Aucoin is the mother of the fourth victim of that tragedy, a victim whose body has not been found, I've been asked that that part be heard in camera, with the consent of committee members, of course.

[Jean-Claude D'Amours, Liberal, Madawaska—Restigouche, NB]

Mr. Chairman, I would like to ask a question on that point.

[The Chair, Conservative, Steven Blaney]

Yes, Mr. D'Amours.

[Jean-Claude D'Amours, Liberal, Madawaska—Restigouche, NB]

Was it the Coast Guard or Ms. Aucoin who requested that we go in camera? Who asked that that excerpt not be public?

[The Chair, Conservative, Steven Blaney]

Ms. d'Auray, can you clarify that?

[Michelle d'Auray, Deputy Minister, Department of Fisheries and Oceans]

The recording was made by the people from the Joint Rescue Coordination Centre. We don't normally make those recordings public, except in an investigation for investigators, which is not the case here.

We requested Ms. Aucoin's permission to broadcast the recording for the purpose of the committee's business. She granted it to us. Under the Privacy Act, we had to request her permission before playing the recording. We asked her whether she preferred it to be broadcast in camera. She expressed her preference, but we also pointed out to her that the committee might not stick to her choice. Whatever the case may be, we nevertheless requested her permission.

[The Chair, Conservative, Steven Blaney]

Thank you.

Mr. Coderre.

[Denis Coderre, Liberal, Bourassa, QC]

Did she consent in writing? Did she sign a document to that effect?

[Michelle d'Auray]

Concerning the broadcast?

[Denis Coderre, Liberal, Bourassa, QC]

Yes.

[Michelle d'Auray]

We don't have a written document. We obtained her oral consent.

[Denis Coderre, Liberal, Bourassa, QC]

Second—

[The Chair, Conservative, Steven Blaney]

Do you want to address your questions to the Chair, Mr. Coderre?

[Denis Coderre, Liberal, Bourassa, QC]

This is a point of order. You've already given Ms. d'Auray the opportunity to answer. So she's acting as a witness. That's quite important.

Did Ms. Aucoin know that the conversation was being recorded when she received the call? Was she told that the conversation was being recorded?

[Lieutenant-General Marc Dumais, Commander, Canada Command, Department of National Defence]

I don't think so.

[Michelle d'Auray]

I don't believe that was the case. If you permit the recording to be broadcast, Mr. Chairman, you're going to hear the conversation. In an emergency situation, we can't tell the person that the conversation may be recorded.

[Denis Coderre, Liberal, Bourassa, QC]

Mr. Chairman, people's privacy must be respected. We have lawyer friends here. The fact that a person's conversation was recorded without her knowledge and that she subsequently learned that it had been recorded when she was asked for her permission to broadcast that conversation, even in camera, troubles me. I find there are serious problems with the Coast Guard's procedure. When you call a credit card company's message centre, for example, you are informed in advance that the conversation will be recorded to ensure good customer service.

[The Chair, Conservative, Steven Blaney]

Mr. Coderre, that's more a point... For the moment, I simply need unanimous consent to go in camera. I'd like us to continue. If there are no further comments, we'll decide the matter and we can proceed with the hearing of witnesses.

Mr. Godin.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Ms. d'Auray, you said that Ms. Aucoin had expressed a wish, but you didn't say what it was.

[Michelle d'Auray]

Pardon me, Mr. Chairman, I—

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Did she ask that it be in camera? Did she specify that she wanted it to be in camera? Is this troubling her or you?

[Michelle d'Auray]

I think we simply gave her that opportunity. She said she would like it, but we also explained to her that it wasn't for certain. She said she agreed in any case.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Did she agree to it being public?

[Michelle d'Auray]

Yes, it would be public if that was the committee's wish.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

If that was the committee's wish, she would agree.