Evidence of meeting #57 for Public Accounts in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was rcmp.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Commissioner Paul Gauvin  Deputy Commissioner, Corporate Management and Comptrollership, Royal Canadian Mounted Police
Commissioner John Spice  Assistant Commissioner (Retired), Royal Canadian Mounted Police, As an Individual
Keith Estabrooks  As an Individual
Sergeant André Girard  Staff sergeant, Criminal Intelligence & Analysis Section, Royal Canadian Mounted Police
Pierre Lavoie  Superintendent (Retired), Royal Canadian Mounted Police, As an Individual
Steven Chaplin  Principal Parliamentary Counsel (Legal), Office of the Law Clerk and Parliamentary Counsel, House of Commons
Ron Lewis  Staff Sergeant (Retired), Royal Canadian Mounted Police, As an Individual
Bernie Corrigan  As an Individual

3:30 p.m.

Liberal

The Chair Liberal Shawn Murphy

I would like to call the meeting to order, welcome everyone here, and ask all those with cameras to leave the room.

On behalf of the committee I want to extend to everyone here a very warm welcome. This is a continuation of the committee's hearings into chapter 9, “Pension and Insurance Administration, Royal Canadian Mounted Police”, of the November 2006 report of the Auditor General of Canada.

We have with us today, from the Royal Canadian Mounted Police, Paul Gauvin, deputy commissioner, corporate management and comptrollership; and André Girard, staff sergeant, criminal intelligence and analysis section.

As individuals we have Keith Estabrooks; John Spice, assistant commissioner (retired), Royal Canadian Mounted Police; and Pierre Lavoie, superintendent (retired), Royal Canadian Mounted Police. There are others, too, who may be called up, depending on circumstances.

Before we ask for opening comments, I understand, Mr. Christopherson, you have a point you want to make.

3:30 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Thank you, Mr. Chairman.

On a point of privilege, I don't feel right about letting this go by. In light of the fact that we're either in the final process of or we've just concluded a report on leaks, and given that the government has decided that leakers need to be handcuffed and marched out of their workplace, I don't think it can be left untouched that somebody on this committee decided that it was more important for them to get some media. As a result, in the Friday paper after our in camera meeting, the reporter says in part of this.... And I don't fault the reporter; he's doing his job. But ours is also to respect the confidentially of matters we enter into. That's what we tell bureaucrats they have to do. It's much of the ethics we're talking about when we're dealing with our RCMP officers.

It says right here, “However, sources said the panel has decided to call back...” and it listed names. And if anybody wants to suggest that was public and available from the minutes that were posted, to the best of my knowledge they were posted on Friday at 3:50 p.m., which would be the afternoon of the morning of the day that the report was published.

Mr. Chair, people don't have to respond if they don't wish. I was very strong about this in subcommittee. I've calmed down a bit, but I'm not going to just let it go without commenting that at the end of the day, it makes members of this committee--some members--hypocrites. You cannot say to people who work for the people of Canada, through the Government of Canada, that you cannot release confidential information when that's part of your job. We're not talking about whistle-blowers identifying things that are wrong and protecting them and getting that out. We're talking about people whose job it is to maintain confidentiality, and if we don't stand by those standards respecting each other's rights and privileges, then what right do we have to stand on Parliament Hill and pontificate that everybody else has to meet that standard?

Mr. Chair, we can do better. We have to do better, or this committee will not have the moral ground to do the work we do. I'm asking colleagues to please show a little more respect when we give confidence and give our word, particularly to each other, if making your word publicly isn't enough.

Thank you, Mr. Chair.

3:30 p.m.

Liberal

The Chair Liberal Shawn Murphy

Thank you, Mr. Christopherson.

Mr. Williams.

3:30 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

Thank you, Mr. Chairman.

I just want to say that I support everything my colleague Mr. Christopherson says. I was astounded to read this article in the Globe and Mail and the amount of confidential information it divulged.

I am quoted in the article because Mr. Leblanc asked me to give him some background and context for an article he was writing. At the end, he told me what he knew, and I was astounded to know what he already knew. It seems, if I read this article properly, Mr. Chairman, it says, “The Library of Parliament report said...”, and it would appear that he actually had a copy of the report from the Library of Parliament that we had given to us confidentially.

The rules are that deliberations and matter within an in camera meeting are in camera. The results of that can be made public, a motion passed and so on. But we all talked about the need for confidentiality on this particular file at the same time we're discussing a report on leaks--at the very same time, Mr. Chairman, which adds insult. The irony of it is just incredible.

I think, Mr. Chairman, that you should poll all the members of the committee to see who released the report and who talked to media. Yes, I talked to Daniel Leblanc, strictly on a background contextual situation. I say that, but somebody else was quite specific, giving names, quotations, and, I suspect, the report. I think, Mr. Chairman, that we should poll everybody and ask, “Was it you?”

And I just said it wasn't me.

3:35 p.m.

Liberal

The Chair Liberal Shawn Murphy

Well, Mr. Williams, I'm not sure we have time to deal with it today. But I want to reiterate some of the comments Mr. Christopherson has made and some of the comments you have made.

This is something we take very seriously. Anything that's said in an in camera meeting is not to be disclosed outside the meeting, to the media or anyone else for that matter. The person who moves a motion, discusses a motion, votes on a motion.... These are items that are the very reason we went in camera. If we didn't do that we wouldn't be bothered with going in camera.

Obviously somebody did provide the reporter in question with a copy of the report we had produced by the analyst. That was to be discussed in camera, as we all know.

This committee, I should point out, has dealt with this previously. We had a very similar incident three or four years ago. The previous member for Toronto--Danforth disclosed items that were in camera and we reported that to the House.

Again, this is very serious. I'm disappointed it happened.

Ms. Sgro.

3:35 p.m.

Liberal

Judy Sgro Liberal York West, ON

Just to follow up with my colleagues, I was appalled to get a call on Friday asking for comment on a confidential meeting that we had. I refused to even entertain to pick up the phone.

If this committee can't lead by having respect for each other and the important issues we're dealing with, then I don't know what committee has.... I'm not sure what actions you can take to follow up on this, but it's not acceptable. Frankly, I think it jeopardizes our ability to get the job that we are expected, as Canadians, to do.

3:35 p.m.

Liberal

The Chair Liberal Shawn Murphy

Mr. Wrzesnewskyj.

3:35 p.m.

Liberal

Borys Wrzesnewskyj Liberal Etobicoke Centre, ON

I want to concur with Mr. Christopherson. I was quite surprised when I realized what the questioning was about and the amount of detail the journalist had. By including who voted and how, obviously someone had provided a great amount of detail to the journalist.

Obviously this needs to be addressed, as he said, but perhaps at a different time.

3:35 p.m.

Liberal

The Chair Liberal Shawn Murphy

Monsieur Laforest.

3:35 p.m.

Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Mr. Chairman, it was fairly surprising to read about that situation in the newspaper, especially since we discussed the matter at length and debated the motion. I know, since I replaced another member on the Procedure Committee last week, that all four parties are discussing this situation. It not only happened here, at this committee, but also at several other committees. It really is something all members of Parliament who sit on committees are concerned about. I think we will have to look at the situation very carefully.

Thank you.

3:35 p.m.

Liberal

The Chair Liberal Shawn Murphy

I propose to put it on the agenda for the steering committee at the next meeting.

I'm now going to go to the agenda, and I'm going to call for the opening comments.

Mr. Gauvin.

Excuse me. Before we do, it has been the practice of this committee to swear in the witnesses. I'm going to instruct the clerk to do so now.

3:35 p.m.

Deputy Commissioner Paul Gauvin Deputy Commissioner, Corporate Management and Comptrollership, Royal Canadian Mounted Police

I, Paul Gauvin, do swear that the evidence I shall give on this examination shall be the truth, the whole truth, and nothing but the trust, so help me God.

3:35 p.m.

Assistant Commissioner John Spice Assistant Commissioner (Retired), Royal Canadian Mounted Police, As an Individual

I, John Spice, do swear that the evidence I shall give on this examination shall be the truth, the whole truth, and nothing but the truth, so help me God.

3:35 p.m.

Keith Estabrooks As an Individual

I, Keith Estabrooks, do swear that the evidence I shall give on this examination shall be the truth, the whole truth, and nothing but the truth, so help me God.

3:40 p.m.

Staff Sergeant André Girard Staff sergeant, Criminal Intelligence & Analysis Section, Royal Canadian Mounted Police

I, André Girard, do swear that the evidence I shall give on this examination shall be the truth, the whole truth and nothing but the truth. So help me God.

3:40 p.m.

Superintendent Pierre Lavoie Superintendent (Retired), Royal Canadian Mounted Police, As an Individual

I, Pierre Lavoie, do swear that the evidence I shall give on this examination shall be the truth, the whole truth and nothing but the truth. So help me God.

3:40 p.m.

Liberal

The Chair Liberal Shawn Murphy

Thank you, gentlemen.

Mr. Gauvin.

3:40 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

Mr. Chairman, I have a copy of Mr. Gauvin's opening statement. It seems to be ten pages long, plus attachments. We normally limit it to about five minutes. It's going to take half an hour to read and digest this.

3:40 p.m.

Liberal

The Chair Liberal Shawn Murphy

Yes, you're correct, Mr. Williams, although on instructions from the committee, we have been giving some of the witnesses leeway.

Mr. Gauvin, we'll allow you to continue, if you can try to conclude it in six or seven or eight minutes. I know it is a very lengthy statement. Don't forget, it is part of the record, and we'll all read it.

3:40 p.m.

D/Commr Paul Gauvin

Thank you, Mr. Chairman.

I wish to take this moment to address the supreme efforts that have been made and continue to be made during these committee meetings that can only be perceived as attempts to discredit me and put into question my integrity by way of misleading testimony, allegations, and assertions that are seemingly being accepted without any efforts to ensure their veracity.

In the interest of fairness to me, I wish to address certain comments and allegations that have been made during the course of the recent committee meetings, namely, April 16, 18, and 30.

At the committee meeting on April 16, Mr. Wrzesnewskyj questioned Commissioner Zaccardelli whether a former chief financial officer for the RCMP, Mr. Gordon Clark, had advised him I had a book with the record of all requests he had made to me that were improper and illegal. This second-hand allegation by Mr. Clark is unfounded and completely without merit. I have been privileged to serve deputy ministers in some of the largest and most complex departments of our government, such as Employment and Immigration Canada and Transport Canada. As well, I've equally had the privilege of serving three RCMP commissioners: Mr. Murray, Mr. Zaccardelli, and Ms. Busson. All these individuals exemplified dedication and professionalism and at all times our working relationship was based on mutual respect and trust.

I wish to state without any ambiguity that at no time did I keep a book or any type of record containing requests I considered to be improper or illegal. Further, I want to make it equally clear that at no time did I receive either illegal or improper requests from any of these persons. I should add that Mr. Clark retired from the RCMP in the mid-1990s. I was appointed chief financial officer in November 1999. I have only met Mr. Clark at RCMP functions on a very limited basis over the past seven years. Since Mr. Clark and I never worked together, it is unclear how he would be sufficiently informed to allege anything about my conduct and why this allegation should be given any weight.

Suppression of ATIP request: At the committee meeting on April 18, a motion was passed to the effect that retired RCMP Sergeant Keith Estabrooks was to appear before the public accounts committee and that he should bring along all relevant documents and files that indicate the suppression of access to information requests by Mr. Gauvin. The committee member who proposed the motion, Mr. Wrzesnewskyj, referenced seven numbers that purported to involve the pension fund investigation. As chief financial officer, I have no line authority for access to information and privacy. That branch reports directly to the assistant commissioner, public affairs and communications, not to the chief financial officer.

Further, RCMP policy states that only the access to information and privacy branch has the authority to exempt information in RCMP records and that exemptions are applied on a case-by-case basis by the OIC access to information branch.

I should also add that although I did request of the committee's chair that I be allowed to view the documents that are said to support this allegation, no access was granted. Regardless, I am confident that whatever records might exist contain no evidence to support this allegation, since it is without foundation.

On file number 3951-3-02914/05: I confirm that a request for that file was sent to my office from the access to information and privacy branch on March 14, 2006. I also confirm a response to that request on March 21, 2006. I should emphasize that the initiative to send this file originated within the ATIP branch and not me, as implied by Mr. Estabrooks. In my March 21, 2006 response, I provided my opinion for the consideration of the ATIP officials regarding the potential impact of releasing specific personal information relating to the OPS investigation. My opinion was, and it remains today, that the release of information that I perceived to be personal information pursuant to the Privacy Act could result in a breach of the act.

It was equally my concern that such a breach could result in civil litigation against the RCMP. As the process as to whether internal discipline should be applied to the individuals concerned was ongoing, disclosure of personal information could have highly prejudiced these individuals. To be clear, I was not one of the persons who was subject to discipline.

Legal opinions from RCMP legal services pertaining to the release of personal information: As it turned out, the RCMP legal services had conducted a preliminary review of this particular file as well as a more detailed review resulting in their opinion, and there would be privacy concerns regarding the release of the information that was being requested.

Although I did provide my opinion when asked for it, it was the OIC ATIP branch who ultimately determined what information should or should not be vetted. I have no additional knowledge of the decision-making process within the ATIP branch associated with this file.

I'll skip the next part in the interest of time, and I would like to go to page 7 of 18. The only information that I sought were the titles for seven individual file numbers in order to determine what, if anything, I could recall about these files, including whether my opinion had been sought on them.

I was advised by Inspector Cowan that when he arrived at the access to information and privacy branch, he was escorted into the office by Corporal Kent Swim, who introduced him to Corporal Lee Duchesne. Inspector Cowan spoke to Corporal Duchesne in person, then to Sergeant Jeff Hurry by phone. However, neither of them was able to provide the information that Inspector Cowan was seeking on my behalf.

These officers did, however, offer to try to reach an authorized official who might be able to respond to Inspector Cowan's request, and he returned to my office to report on these developments.

In total, he was in the ATIP branch for approximately ten minutes. All I was looking for from the ATIP branch was the titles of the files. All I had at the time were numbers, which had been provided to me late in the day.

I will not talk about Inspector Cowan's presence in the ATIP branch unless you have questions on it, and I'll be pleased to reply.

In terms of missing documents, Mr. Estabrooks stated:

When I went back to work part-time, as a casual employee, I was asked to look at the pension file again by Corporal Luc Poulin, and he suggested that I take a look because I was familiar with all these files. When I was going through the files, I noticed there were documents missing that I had written, with no rhyme or reason as to why they would be missing. The typed memos I had put on were there, but there was a particular one I had handwritten, which I have brought with me. It's not in the file that we can find. I kept a copy of it when I left. When I retired I kept my notes. I've gone through them. I have a photocopy of the A5, which has been translated for the House.

It appears that a conspiracy theory is being promoted and fuelled by rumour and innuendo, and that Mr. Estabrooks has been feeding the member from Etobicoke false information regarding my alleged suppression of access to information requests.

Any such allegation is totally false, as is any allegation of inappropriate behaviour by Inspector Cowan.

It is unclear whose interest Mr. Estabrooks is serving in addition to his own. His unwarranted and vindictive attacks on my character and integrity appear to be accepted by the committee without any attempt to require him to adequately prove or substantiate what he is saying.

3:50 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

Point of order.

3:50 p.m.

Liberal

The Chair Liberal Shawn Murphy

Mr. Williams.

3:50 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

I'm getting more than a little concerned and upset about the innuendoes and accusations and character assassinations that go on. First they were by the members of the committee, and now they are by the witnesses.

We're here to gather the facts. I'm reading this statement by Mr. Gauvin. It is a rebuttal of previous testimony. We're into the old “he said, she said” stuff. We're here to find the facts and hold people accountable. That's our responsibility.

To listen to these accusations and character assassinations of other people who are not even at the table, under parliamentary privilege I take serious objection, Mr. Chairman, and you should just shut it down when you hear it.

3:50 p.m.

Liberal

The Chair Liberal Shawn Murphy

Mr. Gauvin is almost out of time anyway.

Mr. Gauvin, I'll give you another thirty seconds. Before you continue, I want to mention that in your last paragraph you just made a statement that certain items appear to be accepted by the committee. That's not true. The committee has not accepted anything. We're just hearing testimony here.

Perhaps I'll give you another thirty seconds to conclude, and then we'll move on to questioning.

3:50 p.m.

D/Commr Paul Gauvin

I'll go to the end.

Sergeant Frizzell.... At the committee meeting on April 7, Sergeant Frizzell stated: “What I found Mrs. George referenced in her letter was that $540,000 had been paid back, plus interest, though Great West Life sent the cheque for $578,000...there's a little thing of a missing $36,000...”.

I think this is the important part, and I particularly want to table this with the committee. What I would like to do is present this, and I have attached it at the end of my statement. I think this is very important for the committee, and I'll stop there.

First of all, we got a cheque for $579,942.48. That amount, when we received the cheque, we credited the pension plan for $540,327.36, which is where it should have been. In addition to that, there was interest: $1,792.21. We also credited the pension account. The other $37,000—it was $37,822.91—that was for GST, and we credited the GST account where it should have been credited.

So I particularly want to emphasize that there is no money missing. It was a transaction that should have been done as we received the cash, and it was done. I think it's an important point, because members of the committee and others outside—not members of the committee, but people—have called about the missing $37,000, and I particularly want to lay on the table that there is no money missing. The $37,000 was always there, and it was credited to the proper account, which was GST.

Thank you very much.