Evidence of meeting #134 for Public Accounts in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was cbsa.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Diane Daly  As an Individual

2:55 p.m.

As an Individual

Diane Daly

The correction I should make is that my former director general and my senior director were at that meeting. It's not two directors general, just to be clear.

On December 15, my director general had been on vacation. She insisted that the title of the meeting be “Meeting with CBSA”. I have in writing, from an ATIP, that they had started receiving information from CBSA on December 11, I think it was. They had asked that I attend this meeting because it was extremely important. It was on a Friday, if I'm not mistaken. She called me and told me I had no choice but to go. I went because she was my director general. Again, I'm a mid-level to low-level employee.

If you listen to the tape—I'm going to provide a copy because Mr. Brock asked for it—you will hear for yourself that she says, “Oh, Diane, Diane, are you being threatened? Oh, do you feel intimidated?” She said, “Well, we can attend that meeting with you, but you have to go. It's not an option.”

3 p.m.

Liberal

Jean Yip Liberal Scarborough—Agincourt, ON

You had to go, but it's not the same as asking you to give false testimony. Is that right?

3 p.m.

As an Individual

Diane Daly

[Inaudible—Editor] said is, “They have created....” I can actually quote from the tape if you'd like.

3 p.m.

Liberal

Jean Yip Liberal Scarborough—Agincourt, ON

That would be great. Thank you.

3 p.m.

As an Individual

Diane Daly

Let me find that. You'll have to bear with me because it's several pages long.

3 p.m.

Conservative

The Chair Conservative John Williamson

Ms. Yip, if you're agreeable, I'll stop the clock. I'll give Ms. Daly a few seconds to find it, but I'll stop the clock for you so it's not cutting into your time.

3 p.m.

As an Individual

Diane Daly

I do have that, Ms. Yip.

The Chair Conservative John Williamson

The floor is yours, Ms. Daly.

Ms. Yip, you have about two minutes and 20 seconds left.

3 p.m.

As an Individual

Diane Daly

“They're investigating two individuals—not you—within the organization. As part of the story, because you're involved, your name pops up many, many times, but there are no—not necessarily in some of the stories that they're developing—there's holes, and there's not necessarily documents that are associated to those holes. So they need, and unfortunately, you have an obligation to respond, and we'll get to how we're going to support you, because we're going to have to respond. They will need to interview you and to fill in those gaps in information that they have in the story. Can I just say that? Yeah.”

I said, “So the information I have via email from CBSA clearly states it's an option.” “Why? Really?” “Yes, so it's an option.” I said, “Respectfully, I decline.” “Okay, I didn't know that.” “I have it in writing,” is what I replied to her. “Okay, I'm very uncomfortable with who they are and they”—my former DG and my former senior director or executive director at the CBSA, Antonio Utano and Cameron MacDonald, who were at OGGO—“are honest, transparent, integrous people. I worked with Cameron when he worked at Public Works, for instance. You can ask anyone in real property who he was.”

I say about Ms. Dutt, in answering a former committee member's question, this woman came to OGGO with these things. I don't even remember her name. It was a name on a task authorization, by the way. This was a TA amongst many TAs. That was in The Globe and Mail, me asking for somebody who had already been paid to pay this person, which was perfectly fine.

“Tom and I discussed that,” is what the DG said. I replied, “Yeah, so I try and do the best by everybody. I'm telling you, I'm advised that I know that Minh Doan was known in the IT group.”

Minh Doan, I was told, by the way, decided to go with GC Strategies. I don't know that for a fact, which I informed the CBSA of in my email. I said, “They asked me to reconsider, and I did not respond after I had already made a fulsome statement.”

My DG said, “As an option, you know what, Diane? I'm not going to argue with you. Would you be comfortable sharing the information?”

She said, “Well, I think, like, first of all, I think it would be fair, I do not...what I was going to suggest to you today—and this is all new information that was presented as an option to you—was that we as your employers support you through the process. We would be there to make sure you don't feel like, I don't know, like a fish in a crocodile pond when you're interviewed by the CBSA. They're just doing their job, is how they [Inaudible—Editor] information got presented to me and Tom. Like, they have a job to do. They're the equivalent of the departmental oversight branch.”

“The departmental oversight branch does internal reviews here within the department. This is what they were doing there. However, given the profile of this file, and I'm sure you've responded to audit questions before in your career as a public servant, this feels different.” I said, “I can just imagine they are a police force unto themselves, so I do not trust what they have to say, to be clear.”

“Okay, so in order to make you feel comfortable, what I'm going to suggest to Michel is that one of us management sits with you through this process, because the way things were presented to me, despite what they wrote to you, was it's an obligation.

3 p.m.

Conservative

The Chair Conservative John Williamson

Ms. Daly, I'm going to ask you to pause it there. I think you have a lot more to say, but I do need to move on and try to keep some sense of balance here as well. If Ms. Yip has questions, she will come back to you, I'm sure.

Ms. Sinclair‑Desgagné, you have the floor for two and a half minutes.

Nathalie Sinclair-Desgagné Bloc Terrebonne, QC

Thank you, Mr. Chair.

Ms. Daly, have you been contacted by the Royal Canadian Mounted Police, yes or no?

3:05 p.m.

As an Individual

Diane Daly

No, I have not been contacted by the RCMP.

Nathalie Sinclair-Desgagné Bloc Terrebonne, QC

You have mentioned Ms. Dutt several times, whose company, Botler AI, was to receive a contract from the Canada Border Services Agency. When Ms. Dutt discovered that her signature had been forged so that her company would be forced to subcontract to GC Strategies or the joint venture between Dalian and Coradix, she mentioned this misconduct and said that you were aware of it. As a procurement officer, you should know that forging signatures is a criminal offence.

Why did you not raise the issue of misconduct at that time, Ms. Daly?

3:05 p.m.

As an Individual

Diane Daly

You'd have to refer back to the timeline I was there. I was at CBSA only until July 2022, if not June 2022. I believe, if I'm not mistaken—and I'd have to go back to the OGGO committee.... When did Ms. Dutt raise that specifically to CBSA?

Nathalie Sinclair-Desgagné Bloc Terrebonne, QC

I have the information in front of me. Ms. Dutt provided that information in 2021. So you were there, and she contacted you, unless everything was made up, which would be strange. The first allegation of misconduct was raised on September 27, 2021, and you were contacted by Ms. Dutt at that time. Why did you not report this case of misconduct?

You mentioned earlier that it wasn't your problem if someone became a subcontractor. For that to happen without their knowledge, however, their signature would have to be forged. You were made aware of this problem. Why didn't you mention it? Why didn't you bring it up?

3:05 p.m.

As an Individual

Diane Daly

First of all, I'd have to see the email that you are talking about. I don't recall receiving that specific email.

Nathalie Sinclair-Desgagné Bloc Terrebonne, QC

Ms. Dutt testified a long time ago before the Standing Committee on Government Operations and Estimates. All of that information is public.

We do have two conflicting accounts of the situation. You say that you remember that Botler AI became a subcontractor without its knowledge, but that you don't remember Ms. Dutt raising the issue.

3:05 p.m.

As an Individual

Diane Daly

Well, that's not true. Let me step back here. Let me explain things as I recall them. This seems to be confusing a lot of people.

My role was senior administrator. I received an email from my executive director that Ms. Dutt had sent asking for payment for two deliverables that had been delivered to the CBSA human resources branch. I called CBSA finance to find out whether Dalian, in a joint venture with Coradix, which was the contractor on record, had actually been paid. They confirmed they had. I said, “Well, why aren't you paying the people on the task authorization?” “Oh, well, GC Strategies”—I believe it was GC Strategies, but I could be wrong—“was supposed to pay them.”

I contacted GC Strategies to make sure they had the capacity and the fortitude to do the right thing and pay their subcontractor. Most PGs don't do that, just so you know. As Michael Mills said at OGGO, they don't get involved in the payment of subcontractors. That's not right. I like to make sure that people who deliver things get paid. That was what I was doing.

3:05 p.m.

Conservative

The Chair Conservative John Williamson

Thank you very much.

Mr. Desjarlais, you have the floor for two and a half minutes, please.

Blake Desjarlais NDP Edmonton Griesbach, AB

Thank you very much, Mr. Chair.

Ms. Daly, I find several instances of your testimony today troubling or creating gaps in some of the issues pointed out by the Auditor General. The Auditor General herself has suggested that CBSA officials—including, and potentially could be, you yourself, especially named by Mr. Firth to be you—were involved directly in forged signatures and even instances of failed résumés, or résumés that were forged for the purpose of ensuring that GC Strategies and any potential layers of subcontractors would be eligible for what was an IT contract, and presumably an important contract, that was supposed to ensure that Canada and taxpayers got the best outcome possible.

Was it ever a question in your mind that a two-person company like GC Strategies was maybe not the best fit for this? Did you ever at any point question how a two-person company in a basement could have even possibly been the prime contractor for such a massive project? Something isn't adding up.

3:10 p.m.

As an Individual

Diane Daly

Can I answer your question about TBIPS? Do you remember that I was talking about the TBIPS catalogue?

Blake Desjarlais NDP Edmonton Griesbach, AB

Yes.

3:10 p.m.

As an Individual

Diane Daly

That is only available to PGs who have access to something called the TBIPS catalogue or the centralized professional services system, CPSS. The separation between people who create the catalogue and those who should not be signing contracts for those same suppliers is part of this issue.

Blake Desjarlais NDP Edmonton Griesbach, AB

I understand that part—

3:10 p.m.

As an Individual

Diane Daly

I'm saying I had no access to that catalogue.