Mr. Speaker, I rise on a question of privilege in regard to a very grave matter relating to information that I sought from officials at the Department of Indian and Northern Affairs.
A certain official at the Department of Indian and Northern Affairs, Mr. Jobin, deliberately misled me and subsequently deliberately denied me information. I will argue that the sum of these two deliberate acts constitute a contempt of Parliament.
On December 16, 1980, a Speaker made a ruling in regard to information to which a member of Parliament was entitled. The Speaker said: “It would be bold to suggest that no circumstance could ever exist for a prima facie question of privilege to be made where there was a deliberate attempt to deny answers to an hon. member”.
A Speaker in 1978 ruled a matter to be prima facie case of contempt where the RCMP were alleged to have deliberately misled a minister of the crown and the member for Northumberland—Durham resulting in “an attempt to obstruct the House by offering misleading information”.
On September 16, I was invited to a meeting with Mr. Jobin to receive a progress report on the Stony reserve in my riding. I brought along with me to the meeting citizens of the Stony reserve.
At one point in the meeting I was asked to leave by Mr. Jobin because he claimed that I was not entitled to certain information that he offered to the citizens attending. While there was unanimous written support for me to receive this information by the applicants in attendance, I was made to leave by Mr. Jobin.
The regulations from the department regarding information release, referred to by Mr. Jobin, state that information may be released if written consent is obtained from the applicant, which I had received.
The regulations also contain several circumstances where information can be released without consent. Point four on the form states one of those circumstances as “to a member of Parliament”.
I had both the authority as a member of Parliament and the written consent of the applicants to receive this information. Mr. Jobin deliberately misled and deliberately withheld the information from me.
I requested this meeting to obtain information which is directly related to the preparation of a question which I need to ask the Minister of Indian Affairs and Northern Development on behalf of the citizens of the Stony reserve. I have given notice to the minister of my intention to ask such a question.
Joseph Maingot's Parliamentary Privilege in Canada , on page 71 states:
—the events necessarily incidental to petitions, questions, and notices of motions in Parliament—are all events which are part of the “proceedings of Parliament.”
On page 72 there is a quote from the report of the Select Committee on the Official Secrets Act of 1939 which states that “a proceeding in Parliament covers both the asking of a question and the giving written notice of such a question”.
As I mentioned earlier, I have given the minister written notice of such a question and, unfortunately, I am afraid that I may not have the information necessary to follow through with this question.
In conclusion, I would like to address the issue of ministerial responsibility. I draw your attention, Mr. Speaker, to a Speaker's ruling of November 9, 1978, at page 966 of Hansard . The then Speaker said:
—I do not think there is procedural significance to the doctrine of ministerial responsibility, it appears that we are now embarking on a different course in having the House, through a question of privilege, reach around the minister and examine directly the conduct of an official—it seems to me are probably not procedural matters—
The Speaker did not consider ministerial responsibility a consideration when he determined there was a prima facie question of privilege in 1979. There is no procedural significance in this case either, Mr. Speaker, and I ask that you consider my points accordingly.
Mr. Speaker, I ask that you review these matters and if you find there is a prima facie question of privilege I am prepared to move the appropriate motion. It is difficult and literally impossible when you do not get the co-operation of the departments to be able to assist the constituents of your own riding, in this case the residents of the Stony reserve.