Mr. Speaker, I rise today on a matter of privilege. The background and the facts of this matter are set out in the ninth report of the Standing Committee on Government Operations and Estimates, which was introduced into the House this morning, and also in the fifth report of the same committee, which was tabled in the House in the month of June.
I am speaking today not simply as an individual member of the House, but in some way representing the members of the entire Standing Committee on Government Operations and Estimates and also the subcommittee of that committee which reviewed this matter. I speak on behalf of those members in reporting this matter today and proposing what I will propose.
I want to remind you, Mr. Speaker, that the report of the committee was adopted unanimously by the committee before it was presented to the House. I say that to indicate that in the event there is some allegation or sense of partisanship inappropriate to a procedure of this nature, I can say, as one member, and hopefully the unanimous adoption of the report will show it and manifest it, that there has been no partisanship. It is an exercise in fulfillment and in support of the institutions of this House. It is a matter which we believe we were obliged to report to the House and which we are now obliged to deal with it.
I want to indicate the substance of the matter, it is an alleged contempt. The alleged contempt is outlined in the report.
First, I direct the chair's attention to paragraph 1.15 of the ninth report, tabled this morning. It is important for me to read the three paragraphs of this and then three other paragraphs, if I may have the time of the House to do that. It reads:
Several key conclusions emerging from this testimony, and presented in detail in the Committee's fifth report, were contradicted by individual witnesses. The conclusions were:
- (a) A letter, originally sent by the previous Privacy Commissioner [Mr. Radwanksi] to the Deputy Minister of Justice on August 2, 2002, was reprinted with one of the original paragraphs removed, and then date stamped with the August 2, 2002 date of the original. This was done in response to a direction from Mr. Radwanski, then-Privacy Commissioner.
(b) The falsified letter was included in a package of materials provided to the Committee covered by a letter signed by the Executive Director, Mr. Julien Delisle, and dated March 21, 2003
(c) The cover letter did not indicate that the falsified letter had been altered, but described it simply as “Copy of a letter of August 2, 2002 (Radwanski-Rosenberg) concerning the report of the Access to Information Review Task Force.”
The committee itself has reached a conclusion that the facts were otherwise than that put forward by the then privacy commissioner. I want to read three paragraphs from the report of this morning which itemize reasonably succinctly the nature of the alleged contempt. It states:
2.3 The version of events provided to the Committee by Mr. Radwanski in June of this year departs in several important ways from what actually happened, as summarized in the “Background” section of this report.
2.4 First, Mr. Radwanski denied that he had provided, or caused to be provided, the falsified letter contained in the March 21 information package. He described this as the result of a misunderstanding between Mr. Radwanski and his Chief of Staff, during telephone conversations necessitated by the fact that Mr. Radwanski was in Vancouver on March 21, 2003, when the package was being finalized. Mr. Radwanski claimed that his intention was that the paragraphs of the letter, excluding one paragraph omitted because it was confusing, were to have been used in the preparation of a briefing note.
The committee believes that is not an accurate representation of the facts.
Second, paragraph 2.5, states:
2.5 Second, Mr. Radwanski has argued that, on the copies of expense claims forms provided to the Committee, names were blacked out in order to safeguard the privacy of individuals. However, he denied any knowledge of the whiting out of information
The committee has concluded that information on documents provided to the committee was whited out, in particulars, as cited in the report.
Paragraph 2.6, states:
2.6 Third, Mr. Radwanski has denied that he made remarks of a threatening nature to employees, relating to the future career of anyone who had been disclosing information about practices at the OPC.
The committee has concluded that this position of the former privacy commissioner is also not based in fact.
I point out that the committee has concluded unanimously in its report that there was a contempt of the House at the committee. However, as all members know, only the House can find a contempt, not a committee. That is why the matter is being brought to the House at this time.
I invite you, Mr. Speaker, to conclude, based on the report, that there is a prima facie basis for a contempt allegation and to conclude this so the House may proceed to dispose of this matter in a fair and expeditious manner. I believe you will find prima facie contempt, given that the committee has unanimously concluded there was a contempt. The particulars, we believe, are adequately outlined. We regret this procedure was necessary. We felt it necessary to do so.
If you find, Mr. Speaker, that there is a prima facie case today, I am prepared to move the appropriate motion to dispose of this. I recognize that the House has not proceeded in this fashion for some 90 years, almost a century, and we should choose our way carefully, again in a way that is expeditious and fair.
I put that today, Mr. Speaker, hoping you will conclude that and allow the House to proceed to consideration of the motion.