Mr. Speaker, I am pleased to speak today on behalf of the Bloc Québécois to this motion introduced by our friends in the Conservative party. I must disappoint my Conservative colleagues, however, and inform them that the Bloc cannot support this motion as currently worded.
I should say, at the outset, that the intent is good. At the end of the work of the Gomery commission, Quebeckers and Canadians and all the members of this House without exception, especially the opposition members, have been keeping a close eye on this Liberal government as the evidence coming out of the Gomery commission makes it increasingly clear that this is a corrupt party and that this government in any case no longer has the moral authority to govern.
All one needs to do is look at what went on about ten days ago, with all the deals leading to the non-confidence vote on the budget. This vote went down to a tie-breaker in the House of Commons. We saw the NDP literally being bought for $4.6 billion. Certain people could also be seen trying to buy Quebec and Canadian taxpayers with election promises coming out at a cost of a billion dollars a day. Finally, the cherry on the cake, the crowning achievement, was when they bought the ambitions and loyalty of the current member for Newmarket—Aurora, who was made a minister. They bought her loyalty for a position as minister.
We also saw the Prime Minister's attempts—successful in one case—to buy the vote of the independent member for North Surrey by means of very anti-Quebec remarks to the effect that it did not make any sense to associate oneself with the separatists and the Bloc Québécois to bring down the government. This argument had already been used to persuade the member for Newmarket—Aurora to join the ranks of the Conservative party.
I must say once again to my friends in the Conservative party that, basically, we agree with the principle that when Justice Gomery reaches the end of his inquiry, he should be able to state or make public the names of the people at fault and assign blame. However, we must also say that there is a problem with the wording of this motion.
We tried in good faith through informal negotiations to get the wording changed because to support this motion as introduced before the House would amount to rewriting the mandate of the Gomery commission. That could compromise the testimony that has already been given before Justice Gomery.
I am a lawyer. Anyone with a basic understanding of law will quickly realize that the rules of evidence, examination and cross-examination are not the same for civil and criminal proceedings. For that reason, the Bloc Québécois cannot support this motion.
The Bloc Québécois did not become interested in the work of the Gomery commission just last week or during the somewhat juicier testimony in Montreal. From May 2000 until now—that is, until yesterday—over 700 questions on the sponsorship scandal have been asked in the House.
This is further proof that, had it not been for the efforts of the Bloc Québécois members who have dogged this government, perhaps the sponsorship scandal might have gone in a completely different direction. It also provides my 53 Bloc colleagues with answers, during the next—hopefully very soon—election campaign, for anyone wondering what the Bloc Québécois does. The Bloc Québécois shook things up with regard to the sponsorship scandal. We were the ones who questioned the three Groupaction reports, each photocopy of which cost $550,000, and the outdoor shows where cronies received commissions. Since May 2000, the Bloc Québécois has been here with its questions. We did not wait for the Gomery commission to be established.
So we need to put things into context. It is important to know that the Gomery commission was created under the Inquiries Act, section 2 of which states that, “The Governor in Council may, whenever the Governor in Council deems it expedient, cause inquiry to be made into and concerning any matter connected with the good government of Canada or the conduct of any part of the public business thereof”.
So if Parliament wanted to amend the Gomery commission's terms of reference to allow the commissioner to name names and assign responsibility, an amendment would have to be made to the Inquiries Act, which dates back to 1985. As I said, we feel that acting on this Conservative Party motion, and changing the terms at this stage of the inquiry, would be tantamount to compromising its work.
If anyone needs convincing of that, they need only recall that I spoke on behalf of my party about how pleased we were with Justice Gomery's appointment. This is a man whom we have always considered to be a man of integrity, professionalism and attention to detail, and we still do. He seeks to find out the truth, what really happened in the sponsorship scandal. Justice Gomery is not far from his 73rd birthday and is not looking for any political appointment from the Liberal Party. He is doggedly continuing his work. One need only see him in action at the inquiry to realize the extent of his integrity.
I thought it was funny yesterday to see on the news that former Prime Minister Chrétien was thinking of deferring his call for Justice Gomery to step down. A good thing. One might well wonder who would be served by gagging the commissioner. His credibility is beyond question. If, however, his terms of reference were changed in mid-inquiry, someone could go back to the federal court and vitiate the entire process. That is not what we want. We want to know his conclusions as quickly as possible.
Commissioner Gomery has not held this inquiry in order to lay charges. That was not his mandate, in fact. We realize that the testimony heard will certainly be insufficient to enable the commissioner to name names. I want to make it perfectly clear that the Bloc Québécois' opposition to this motion must not be interpreted as a lack of interest in finding out which individuals committed illegal acts.
We hope that the RCMP and the Sûreté du Québec and the other police forces involved will lay charges over the course of proceedings.
This morning, Paul Coffin pleaded guilty to 15 charges of fraud against him. There will be an opportunity to identify the links between him and the Liberal Party of Canada.
The work of the Gomery Commission is based, to some extent, on a commitment. The witnesses are invited to reveal all in exchange for a promise that the judge will make no recommendations as to their civil or criminal liability. So, to alter this principle along the way would be to break the promise or fail to honour the commitment.
We also contend that the work of the Gomery commission would have been conducted very differently had the commissioner had the option of making recommendations on individuals' civil or criminal liability.
We in the Bloc believe that the Gomery commission's current mandate, albeit imperfect—its mandate could have been worded differently—is broad enough to provide an idea of the facts of the sponsorship scandal. The Bloc's priority is to have the judge submit his report as early as possible and be given all the latitude and calm he needs to do his work in peace.
Then, as I mentioned, the RCMP and the Chief Electoral Officer can intervene. If tainted money was used to finance the election campaign of Liberal candidates in 2000—Marc-Yvan Côté admits he disbursed some $120,000 of dirty money to Liberal candidates in eastern Quebec, which means they campaigned against us, against me, the member from the Québec City area—I hope that the Chief Electoral Officer will investigate. That does not mean no charges will be laid. The Department of National Revenue could also lay charges.
In the end, the Bloc believes it is up to the public to punish the politicians responsible for this scandal, on that side of the House—the past and current leaders of the Liberal Party. We must not forget there are still people involved on that side of the House—ministers, even. Even chiefs of staff of current ministers have been suspended, because they dipped into the sponsorship scandal.
It is a very partial gain, but because of pressure by the Bloc, we got the Liberal Party to set up a trust fund for tainted money. We still maintain that $750,000 in it is totally unacceptable and inadequate.
According to our calculations, the Liberal Party should put at least $5.3 million into the dirty money trust fund. So far no one has disputed that. We can provide a detailed calculation to the penny. It is not a number made up from our wishful thinking. We are proposing this number because the amount of $5.3 million was not just plucked out of thin air. This figure comes directly from the admissions and testimony at the Gomery commission. The government need not think we are satisfied with the $750,000 deposited in the dirty money trust fund.
Under the current conditions, not only does Justice Gomery not have the authority to initiate proceedings against the people involved, but, technically, he cannot name any guilty parties. Let us remember that the Gomery commission is a commission of inquiry, which means it can only make recommendations and does not have any real legal authority.
Indeed, section (k) of the terms of reference specified by the Privy Council under Part I of the Inquiries Act, stipulates that:
the Commissioner be directed to perform his duties without expressing any conclusion or recommendation regarding the civil or criminal liability of any person or organization and to ensure that the conduct of the inquiry does not jeopardize any ongoing criminal investigation or criminal proceedings.
I know that my colleagues from the Conservative Party could retort by saying that the wording of their motion stipulates that they want to amend section (k) of the terms of reference. I acknowledge that, but at this point it is far too late. We do not have a machine to travel back in time. A series of witnesses have already been heard. What do we do about that? Think about Joe Morselli, who appeared last week without a lawyer. If the terms of reference had been different, he might have made a different decision.
Think of the work by the commission prosecutors, Bernard Roy, Guy Cournoyer, Neil Finkelstein and Marie Cossette. The questions were at times very suggestive. I am not laying blame so much as making an observation. A Crown prosecutor questioning a witness with the intent to lay criminal charges does not use the same approach as a prosecutor in a commission of inquiry. There is a big difference.
The commission's work is based on a promise: witnesses are invited to make full disclosure, and in exchange the judge will make no recommendations on civil or criminal responsibility. Accepting the Conservative Party recommendation would be tantamount to compromising that promise in mid-inquiry.
On May 30, 2005, Justice Gomery stated the following: “—we are not in a court of justice and I must accept all manner of testimony for all possible sources—”. The rules on examination and cross-examination, on testimony, and on representation by counsel, are not the same as in a criminal hearing.
Since my time is just about up, I will conclude on this note: we in the Bloc Québécois consider that only the public can judge political responsibility. It has been made clear that there was political direction in the sponsorship scandal.
We have found that the present terms of the Gomery Commission are sufficiently broad to give some notion of the facts. We in the Bloc Québécois want to see Commissioner Gomery submit his report as quickly as possible, particularly since that report will surely be followed by an election. In fact, in his solemn address to the nation, the Prime Minister, virtually on the verge of tears, acknowledged that he had lacked firmness and control. He made a promise that, if it were proven that even $1 of dirty money had gone to help the Liberal Party, it would be paid back immediately. That is why we are telling him that a $750,000 trust is insufficient; it should be $5.3 million. The PM also made a solemn promise to call an election within 30 days of the date the Gomery Commission report is tabled, which is supposed to be December 15. Thirty days later, that is, on January 15, the Prime Minister should be calling an election to be held in February.
In the end, it is the public, the people of Quebec and of Canada, who will be the judges of political responsibility. I am certain that the people of Quebec, who were prepared a week or so ago and will be equally prepared this fall or next January, will know how to punish this Liberal government which no longer has the moral authority to govern.