Mr. Speaker, I am pleased to submit a question of privilege concerning the intimidation by the director general of Civil Aviation, Merlin Preuss, a senior government official, towards witnesses that the Standing Committee on Transport, Infrastructure and Communities would like to hear in the context of its study of Bill C-6.
Greg Holbrook, the chair of the Canadian Federal Pilots Association, appeared before the Standing Committee on Transport, Infrastructure and Communities on February 21, 2007. A few days before Mr. Holbrook's testimony, Merlin Preuss called Mr. Holbrook's office and had a telephone conversation with Kathy Marquis, Mr. Holbrook's assistant, regarding the testimony that he was about to give before the committee. In an affidavit, a sworn statement, Ms. Marquis said that, during the telephone conversation, Mr. Preuss said to her:
Tell him that if he plans to have any Transport Canada employees with him, I will have an issue with it.
Additionally, regarding the telephone conversation, she also said:
My clear impression from the words and tone of Mr. Preuss' communication was that he wished to discourage Transport Canada Inspectors from testifying before the Standing Committee.
This is extremely disturbing, because under the circumstances, I believe that it constitutes a breach of parliamentary privilege. I would like to bring to your attention citation 865 in the 6th edition of Beauchesne, which reads as follows:
To tamper with a witness in regard to the evidence to be given before the House or any committee or to endeavour, directly or indirectly to deter or hinder any person from appearing or giving evidence is a breach of privilege. Corruption or intimidation is not an essential ingredient in this offence. It is equally a breach to attempt, by persuasion or solicitations of any kind, to induce a witness not to attend, or to withhold evidence or to give false evidence.
The situation is especially disturbing since this is not the first time Merlin Preuss, a senior official, has behaved in this way. As proof, I have attached two documents: an e-mail dated March 7, 2007 addressed to “DL OTT civil aviation group” regarding a study by the Auditor General—in this case, the Auditor General was asking officials for information—and a letter dated July 10, 2006 to Pamela Sachs of the Canadian Union of Public Employees concerning an appearance by officials before the Standing Committee on Transport, Infrastructure and Communities.
Chapter 3 of Marleau and Montpetit, which pertains to privileges and immunities, states on page 88:
—the intimidation of a committee witness was also found to be prima facie contempt by Speaker Fraser on December 4, 1992. The matter was referred by the House to the Standing Committee on House Management for consideration...In its report, the Committee reaffirmed the principles of parliamentary privilege and the extension of privilege to witnesses...“The protection of witnesses is a fundamental aspect of the privilege that extends to parliamentary proceedings and those persons who participate in them. It is well established in the Parliament of Canada, as in the British Parliament, that witnesses before committees share the same privileges of freedom of speech as do Members—”.
A few lines further on, the committee's report states:
“The protection of witnesses extends to threats made against them or intimidation with respect to their presentations before any parliamentary committee”.
This is essentially what Mr. Preuss has tried to do to various potential witnesses before the Standing Committee on Transport, Infrastructure and Communities and people whom the Auditor General has asked for information.
On page 863 of Marleau and Montpetit, chapter 20, “Committees”, it says:
Tampering with a witness or in any way attempting to deter a witness from giving evidence at a committee meeting may constitute a breach of privilege. Similarly, any interference with or threats against witnesses who have already testified may be treated as a breach of privilege by the House.
Mr. Speaker, I would draw your attention to this breach of my parliamentary privilege. I would also draw your attention to the fact that I am raising this matter at the earliest opportunity. I am aware that the facts I am alleging go back two months. Please allow me to explain myself.
Following the aforementioned events, the committee discussed the matter and passed a motion to call Merlin Preuss before the Standing Committee on Transport, Infrastructure and Communities. Mr. Preuss appeared before the committee twice. The first time was March 28, 2007, and the second was April 23. The record of the evidence heard at the April 23 meeting was provided to the members of the committee this morning. I felt it was necessary to have a record of all of the evidence given by Merlin Preuss, a senior official, before raising my question of privilege. As such, I did so without delay as soon as the evidence became available.
If you should find a prima facie case of a breach of privilege, I am prepared to move the appropriate motion.