Mr. Speaker, I rise today on a question of privilege to address the matter of two ministers of the crown misleading this House.
On April 28, 2016, I gave notice, pursuant to Standing Order 39, of a written question seeking information regarding the use of rented limousines by ministers on official business.
Question No. 152 reads as follows:
With regard to government travel, for the period of November 3, 2015, to April 22, 2016: (a) which ministers have used rented limousines while on official business, within Canada or elsewhere; and (b) for each use identified in (a), what was (i) the date of the rental, (ii) the location of the rental, (iii) the nature of the official business, (iv) the cost of the rental?
The Department of Health responded to this question saying,
With regard to government travel, for the period of Nov. 3, 2015, to April 22, 2016, the Minister of Health did not use rented limousines while on official business, within Canada or elsewhere.
This answer was personally signed by the Minister of Health.
Likewise, the Department of Natural Resources replied, stating:
Insofar as Natural Resources Canada is concerned, the Minister of Natural Resources did not use rented limousines while on official business.
This answer was personally signed by the Minister of Natural Resources.
On page 15 of the 24th edition of Erskine May, it describes a contempt as follows:
Generally speaking, any act or omission which obstructs or impedes either House of Parliament in the performance of its functions, or which obstructs or impedes any Member or officer of such House in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results, may be treated as a contempt even though there is no precedent of the offence.
On page 77 of the second edition of Parliamentary Privilege in Canada, Joseph Maingot addresses the issue of privilege in this current context like this:
...any “report, paper, votes or proceedings” that are printed or published by order or under the authority of the House of Commons or Senate pursuant to s. 7, 8, and 9 of the Parliament of Canada Act are protected by absolute privilege when printed and published in toto, and by a qualified privilege when printed and published as extracts or abstracts.
Specifically to the issue of questions, he continues on page 80, saying:
Since two of Parliament's constituent elements, the House of Commons and the Senate, were established for the enactment of laws, those events necessarily incidental to the enactment of laws are part of the “proceedings in Parliament.” However, Parliament has also always been a forum to receive petitions, and the Crown's satisfying the grievances of Members before granting supply eventually led to straightforward requests for information. Therefore, the events necessarily incidental to petitions, questions, and notices of motions in Parliament in the seventeenth century and today are all events that are part of “proceedings in Parliament.”
On December 16, 1980, at page 5797 of Hansard, the Speaker ruled, and I quote:
While it is correct to say that the government is not required by our rules to answer written or oral questions, it would be bold to suggest that no circumstances 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....
The Minister of Health used an executive limo service called Executive Sedan Livery Service Inc. In response to the allegations that she misled Parliament, she explained to the Canadian Press on August 21, 2016 the following:
I don't want to get into the semantics of definitions of types of vehicles.... Again, in retrospect, we could have obviously been much more specific and clarified exactly what car service was used in some of my work.
The minister has admitted that the answer she provided the House regarding her use of car services omitted important details by saying that she could have been more clear. This omission, as Erskine May would argue, is a contempt of the House. My ability as a member to assess whether or not taxpayers are getting value for their money was impeded.
The Minister of Natural Resources signed off on a statement by his department saying he “did not use rented limousines while on official business.” However, he actually did use use a car service called London Limos, which provides “limo transportation and chauffeur services in Winnipeg, Manitoba, Canada” during the time frame in question.
The company boasts on its website that “As Winnipeg's favourite source for limo transportation services, London Limos offers premium personal transport services.” Semantics aside and simply put, the minister rented limousines and boldly and deliberately told Parliament that he did not.
On page 234 of the second edition of Joseph Maingot's Parliamentary Privilege in Canada, it states:
[In order for the Speaker to] find a prima facie question of privilege...an admission by someone in authority, such as a Minister of the Crown or an officer of a department, an instrument of government policy, or a government agency, either that a Member of the House of Commons was intentionally misled or an admission of facts that leads naturally to the conclusion that a Member was intentionally misled....
The Minister of Natural Resources has not denied the fact that he used a service called London Limos, yet he told Parliament he did not rent a limo. The Minister of Health has admitted to omitting important details when she responded to my question, information that would have led a reasonable person to conclude that she did indeed rent a limo.
For the record, lest there be an attempt to use wiggle room on the definition of a limousine, I submit the following definitions, which were compiled by an Ottawa area columnist. The definition of limousine according to the Merriam-Webster North American edition is “a very large and comfortable car usually driven by a professional driver (called a chauffeur)”. The Oxford Dictionary, also North American edition, states “A large, luxurious [automobile], especially one driven by a chauffeur who is separated from the passengers by a partition.” Also in the same dictionary, it states, “A car licensed to transport passengers in return for payment, typically more luxurious than a taxi and not fitted with a taximeter.” In the same dictionary it states, “A passenger vehicle carrying people to and from an airport.” Webster's dictionary states, “any large, luxurious automobile, especially one driven by a chauffeur”, and “a large sedan or small bus, especially one for transporting passengers to and from an airport, between train stations, etc.”
In conclusion, I have two more precedents to offer. Despite the fact that it is crystal clear to the opposition, the media, and the Canadian public that these two ministers rented limos, the ministers insisted on splitting hairs over the meaning of limos and whether or not they should have provided this information to Parliament. When it comes to providing accurate information to Parliament, these ministers have missed the mark and have come in well below the standards expected of them. These ministers must be held to account for their dismissive use of this place.
On March 21, 1978, at page 3975 of Debates, which is also referred in Maingot'sParliamentary Privilege in Canada, second edition, at page 227, Speaker Jerome quoted a British procedure committee report of 1967, which states in part:
...the Speaker should ask himself, when he has to decide whether to grant precedence over other public business to a motion which a Member who has complained of some act or conduct as constituting a breach of privilege desires to move, should be, not—do I consider that, assuming that the facts are as stated, the act or conduct constitutes a breach of privilege, but could it reasonably be held to be a breach of privilege, or to put it shortly, has the Member an arguable point? If the Speaker feels any doubt on the question, he should, in my view, leave it to the House.
On December 13, 2010, the member for Scarborough—Guildwood rose on a question of privilege with respect to the minister of international co-operation's deliberate misleading of the House with respect to a funding application to the Canadian International Development Agency and the insertion of the word “not” into a letter. The parliamentary secretary to the government House leader argued that it was not contradictory for the minister to state that, while she did not know who inserted the word “not”, it had indeed been done on her instruction. The Speaker ruled on March 9, 2011, and found that there was indeed a prima facie question of privilege. He noted that the sixth report of the standing committee had made available materials not previously before the House. He explained that he had taken its findings into consideration and measured them against other material, including statements in the House and answers to oral and written questions. He concluded that the information provided to Parliament by the minister had at the very least caused confusion. The ministers' answer to my question and their statements in the media have clearly caused confusion.
I have saved the final and most important detail for last. As you will know, Mr. Speaker, a question of privilege must be brought to the attention of the House at the earliest opportunity. In this case when the Order Paper questions were answered, I, like every member of this place, had every reason to believe in the truthfulness and accuracy of those documents. It was only during the summer months that a well-respected member of our parliamentary press gallery discovered, through an access to information and privacy request, that in fact the information provided by the ministers in question on the Order Paper was at odds with the facts clearly illustrated by the access to information and privacy request documents.
I raise this for two points. First, because of how I learned of the matter, I would like to point out that this is the very first opportunity I have had to raise this question of privilege in the House. The second and I think the most important point is this. If there is not a finding of privilege in this matter, then Order Paper questions essentially become meaningless, as they are essentially trumped by access to information requests. If we allow that to occur, then in essence we are collectively allowing an erosion of Parliament and eliminating one of the few tools of democratically elected members—and I mean this not only for opposition members but also for the members not in cabinet on the government side—that allow all of us collectively to hold the government to account. That is the main issue here at play.
The question we as parliamentarians have to ask is this. Are we going to allow the erosion of the one tool that we all can use to establish clearly the facts of a matter, that we can use to be able to do our jobs? I know for a fact that my constituents, all of the citizens in my riding, are counting on me to do my job. I know, looking at all of these members of Parliament here, that each one of you was sent here with a purpose to do your job as elected members of Parliament, whether you are in the government or not.