Madam Speaker, in relation to the question of privilege I raised earlier today. I have some important additional information that I would like to put on the record.
I want to put on the record an email exchange I had with a reporter today. This exchange began at approximately 3:20 p.m. It is in regard to the immigration levels plan that was tabled by the minister at approximately 4 p.m. today.
The exchange began with, “Hi, I'm hoping to connect with [the member for Nose Hill] this afternoon to get her reaction to the government's levels plan numbers and also to the fact the CBSA has been asked to step up its removals. Could she give me a call.” I responded with “Were the levels tabled today? I must have missed it.”
The exchange said, “Sorry no, but they will be. It would have happened by now but for this point of order. Just looking to set up a quick interview for after they are tabled.” I responded with, “Do you have a copy? I am happy to comment, but it would help to see them first.”
In addition to this email exchange, there was a follow-up phone conversation between my staff and the reporter, which occurred at 3:45 p.m., and again the minister tabled the levels plan at 4:00 p.m. This is a first draft transcription.
The reporter said, “I did just did get a little bit of a heads-up on what they were so that I could have something ready to move on the wire when it is tabled just in case.” My assistant said, “Oh okay I see.” “So that's where I was expecting that it would have been tabled by now but there's a point of order that obviously is taking up more time than usual.” My assistant said, “Okay I guess I will have to flip on the House in a second here but I'm so—okay, do you have some of the information and we're just kind of waiting now to see when they'll table it I guess.” Then the reporter said, “It's just kind of a continuation of what they did last year, like a three-year plan and it will go up to 350,000 in 2021.” I will note that a story was published that included details on the levels plan at 4:30 p.m. today.
I am also happy to provide the Speaker with copies of this information, if he so requests.
As you know, Madam Speaker, there is no provision for information to be given to journalists ahead of a member of Parliament and there are numerous precedents, particularly in regard to legislation. I will give one example. On April 19, 2016, the Speaker found a prima facie case of privilege after the leader of the opposition pointed out that specific and detailed information contained in Bill C-14 was given to the media ahead of the House and members of Parliament.
During that discussion, Speaker Milliken's ruling was referenced of March 19, 2001, when he said, “To deny to members information concerning business that is about to come before the House, while at the same time providing such information to media that will likely be questioning members about that business, is a situation that the Chair cannot condone.” In that 2001 case, my former colleague, Vic Toews, was called by a reporter for comment on a bill not yet tabled. He was embarrassed by the exchange. The facts in that scenario are identical to this situation. Again I would point out that this was business that was put in front of the House this afternoon with regard to the levels plan.
My colleague, the member for Milton, was also recently questioned by a reporter over information the journalist was given, but she was denied. The Speaker is still deliberating on that matter. Today, I have been put in that same position.
We have had two other rulings by the Speaker recently that I believe are relevant. On March 20, following a complaint from the hon. member for Abbotsford that the media and stakeholders received a briefing five hours before members on Bill C-69, an omnibus bill of 377 pages, this was the Speaker's comment on the matter, “there is a rightful expectation that those responsible for the information should do their utmost to ensure members’ access to it. Not respecting this expectation does a disservice to all. It is particularly disconcerting when the government gives priority to the media over the members of Parliament.”
Only one month later, on April 17, the hon. member for Niagara Falls brought to the Speaker's attention evidence that the CBC received information on Bill C-75 ahead of members, allowing it to post an article online only eight minutes after the bill was introduced. What the government did to the member for Niagara Falls with Bill C-75 I believe I have evidence that it has done the same thing to me, but concrete evidence that this was done ahead of it being tabled in the House of Commons with respect to the information contained in the levels plan tabled by the minister today. In the Speaker's ruling on this matter on May 7, 2018, the Speaker indicated how troubled he was that some of the members had an experience of feeling disadvantaged in their ability to fulfill their duties and that members should never have to even so much as wonder if they were not the first to receive the information from the government.
I have one final point. Given this pattern of the government on this matter and given that leaking information to the media has become part of its routine communication strategy, there comes a time, particularly when a government persists in behaviour that has caught the attention of the Speaker much too often, as I have just laid out, that another warning will not be good enough. Sometimes members deserve to be given the benefit of the doubt when they feel that their privileges have been breached. In this situation, I am again happy to provide concrete proof of the information that I have put on the record today.
There are precedents for this that I would like to offer the Speaker. In Maingot, second edition, Parliamentary Privilege in Canada, page 227, he states:
In the final analysis, in areas of doubt, the Speaker asks simply:
Does the act complained of appear at first sight 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...leave it to the House.
In a ruling of October 24, 1966, at page 9005 of Debates, the Speaker said:
In considering this matter I ask myself, what is the duty of the Speaker in cases of doubt? If we take into consideration that at the moment the Speaker is not asked to render a decision as to whether or not the article complained of constitutes a breach of privilege...considering also the Speaker is the guardian of the rules, right and privileges of the house and of its members and that he cannot deprive them of such privileges when there is uncertainty in his mind...I think at this preliminary stage of the proceedings the doubt which I have in my mind should be interpreted to the benefit of the member.
I am not being critical of the journalists in this regard, because I believe they were just doing their job. The problem I have is the minister tabled this afternoon a 43-page document. I am the shadow minister for citizenship and immigration. Immigration is a topic of great concern and consternation in the public at this point of time. The minister tabled a 43-page document. The media was given an advance copy of the information contained in the document and then I was asked for comment.
I understand that some members of the media might feel like this is routine proceedings, that somehow they should be given information so they can put a story out and be newsy. I would argue that it is the opposite. It is the job of the media to respond to deliberations of Parliament and that my right as a parliamentarian with respect to being able to digest and critically evaluate information that is put in front of the House supersedes the government wanting to have a positive communications strategy or any journalist wanting to sell a paper.
This is also something journalists should be asking themselves in terms of standards. Is it right to be publishing stories on a 43-page document and asking for comments when clearly they have had the information and a member of Parliament whose task is critically evaluating it and providing comment on it does not? I would argue no.
However, going back to my point of privilege. There is no manner by which any of our rules give journalists the right to have information prior to a member of Parliament. Therefore, I ask you, Madam Speaker, to find a prima facie case of privilege. I would ask, in your ruling, to understand how one can provide comment on a 43-page document on detailed immigration policy that affects the number of people that Canada will allow into this country and under what assumption when the journalists already have this. Why should they be given the right to review that information when I am not? That is wrong.
Therefore, I ask you to find a prima facie case of privilege, Madam Speaker. I believe it is there. Should you find such, I would be prepared to move the appropriate motion.