Madam Speaker, I do hope to furnish the Chair with sufficient information that they do find a prima facie case of privilege in this case, and of course will await your ruling on once we have reached the threshold of exceeding concise.
I would like to reference an email from Craig Kielburger on the date that I was previously mentioning. It goes to the youth minister herself and it is found at page 50 of the Privy Council Office's documents that they deposited with the committee. It says:
Thank you again for your time Friday. We greatly appreciated you so kindly listening to our proposal of a 12-month social entrepreneurship training and support program reaching 8,000 young participants during the COVID-19 era and beyond. We appreciate your thoughtful offer to connect us with relevant members of your Ministry. Over the weekend our team has also been hard at work to adapt your suggestion of a second stream focused on a summer service opportunity.
With respect to her “thoughtful offer” and her “suggestion”, again, one would never have suspected such an active role of being a catalyst for WE's $900 million program, given the minister's oral testimony at committee. It is little wonder that she danced with her words.
Finally, there is Mr. Kielburger's 12:16 p.m. email to Christiane Fox at page 78 of the Privy Council Office records. Before quoting it, let me remind the House that Ms. Fox was, at the time, the deputy minister to the Deputy Prime Minister and she had, until shortly before, been the deputy minister for youth when the Prime Minister served as youth minister. Turning to the email, it states:
We are processing in our conversations to provide a national program to support youth employment, entrepreneurship, and service during COVID-19. Understanding you're aware of the program we've been developing alongside [the small business and youth ministers], allow me to humbly ask whether you'd be willing to share it with [the Deputy Prime Minister], [the then innovation minister, the member for Mississauga—Malton] and any colleagues you believe would be interested.
A co-development, the plot just keeps thickening. Far from the passive assertion made by the minister, it gets further and further away from the picture that the minister tried to paint for the two committees of this House last summer before the documents and before this evidence surfaced. It now falls to us to sort out what to do with this state of affairs.
As the Speaker ruled on May 11, 2021 at page 7,023 of the Debates in respect of a question of privilege concerning misleading statements in the context of committee evidence:
There is no precedent where the Chair has used testimony from a committee without there being a report on the subject.
This aspect of the matter is a concern for the Chair. It is not for the Speaker to untangle the committee evidence to determine who knew what and when. Such an initiative would trespass on the role of committee members and constitute a breach of my duty to act with impartiality. It is up to the committee to continue its own study and to inform the House of its conclusions, if it deems it appropriate, as has been the tradition.
I would submit that the ethics committee has done its work. It has untangled all of the evidence, it has informed the House of its conclusion that the Minister of Diversity and Inclusion and Youth obstructed two committees of this House through misleading evidence. As for the matter that the minister took the solemn affirmation at the ethics committee but not at the finance committee, Bosc and Gagnon point out, at page 1,081:
...refusal to answer questions or failure to reply truthfully may give rise to a charge of contempt of the House, whether the witness has been sworn in or not.
Madam Speaker, I sense that my time is drawing to a close and I will ask for your indulgence for a few more moments, but should my time expire I would just ask that any remaining information that I am unable to offer, I would like with your leave to be able to provide to you in written form for your consideration.
Bosc and Gagnon also comment at page 94 and 95:
...allegations that a witness has lied or misled a committee are taken seriously and may be pursued by the committee. If a committee determines that a witness has given untruthful testimony, it may report the matter to the House. The House alone is responsible for deciding if the witness has deliberately misled the committee and is in contempt of the House as well as for determining the appropriate punitive action. If the House determines that a witness has lied while testifying under oath and the House deems it appropriate, it may waive its privileges over the testimony and refer the matter to the Crown to determine whether there is sufficient evidence to charge the witness with perjury for deliberately lying to a parliamentary committee.
The House has, in the past 20 years, held two witnesses in contempt for misleading committees. I have examples from 2003 and 2008.
In 2003, the Standing Committee on Government Operations and Estimates concluded that the former privacy commissioner, George Radwanski, had deliberately misled the committee in his testimony and should be found in contempt of the House. However, given that Mr. Radwanski apologized to the House in writing in addition to having resigned as an officer of Parliament, no sanctions were applied beyond the contempt finding.
In 2008, the Standing Committee on Public Accounts determined that RCMP Deputy Commissioner Barbara George had knowingly misled the committee in her testimony before the committee and recommended that she be found in contempt of the House, but ordered no further actions on the recommendation of the committee, which said, “as this finding of contempt is, in and of itself, a very serious sanction.”
For an example concerning a minister in 2011, the sixth report of the Standing Committee on Foreign Affairs and International Development provided the House with extracts of evidence given by the then minister of international co-operation. This report led to Mr. Speaker Milliken's ruling on March 9, 2011, at page 8842 of the Debates. There was a prima facie case of privilege. The matter was referred to the procedure and House affairs committee, which heard from the minister and other witnesses, but it did not complete a report before Parliament was dissolved.
In my presentation on the government obstructing witnesses, I referred to an annual resolution of the United Kingdom House of Commons on witnesses. That was in a separate question of privilege that I raised with the House earlier today. That resolution contained a second paragraph relevant here. It states:
Resolved, That if it shall appear that any person has given false evidence in any case before this House, or any Committee thereof, this House will proceed with the utmost severity against such offender.
Erskine May puts it at paragraph 15.5 as follows, “In the past, witnesses who have...given false evidence, wilfully suppressed the truth, or persistently misled a committee have been considered guilty of contempt.”
McGee's Parliamentary Practice in New Zealand, fourth edition, comments in relation to witnesses' obligations to tell the truth at page 776, which states, “Even to prevaricate before a committee might invite questions.”
I do have remedies that I would like to propose to the Chair should you find a prima facie case of privilege. What I would like to do is, again, offer to deposit those with the Chair in written form so they would be included in consideration.
The Canadian Oxford Dictionary, second edition, defines the verb to prevaricate as “Speak or act evasively or misleadingly”.
In the United Kingdom's House of Commons, several committee witnesses in the 19th century faced the wrath of the House when giving this type of evidence, with findings of contempt and even committed to the custody of the Serjeant at Arms or at Her Majesty's Gaol of Newgate.
For example, cases may be found at page 601 of the Journals for August 28, 1835, and page 258 of the Journals for February 24, 1848. I will include in my written submission some further examples.
I do hear encouragement from the government side of the House, but I am trying to be concise.
A cousin of prevarication is the willful suppression of the truth. On March 3, 1828, a committee of the whole of the U.K. House of Commons considering the East Retford Disfranchisement Bill had before it a witness, Jonathan Fox, who spent about 90 minutes answering most questions with some variation of “I cannot say”. The witness was asked to withdraw while the committee deliberated. These deliberations, beginning in column 936 of the parliamentary Debates, are insightful:
Mr. Alderman Waithman observed, that the committee could not suffer its dignity to be trifled with in this way. He would appeal to the committee whether this man's answers could be believed. Something ought to be done to support the dignity of the House, which ought not to be trifled with in this manner. He should move, that the witness had been guilty of gross prevarication.
Mr. Baring asked, how, if the inquisitorial power of the House was to be exercised, that power could ever be exercised if it was treated in this manner? One phrase was perpetually in this man's mouth...Here was a man...who had entertained the committee for an hour and a half, with the same answer. He had been guilty, in his opinion, of gross prevarication.
Mr. Peel thought it doubtful whether the witness had been guilty of prevarication; it seemed a wilful suppression of the truth.
The Attorney General agreed, that the conduct of the witness did not amount to gross prevarication, although it was evidently a wilful suppression of truth.
Mr. Wynn confessed that he did not know what prevarication was, if the witness had not been guilty of it.
In the end, the House adopted a resolution that Mr. Fox “has attempted to defeat the investigation of the committee, by wilfully suppressing the truth.”
In addition to misleading, prevaricating or wilfully suppressing the truth, the United Kingdom committee has even called out dissembling evidence from a member of Parliament as concerning. I do have a citation for that. It is December 1996 first report in the U.K. House of Commons from the former Committee on Standards and Privileges, at pages 37 and 38.
I will move past those quotations and move on to say that the Minister of Diversity and Inclusion and Youth was quite clearly dodging and weaving in her evidence at committee, desperate to avoid giving answers. She was, to borrow the Canadian Oxford Dictionary definition, speaking evasively.
Normally we are used to answers which split hairs and where words are chosen carefully that can be understood sometimes, but here we are confronted by a ministerial witness who thought she was in question period and could just give answers to whatever question she wished would have been asked.
In conclusion on this point, it is my respectful submission that the minister's evidence was, as reported by the ethics committee's second report, misleading or prevaricating and, therefore, constitutes a prima facie case of privilege.