Mr. Speaker, it is always a great honour to stand in the House.
I would like to offer some additional comments on the question of privilege that I raised on October 17 regarding misleading statements made by the Prime Minister in the House in relation to the secret and potentially criminal payout to Mike Duffy. More specifically, I feel I need to add to this issue in order to answer the intervention yesterday by the government House leader.
First, let me say I was very disappointed that the government House leader would say that this issue was “absurd” or a “political stunt”. I hope that, given the seriousness of the matter before Parliament, the House leader would not have taken it so lightly and would not have tried to shove it aside. This is not an issue that can be brushed aside, because Parliament is where the laws of this land are made and there is an obligation for all of us to meet certain standards. Canadians want answers in this very disturbing and squalid scandal, and they want to know what happened. Therefore, when the Prime Minister was asked questions and provided false information, he interfered with the rights of the members of the House.
One of the arguments of the government House leader yesterday was that it is a long-established practice in the House that parliamentarians are to be taken at their word. Indeed, that is a practice that is essential for the workings of a democratic institution, and we agree with him, which is why the issue of a minister knowingly misrepresenting facts to his colleagues in the House or misrepresenting facts because his staff misled him is a breach of the privileges of the members of the House and can be found to be a contempt on the workings of Parliament.
What we are talking about right now is not he-said-she-said, as is being inferred by the government House leader, but facts that have been shown to be false through the affidavits of the RCMP and now through other statements that have come forward. The government House leader says that we must take parliamentarians at their word, and yet we have a situation where we now have two parliamentarians who have made completely contradictory declarations about the role they played in an issue that is under investigation by the RCMP. Therefore, it is essential that we find out the true answers.
Yesterday in his speech to the Senate, Mike Duffy was categorical in stating that the Prime Minister's Office was involved in the secret negotiations for the $90,000 cheque and that the Prime Minister himself was directly involved in negotiations with Mike Duffy. Senator Duffy said the Prime Minister himself had ordered him to repay his living expenses because they had become a political problem for the Conservatives. He said that at a meeting on February 13, 2013, between him, the Prime Minister and Nigel Wright, “just the three of us”, the Prime Minister told him, “'It's not about what you did. It’s about the perception of what you did that’s been created in the media. The rules are inexplicable to our base'”. Duffy said, “I was ordered by the prime minister to pay the money back, end of discussion”.
These comments are very troubling because they contradict the statements that were made by the Prime Minister in the House, which he reiterated again today when he said that he spoke to Mike Duffy at a caucus meeting. The appearance given to the House of Commons was that this was in passing. At the time the Prime Minister made those comments, he said he told Mr. Duffy that if the expenses were inappropriate, he should pay them back. The Prime Minister today gives us, number one, the statement that he was categorical and emphatic that Mike Duffy had misrepresented his claims and was ordered to pay them back. That is different from what the Prime Minister said earlier.
The Prime Minister was asked today whether there was, as Mike Duffy said, “just the three of us”, Nigel Wright, Mike Duffy and the Prime Minister, and the Prime Minister went back to saying that this meeting happened at a caucus meeting. Both men are giving completely contradictory information, and in order to do our jobs as parliamentarians, we need to know. We cannot believe both of them, so what is it that we should do? Certainly, if we were dealing with he-said-she-said on some minor matter, this would not be a matter of privilege.
However, the issue before us is that there is evidence prepared by Corporal Greg Horton, peace officer of the Royal Canadian Mounted Police, delivered in court, and an application for a production order that presents evidence that is in clear contradiction to the Prime Minister's position.
The Prime Minister had said in this House, and it was reiterated by his parliamentary secretary on Monday, that Nigel Wright had acted alone. Now, according to the police evidence, we begin to see more names appear of who in the Prime Minister's Office was involved. That brought us at least Chris Woodcock, David van Hemmen and Benjamin Perrin who knew, and this is from the RCMP.
Now, however, after the revelations of the last two days, we see that there are at least 13 key Conservatives who were involved in this deal that may be found to be an illegal payout. Nigel Wright, Benjamin Perrin, Chris Woodcock, Mr. van Hemmen and Patrick Rogers were all directly within the Prime Minister's Office, and the claim is that Mr. Wright acted without anyone else. The Prime Minister has started to slowly change his position, but he was emphatic in June, and we were led to believe him.
We now know that Senators LeBreton, Tkachuk, Stewart Olsen, Finley and Gerstein were involved in this negotiation. Jenni Byrne was involved. Mike Duffy now tells us that Ray Novak and Senator LeBreton said they were speaking on behalf of the Prime Minister, and what is very troubling is that Mr. Duffy says he was told by them that there would be a deal. If he did not go along quietly, they would have him expelled from the Senate for not meeting the housing requirement; so either Mr. Duffy met the housing requirement or he did not, which again contradicts what the Prime Minister has said previously.
The government House leader yesterday suggested in his answer to the question that one of the precedents I mentioned for 1978 of a similar case cannot be used, because contrary to that case, we do not have an admission of wrongdoing from the Prime Minister of his staff.
That argument simply does not hold up, because it is based on the equivalency of saying that anyone can provide false statements to the House as long as they do not admit it. What kind of Parliament would we have if that were the case?
For my colleagues' benefit, let me again mention another precedent, from 2002, when the member for Portage--Lisgar said that the Minister of Defence had misled the House regarding the detention of Afghan prisoners. This case was found by Speaker Milliken to be prima facie case of privilege. Let me quote Speaker Milliken on this:
The authorities are consistent about the need for clarity in our proceedings and about the need to ensure the integrity of the information provided by the government to the House.
As the hon. member for Acadie—Bathurst has pointed out, in deciding on alleged questions of privilege, it is relatively infrequent for the Chair to find prima facie privilege. It is more likely that the Speaker will characterize the situation as a dispute of facts.
However, in the case before us, there appears to be, in my opinion, no dispute as to the facts. I believe that both the minister and other hon. members recognize that two versions of the events have been presented to the House. Continuing on, he said:
On the basis of the arguments presented by hon. members and in view of the gravity of the matter, I have concluded that the situation before us where the House is left with two versions of events is one that merits further consideration by an appropriate committee, if only to clear the air.
Mr. Speaker, we have had such good, judicious rulings through the years. I think this is certainly a very appropriate one to be looking at.
In presenting his arguments, the government House leader also mentioned a ruling in 1987 by Speaker Fraser. Let me quote again from this judgment, because it offers very clear advice on what we should do in the present case:
These institutions [Parliament and the courts] enjoy the protection of absolute privilege because of the overriding need to ensure that the truth can be told.... Such a privilege confers grave responsibility on those who are protected by it. By that I mean specifically the Hon. Members of this place. The consequences of this abuse can be terrible.... All Hon. Members are conscious of the care they must exercise in availing themselves of their absolute privilege of freedom of speech. That is why there are long-standing practices and traditions observed in this House to counter the potential for abuse.
The freedom of speech that we protect for the members in the House means that neither I nor any citizen of Canada can go to the courts on a case based on something that the Prime Minister said in this chamber. However, as Speaker Fraser said, we do have practices and traditions in this institution that allow us to deal with cases of abuse of freedom of speech, because such abuses can be detrimental to Parliament and to the democratic life of Canadians.
This is exactly the situation we are faced with today. It is certainly an unprecedented situation, which is very grave and serious. That is why I felt the need to rise again. We have to get to the bottom of this disturbing story, and the way to do that is to refer it for an indepth study at the committee on procedure and House affairs.
Let me repeat that we are not in the domain of simple assertions here, we are talking about facts that have been brought forward through RCMP investigation, which is that the Prime Minister repeatedly said in the House that no one in his office knew of the Wright-Duffy deal. We now know that it is anywhere from three in his office to 13 key people around the Prime Minister.
In my previous intervention I put forward two possibilities: either the Prime Minister misled the House himself, or his own staff in the Prime Minister's Office had gone rogue behind his back and misled him. Either of these cases is a contempt of Parliament and a breach of the privileges of the members of the House.
We cannot, as the government House leader would have it, shove this matter aside and hope it will disappear on its own. We need to shed light on this matter, and the only way to do this is by finding that this is a prima facie case of the abuse of our privilege.