Mr. Speaker, I am sorry. I was trying very hard not to use personal names. At least it shows that you are listening to my speech, so I am flattered in a sense that you could correct me that way.
The member for West Nova was accused of making libellous comments about former Prime Minister Brian Mulroney. He had in fact sued him.
What happened at the committee, Madam Dawson puts in her inquiry report that she tabled with the House of Commons, and the words of the member for West Nova I think are useful to us. As soon as my colleague from Dufferin—Caledon, the other vice-chair of the committee, raised a point of order saying that perhaps the member for West Nova should not be allowed to take part in this study because of the potential conflict of interest, the immediate gut reaction of the member for West Nova, with no research, matched exactly what my gut reaction was. He said:
As to the alleged, supposed, proposed...legal action, [which he said he had no knowledge of at that time] against a member of the committee....it wouldn't be very long before we would have 308 lawsuits in this House of Commons against everybody for minor matters, dilatory matters, to try to remove members of Parliament from being able to debate questions of interest where it would serve somebody out in society better to have them not participate.
That sums it all up. I do not need to make a 20 minute speech to explain what is potentially disastrous about the current state of affairs.
I used as an example in my comments about this that I have said some strong things about the pharmaceutical industry. I have alleged that it fixes prices and charges the public way too much for products where the industry does not really have to and that the drug patent price protections gouge Canadians.
Those are pretty strong words. I do not think they are libellous. They do not have to be libellous. Big pharma could file a statement of claim saying that I said something libellous and under these rules I would not be able to talk about big pharma again until that lawsuit was settled. That would put me at a terrible disadvantage. If big pharma was called to the health committee to talk about the drug patent laws, I would not be able to ask questions about it, even though it is a very particular interest of mine. Big pharma would have effectively silenced one of its annoying critics by simply filing that lawsuit. Even if it knew full well that it would lose the lawsuit two years later, it would have shut me up. It would have effectively put a gag order on me if we follow the strict and literal interpretation of what happened in the case of my colleague from West Nova. We cannot allow that to happen.
Some of the points made by my colleague from Dufferin—Caledon seem reasonable. We should be having this debate. I disagree with him that the process is flawed. He says that this is not the place to debate such a serious change to the Conflict of Interest Code. This is exactly the place. In fact if we farmed it off to a small minor subcommittee of Parliament, like procedure and House affairs, it would not be in the full context of all of Parliament debating these rules. It would be that narrow representation on a dysfunctional committee that has not sat for months. This is exactly the place in which we should be having this debate and raising the cautionary tale that is triggered by Madam Dawson's ruling.
I am speaking on behalf of my colleague from West Nova because he is not allowed to. We should make that clear. He would be making this speech today if he were not barred by this gag order. If Brian Mulroney and his lawyers had not effectively silenced my colleague from West Nova, he would be making this speech, not me, and we would not have to speak on his behalf.
Out of the esteem for my colleague, I am going to quote him a lot on Madam Dawson's report. The member for West Nova said:
So in the interest of democracy, Mr. Chairman, and of parliamentary tradition, I hope you have a serious look at this preposterous suggestion by [the member for Dufferin--Caledon].
The second question I ask is, how could [the member for Dufferin--Caledon] possibly be aware of a legal action that I'm not aware of?
In other words, even before a person is served with papers that he or she is being sued, apparently the person is barred from talking about that issue. If the statement of claim had just been filed at the courthouse even before the person was notified, apparently the person is barred from talking about it.
The member for Dufferin—Caledon said, “he does, with due respect to the member for West Nova, have a pecuniary interest. He is being sued for a lot of money”. Again, the member for West Nova was not aware of this yet. Somehow Brian Mulroney told the member for Dufferin—Caledon before he told the member for West Nova. The member for Dufferin—Caledon said:
That's called pecuniary interest. And it is in his personal interest that the plaintiff in that particular action look badly. I don't think he should have the right to vote in this committee, nor should he have the right to vote in Parliament.
The member for Dufferin—Caledon is recommending that the member for West Nova not only be silenced, but he be stripped of his right to vote on these issues as well. That speaks to the very heart and soul of a member's parliamentary privilege. If there is ever any doubt that there is overlap here in terms of parliamentary privilege, there certainly is in the mind of my colleague who initiated this whole complaint.
There is a time honoured tradition among activists. I consider myself an activist. As a trade union leader, I have been on a lot of picket lines and I have demonstrated on a lot of issues. There is a time honoured tradition in the corporate world called the SLAPP suit. If somebody is annoying someone else, let us say if Greenpeace is annoying Exxon, one way to slow down one's critics is to file a slap suit. Usually the big corporate entity has a lot better ability to withstand a prolonged legal battle than does the small citizens activist group.
The SLAPP suit has been an effective means ever since the ban the bomb movement in the late 1950s and the 1960s. If we are being too effective and we are starting to press a nerve in the corporate world, we might get our butts sued even though we know full well we are in the right and the corporate world is in the wrong. The corporate world can drag it out for year after year in the courts, and will exhaust our resources. It will effectively silence us, or it will at least handicap and hobble us.
That is what is happening here today. This is the most litigious government probably in the history of Canada. I have never heard of so many lawsuits in the course of one minority Parliament. There is a case where the government is suing the leader of the official opposition. I have noticed that the leader of the official opposition does not ask questions directly on the Cadman issue any more, even though it is a matter that the Liberal Party feels is critically vital and a matter that should be raised in the public. I presume that is the reason the leader of the official opposition stays away from that subject, because there is a lawsuit pending. Again it stems from this reasoning.
The government could do that with every annoying issue. It can and it would. I predict, as I said before, there would be lawsuits flying back and forth across this place so frequently we would think we were in a snowstorm.
The first step the Ethics Commissioner does is consult with the parties and gets their statements from them. Again, on behalf of the member for West Nova, I will argue his case in his words. He wrote in a letter to the Ethics Commissioner:
It is, indeed, preposterous to suggest that a legal action--whether real or merely threatened--against a Member about a very public issue automatically makes that issue one of potential private loss or gain under the Code, thereby silencing the Member with regard to that public issue.This would mean that any citizen wishing to silence any Member of Parliament need only engage a publicity agent to announce that he is commencing legal action against the Member. In conclusion, I believe [the member for Dufferin—Caledon's] position of to be a perversion of the Code, which is not and was never intended to be a vehicle for attempted gagging or intimidation of Members of Parliament.
I agree that is a perversity. It is an interpretation of the code that was never intended. We have stumbled across it now, and it is incumbent on us to deal with it now, to fix it, to correct it. I compliment my colleagues of the Liberal Party for choosing to use their opposition day motion to get this issue on the floor of the House of Commons.
We cannot allow this to continue, or I am going to get sued next, or my colleague, the member for Moncton—Riverview—Dieppe. He is fairly outspoken and has many strongly held views on many subjects. I have no doubt he will get his butt sued sooner or later in an attempt to stop him from talking and to silence him.
It is a complex opposition day motion. It has four separate elements to it, two of which are not action oriented and two that are. One is that the House affirms its confidence in the Ethics Commissioner and that the House reaffirms all of the well-established privileges and immunities, especially with regard to freedom of speech. Those two, I suppose there can be no disagreement on. All members of Parliament know that we cannot operate without those basic rights.
I do not understand why my colleague from Dufferin—Caledon is alleging there are two classes of people in the country if members of Parliament have privileges that members of the public do not. There are very sound and established reasons that members of Parliament have a so-called super freedom of speech. There are checks and balances in place as well in that what a member says here cannot be used anywhere else anyway.
For my colleague to say that the member for West Nova would have had an advantage over the other player in the court action by having the ability to speak about that court action in the standing committee is kind of bogus, because whatever he says at that standing committee cannot be used in any other subsequent proceeding. It did not exist for all intents and purposes. When and if that libel action goes to court, the judge will rule on the evidence presented in the courtroom, not on what was said at a parliamentary committee, because any good lawyer would stand up and say that it is inadmissible. What the member said at the standing committee to the other player in that court action would be of no use and no value.
Whatever seems to be a special privilege is offset by a corresponding limitation. In other words, that is one of the reasons a witness at a standing committee does not have the right to remain silent. The reason is self-evident, but the safeguard, the check and balance, is that the person has to answer the question, but what he or she says cannot be used against him or her in any subsequent court proceeding. In fact, it is even fruit of the tainted tree in terms of evidence. Whoever wanted to charge one with that issue would have to find some independent body of information not related to the testimony the person gave at the committee. I think that is brilliant, frankly. It took us a thousand years or so to arrive at that, but that is one of the fundamental rules of privilege as it pertains to Parliament that we now come to understand as being fundamental.
Sometimes it is important to take one step back from the day to day events of Parliament, to pause and reflect on first, how beautiful an institution this is and how well it actually does work, and second, how we make sure that it is never eroded or undermined and that the efficacy is not chipped away at by interpretations such as this. It has to be fluid, just like the Canadian Constitution has to be flexible and adaptable. It is not static; it is dynamic. So too is Parliament and the rules that govern Parliament.
We have stumbled across an area that needs attention and it is an appropriate time to do this in a minority Parliament. In the twilight days of a parliamentary session, I think our time is well spent if we address this issue now, to lay that good foundation so that we can do more effective work in the future unencumbered.
We support this opposition day motion and will be voting in favour of it. I thank my colleagues from the Liberal Party for choosing what we have before us today as their opposition day motion .