Mr. Speaker, I am pleased to rise today to speak to some of the matters raised in the motion of the member opposite. I want to commence my statements by two comments, which are simply to underscore the important contributions that have been made to government and the Government of Canada by two very distinct Canadians.
First, the member for Vancouver Granville has served as a minister and attorney general as well as the minister of Veterans Affairs, and has made terrific and incredible contributions. I would reiterate my personal alarm about the comments that were made about the member for Vancouver Granville and the attacks that were made about her and her character.
Second, are the contributions made by the former principal secretary to the Prime Minister, his belief in public service and dedicating his work to the cause of all Canadians.
We know two processes are already under way to investigate the alleged allegations referenced in the motion. First, the House of Commons Standing Committee on Justice and Human Rights began hearing witnesses on this issue on Thursday, February 21, in response to a motion that was initiated. Second, the Ethics Commissioner is conducting an investigation, as we speak. That was also initiated by members of the opposition.
There is every reason to believe that these two mechanisms, one composed of Canada's elected representatives and one representing a non-partisan perspective, are up to the task of considering the very questions that are being asked by Canadians and by the members on the other side of the aisle.
With that in mind, it would be beneficial to begin by discussing the rules, responsibilities and powers of the justice committee in its review of this matter in addition to what the committee has already heard and what witnesses it will hear from.
As with other large deliberative assemblies, the House of Commons has taken advantage of the greater flexibility available in committees to carry out functions that can be better performed in smaller groups, including the examination of witnesses and detailed consideration of legislation, estimates and technical matters. Committee work provides detailed information to parliamentarians on issues of concern to the electorate and, as we well know, often provokes important public debate.
In addition, because committees interact directly with the public, they provide an immediate and visible conduit between elected representatives and Canadians. Committees are extensions of the House, created by either standing or special orders, and are limited in their powers by the authority delegated to them. For House of Commons committees, the Standing Committee on Procedure and House Affairs establishes a list of members of the various standing committees at the start of each session and during the course of a session, if necessary. This list takes effect once it is approved by the House. As stipulated in the Standing Orders of the House of Commons, most standing committees have 10 members. Party representation on committees reflects the party standings in the House.
Committees can gather the information necessary for their studies in a number of ways, including by hearing testimony during meetings, accepting briefs and written opinions, requesting the production of documents, organizing round tables and visiting locations. Most often, committees gather information on a particular subject by hearing from witnesses and consulting briefs. With the exception of standing joint committees and certain standing committees, the Standing Orders set out a general mandate for all standing committees. They are empowered to study and report to the House on all matters relating to the mandate, organization, management and operation of the departments assigned to them by the House.
More specifically, they can review and report on the statute law relating to the departments assigned to them; the program and policy objectives of those departments and the effectiveness of their implementation thereof; the immediate, medium and long-term expenditure plans of those departments and the effectiveness of the implementation thereof; and an analysis of the relative success of those departments in meeting their objectives.
In addition to this general mandate, other matters are routinely referred by the House to its standing committees, such as bills, estimates, order in council appointments, documents tabled in the House pursuant to statute, and specific matters which the House wishes to have studied.
In each case, the House chooses the most appropriate committee on the basis of its mandate.
The House of Commons Standing Committee on Justice and Human Rights has the power to review and report on the policies, programs, and expenditure plans of the Department of Justice.
As hon. members know, the department has the mandate to support the dual roles of the Minister of Justice and the Attorney General of Canada, the chief law officer of the Crown. The committee also has the power to study the policies, programs and legislation of the following entities: the Canadian Human Rights Commission, the Office of the Commissioner for Federal Judicial Affairs Canada, the Supreme Court of Canada, the Courts Administration Service, the Administrative Tribunals Support Service of Canada and the Public Prosecution Service of Canada.
In particular, the committee may review proposed amendments to federal legislation relating to certain aspects of the criminal law, family law, human rights law, and the administration of justice, notably with respect to the following statutes: the Criminal Code, the Youth Criminal Justice Act, the Divorce Act, the Civil Marriage Act, the Canadian Human Rights Act, the Judges Act, the Courts Administration Service Act and the Supreme Court Act.
The Standing Committee on Justice and Human Rights may also undertake studies on subjects related to its mandate, either as referred to it by the House of Commons or on its own initiative. For example, they recently conducted a study on juror mental health, and prior to that, they conducted a study on human trafficking in Canada.
In the course of a study, the committee holds public meetings, considers evidence from witnesses, and reviews written submissions and other authoritative documents. In the case of their human trafficking study, they also travelled across Canada to hold private sessions with witnesses who were uncomfortable testifying in a public forum. This enabled them to hear from witnesses that they otherwise might not have been able to hear from but whose testimony was crucial to their study.
At the conclusion of a study, the committee usually reports its findings and makes recommendations. The committee may request a government response within 120 days.
As we know, the committee met on Thursday, February 21, and heard from the hon. Minister of Justice and Attorney General of Canada, the deputy minister of justice and deputy attorney general of Canada, Madame Nathalie Drouin, as well as the Clerk of the Privy Council, Mr. Michael Wernick. All of these witnesses provided helpful information at committee to assist it, and Canadians generally, to understand the scenario addressed in the member's motion we are debating today, in addition to the roles and responsibilities of the Attorney General of Canada.
For example, when asked if it would be appropriate for the Prime Minister and officials to discuss the matter in question with the Attorney General of Canada, the Attorney General, in his testimony, confirmed, “Those kinds of conversations would be appropriate”. Mr. Wernick, as Clerk of the Privy Council, reiterated this view in his own testimony later the same day.
When asked about conversations with cabinet colleagues in his role as Minister of Justice and Attorney General of Canada and whether they were appropriate, the Attorney General of Canada answered, “Absolutely”.
As the Prime Minister has indicated, he is seeking the counsel of the Attorney General of Canada regarding the issue of solicitor-client privilege. The Attorney General has assured Canadians that he is seized with the urgency of this matter and is seeking the best approach to provide transparency to Canadians and fairness to the former attorney general in a way that does not compromise solicitor-client or litigation privilege.
To that end, solicitor-client privilege is an exceedingly important part of Canada's legal system and should only be waived in the appropriate circumstances.
It is a protection that allows lawyers across this country, many of whom find seats in this very chamber, to engage on the toughest issues known in law and provide their clients with candid and comprehensive advice. This includes the current Attorney General of Canada who is the government's lawyer. The Attorney General must be allowed to provide that advice to the Prime Minister and would be unable to do so in a candid and comprehensive manner if solicitor-client privilege were waived.
As the former attorney general, the member for Vancouver Granville, has stated, the issue of solicitor-client privilege is complex and layered. That is why the current Attorney General is studying carefully the very best approach to provide transparency to Canadians and fairness to the former attorney general in a way that does not compromise solicitor-client privilege or litigation privilege, which is important to underscore as there are currently not one but two pending litigation matters involving SNC-Lavalin before Canadian courts.
Madame Nathalie Drouin, the deputy minister of justice and deputy attorney general of Canada, helpfully explained in her testimony before the committee last week that “The Attorney General is supported by the DPP, the director of public prosecutions. Please note that the DPP is also a deputy attorney general of Canada. The DPP is responsible for initiating and conducting federal criminal prosecutions on behalf of the Crown.”
During his important testimony before the committee last week, the Clerk of the Privy Council, Mr. Michael Wernick, whom I previously referenced, indicated that on February 12 the director of public prosecutions issued the following statement, which can be found on the director's website: “I am confident that our prosecutors, in this and every other case, exercise their discretion independently and free from any political or partisan consideration.”
The testimony of Mr. Michael Wernick was especially helpful in light of his decades of service as a senior public servant under both Conservative and Liberal governments. As the Prime Minister has stated, this, “leaves him well positioned to understand what our institutions are grounded in and make sure we are doing the right things as a government” and “He is someone we need to heed very carefully when he chooses to express himself publicly”.
Mr. Wernick went on at that committee. I will reiterate it for the purposes of the record of today's debate. He stated, “If you boil it down for Canadians as to what is going on here with the facts that we have and all of the facts that I know from my participation in meetings and conversations, we are discussing lawful advocacy”.
Again, I am quoting Mr. Michael Wernick, the Clerk of the Privy Council of Canada, the most senior civil servant in this country. He went on to say that his view “very firmly” was that the conversations with the former minister of justice and attorney general of Canada “were entirely appropriate, lawful, legal.”
We know that after the justice committee's in-camera meeting of February 19 of this year, the committee members announced that they will be calling the former minister of justice and attorney general of Canada, the member for Vancouver Granville, as well as several academics to appear before the committee and give testimony. Those hearings are expected to take place this very week. The committee may well then decide to hear from more witnesses, as is its jurisdiction and its purview.
Under the Liberal government, committees are masters of their own agenda. Committees of this House do exemplary work. Everyone in this chamber recognizes that because everyone in this chamber, save for cabinet members, participates in that committee work. We are confident that the committee meetings will continue to be thoroughly and fairly conducted and will provide Canadians with the answers and information that they seek.
In the remaining portion of my time, I want to address the Ethics Commissioner's investigation. I turn briefly now to the study that will be conducted by the Ethics Commissioner.
Under the Conflict of Interest Act, a member of the Senate or House of Commons who has reasonable grounds to believe that a public officer holder, which includes the Prime Minister, has contravened the act may in writing request that the Conflict of Interest and Ethics Commissioner examine the matter.
In conducting this kind of investigation, the commissioner has many powers. First is the power to summon witnesses and require them, first, “to give evidence—orally or in writing—on oath” or “on affirmation”, and second, “to produce any documents and things that the Commissioner considers necessary.”
For the purposes of enforcing these powers, the commissioner has the same powers as a court of record in civil cases. The subject of the complaint also has the opportunity to make submissions to the commissioner.
The commissioner is required to provide the Prime Minister with a report setting out the facts in question, as well as the commissioner's analysis and conclusions in relation to the request made by a parliamentarian. The report is to be provided to the person who made the request, the public office holder who is the subject of the request, and the public.
The commissioner may not include in the report any information that he or she is required to keep confidential, unless the information is essential for the purposes of establishing the grounds for any conclusion in a report.
As I have explained, these two processes are already under way. Both are investigating the allegations raised by the motion that is before us today. I am entirely confident that these two processes will be thoroughly and fairly conducted and will provide Canadians with the answers and information they seek. There is every reason to believe that these two groups are up to the task of considering the questions that are being asked.