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ETHI Committee Meeting

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MINUTES OF PROCEEDINGS
 
Meeting No. 22
 
Thursday, June 17, 2010
 

The Standing Committee on Access to Information, Privacy and Ethics met at 11:02 a.m. this day, in Room 269, West Block, the Chair, Paul Szabo, presiding.

 

Members of the Committee present: Kelly Block, Patricia Davidson, Hon. Wayne Easter, Judy Foote, Carole Freeman, Pierre Poilievre, Greg Rickford, Bill Siksay, Paul Szabo and Ève-Mary Thaï Thi Lac.

 

Acting Members present: Randy Hoback for Rick Casson.

 

In attendance: Library of Parliament: Alysia Davies, Analyst; Dara Lithwick, Analyst.

 

Appearing: Hon. Rob Nicholson, Minister of Justice.

 

Witnesses: Department of Justice: Denis Kratchanov, Director and General Counsel.

 
Pursuant to Standing Order 108(3)h)(vi) and the motion adopted by the Committee on Thursday, March 11, 2010, the Committee commenced its study of Access to Information Act Reform.
 

The Minister made a statement and, with the Denis Kratchanov, answered questions.

 
Pursuant to Standing Order 108(3)h)(vi) and the motion adopted by the Committee on Thursday, March 11, 2010, the Committee commenced its study of the Privacy Act Reform.
 

The Minister answered questions.

 

Bill Siksay moved, — That, with thanks to the minister, we now move to the item 3(b) on the agenda, discussion on the non-appearance of Sebastien Togneri, Jillian Andrews and Dimitri Soudas.

 

The question was put on the motion and the result of the vote was announced: YEAS: Wayne Easter, Judy Foote, Carole Freeman, Bill Siksay, Ève-Mary Thaï Thi Lac — 5; NAYS: Kelly Block, Patricia Davidson, Randy Hoback, Pierre Poilievre, Greg Rickford — 5.

Whereupon, the Chair voted in the affirmative.

Accordingly, the motion was agreed to.

 
Pursuant to Standing Order 108(3)h)(vi) and the motion adopted by the Committee on Thursday, April 1, 2010, the Committee resumed its study on allegations of interference in access to information requests.
 

Bill Siksay moved, — That the Committee report the following to the House. On Thursday April 1st, the Committee agreed, pursuant to Standing Order 108(3)h)(vi) and the motion adopted by the Committee on the same day, to undertake a study on allegations of interference in access to information requests.

In the course of this study, the Committee chose to invite Sébastien Togneri to appear before it. Here are the facts:

On April 12th, 2010, the Committee sent Sébastien Togneri an invitation to appear before it on May 6th, 2010. On April 28, 2010, Mr. Togneri’s lawyer sent a letter to the Committee saying that Mr. Togneri will not appear before the Committee. The Committee decided to summon Sébastien Togneri to appear before it. Sébastien Togneri appeared before the Committee on May 6 and 11, 2010, meetings. However, he refused to appear on June 3rd meeting even though he was not duly discharged.

On May 25, 2010, the Leader of the Government in the House of Commons made a statement regarding the attendance of ministers' employees before parliamentary committees. A copy of this statement is attached to the report.

The Committee received a letter dated May 31, 2010 from the Minister of Natural Resources, noting that he had “instructed Sébastien Togneri and Jillian Andrews that I will appear before the Committee in their place”. A copy of this letter is appended to the report.

In light of this matter, the Committee has reason to believe that a potential breach of privilege has occurred. Your Committee feels it is their duty to place these matters before the House at this time since a question of privilege may be involved and to give the House an opportunity to reflect on these matters.

Debate arose thereon.

 

The Chair ruled to sit in camera.

 

Bill Siksay moved, — Shall the Chair's decision be sustained.

 

The question was put on the motion and it was agreed to, by a show of hands: YEAS: 7; NAYS: 3.

 

At 12:45 p.m., the Committee resumed sitting in camera.

 

At 1:00 p.m., the Committee adjourned to the call of the Chair.

 



Jacques Maziade
Clerk of the Committee

 
 
2010/06/18 3:56 p.m.