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View Marc Miller Profile
Lib. (QC)
Mr. Speaker, pursuant to Standing Order 32(2), I have the honour to table, in both official languages, a number of documents: the annual report on the implementation of the Labrador Inuit land claim agreement for the period April 1, 2015, to March 31, 2016; the annual report of the Déline self-government agreement for the period April 1, 2016, to March 31, 2017; the annual report on the Déline self-government agreement for the period ranging from April 1, 2017, to March 31, 2018; and finally, the annual report on the implementation of the Sahtu Dene and Métis comprehensive land claim agreement for the period April 1, 2017, to March 31, 2018.
View Marc Miller Profile
Lib. (QC)
Madam Speaker, I know our friends to the south consider us to be the north, but it is a real pleasure today to speak about the actual north. That said, We, the North.
I am thankful for this opportunity to speak once again before the House on Bill C-88.
To begin, I want to acknowledge that we meet here today on the traditional territory of the Algonquin people.
I am appearing before this House on behalf of my hon. colleague, the Minister of Intergovernmental and Northern Affairs and Internal Trade. Our thoughts and well wishes are with him during this difficult time. I know we all wish him a speedy recovery and look forward to having him back in the role that he did so well, advocating for northerners and northern issues.
Bill C-88 proposes to amend both the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act.
In terms of the MVRMA, the bill was focused on repealing the previous government's decision, through Bill C-15, to arbitrarily merge four land and water boards in the Mackenzie Valley into one superboard. This decision violated constitutionally protected indigenous land claim and self-government agreements. The bill also seeks to reintroduce a number of positive changes introduced by the previous government through Bill C-15, which have not been implemented because of a court-imposed injunction focused on stopping the imposition of this so-called superboard.
The MVRMA includes four land and water boards in the Mackenzie Valley, which are central to comprehensive land claim and self-government agreements of several local indigenous governments and organizations. It creates an integrated co-management regime for lands and waters in the Mackenzie Valley and provides legal certainty for resource development investors in the area.
As this House will recall, Bill C-15 was passed by the previous government in 2014. Among other changes, it merged the Mackenzie Valley land and water boards into one single entity. The legislation was immediately challenged in court, alleging among other things that it violated indigenous land claim and self-government agreements.
In early 2015, the Supreme Court of the Northwest Territories granted an injunction that suspended the proposed board restructuring, along with other positive regulatory amendments included in Bill C-15. Rather than improving the regulatory process for the Mackenzie Valley and enhancing legal certainty for proponents and investors, among others, the previous government's approach landed these MVRMA regulatory reforms in Bill C-15 into court.
Our government believes that a sustainably developed resource sector is essential to the success of the Canadian economy and, if we get it right, will serve as an important foundation and example for future economic and job growth. Unlocking this economic potential must be contingent on environmental sustainability and on impacted indigenous communities being engaged as equal partners. The current situation is untenable as it creates legal uncertainty, and the positive regulatory changes are now tied up in court.
In November 2015, discussions with indigenous organizations and governments in the Northwest Territories began about the government moving forward with legislative amendments to resolve this matter. Bill C-88 has been developed through consultation with indigenous governments and organizations, most notably the Government of the Northwest Territories, industry and resource co-management boards. This bill will resolve the litigation regarding the restructuring of the boards and reintroduces the positive policy elements of Bill C-15 that are currently prevented from coming into force by the said injunction. It will re-establish trust with indigenous partners in the Northwest Territories, respect their constitutionally protected land claim and self-government agreements and restore legal certainty for responsible resource development.
As David Wright, legal council for the Gwich'in Tribal Council, stated before the indigenous and northern affairs committee:
[T]he consultation process on Bill C-88 has actually helped restore some of the trust between Canada and the [Gwich'in Tribal Council]. That trust would be eroded by any further delay, or at worst, failure to pass this bill in a timely manner.
The Tlicho government and the Government of the Northwest Territories have also clearly expressed their support for the passage of this bill, stating that the negative implications of the status quo are significant.
In terms of the CPRA, Bill C-88 proposes to provide new criteria for the Governor in Council to prohibit existing exploration licence-holders and significant discovery licence-holders from carrying out any oil and gas activities in the case of the national interest. It would also freeze the terms of the existing licences in the Arctic offshore for the duration of any such prohibition. This is exceedingly important for industry.
The term “national interest” refers to a country's national goals and ambitions, whether economic, military or cultural, and it is not a new legislative concept. There are numerous references to the national interest in Canadian legislation and specifically in this case in northern legislation. For example, the term appears in section 51 of the Yukon Act and in section 57 of the Northwest Territories Act. The decision to move forward with a moratorium on new Arctic offshore oil and gas licences in federal waters was a risk-based decision in light of the potential devastating effects of a spill and limited current science about drilling in that area.
It is important to remember that at that time there was no active drilling occurring in the Beaufort Sea and no realistic plans to initiate drilling in the short or medium term. It was announced in conjunction with a five-year science-based review as well as a consultation on the details of that review. Territories, indigenous and northern communities, our partners in the science-based review process and others, including industry, are being actively consulted. The outcome of the review process will inform next steps in the Arctic offshore.
Freezing the terms of the impacted existing licences in the Arctic offshore was a key priority expressed by industry. We heard that in our discussions regarding the implementation of the moratorium. The proposed amendments to both the MVRMA and the CPRA are essential to ensuring the responsible, sustainable and fair development regime in the Northwest Territories and the Arctic. That is why I urge this House to pass Bill C-88. I look forward to questions from the members.
View Marc Miller Profile
Lib. (QC)
Madam Speaker, it is no small irony that the Conservative Party is now the champion of consultations. However, I understand the good faith of the question being posed.
What we need to understand and what Canadians, particularly northerners, appreciate is that the area is exceedingly fragile. People knew it, and we needed to take swift and prompt action. We know this on the west coast as well, where we have heard from proponents that there need to be bans. There are shenanigans in the Senate looking to overturn a number of laws that are key to our environmental legislation. I will leave that aside for now, but it is important for this House to note it, since the members who are blocking it are members of the Conservative caucus.
We have consulted. Northerners, particularly indigenous groups, are overwhelmingly supportive of this new process, which includes moving forward on more regional boards that were consulted on development and which impact our review and our feedback. We will listen to them. Some of the reports we heard previously were manufactured by the previous government, and it torqued its own conclusions.
We aim to do meaningful—
View Marc Miller Profile
Lib. (QC)
Madam Speaker, I appreciate the support of the member opposite for moving this forward in a timely fashion. We did take the time to consult and get the important review that made it such that the prior bill that was introduced in the House by the previous government was messed up. The superboards were a disaster and caused court cases and injunctions that prevented some positive aspects of it to move forward.
Yes, the business of this House does take time, particularly when it touches indigenous issues where we need to do that consultation prior to putting the bill in place. That is what we have done. We have done it in a conscientious and timely fashion. Again, as I mentioned in closing proposals to this House, I do urge this House to move quickly on it.
View Marc Miller Profile
Lib. (QC)
Madam Speaker, I will make this a quick answer because, hopefully, the member for the Northwest Territories will also ask a question. He has been indispensable in ensuring this is moved forward in a timely fashion.
We do these things in the national interest to protect not only an essential part of Canada but indeed the entire world. We do so in consultation with the people who are up there, whether it is the Government of the Northwest Territories, industry or indigenous partners, but we need to take the time to listen to them. Once we listen to them, get their expertise and implement that into a package of laws that make sense, even ones that were proposed by the previous government, then these are things that allow industry to have what they expect, which is predictability in the process, a process where they will make an application knowing that an injunction will not come forward because it is constitutional. That is just a very, very simple example of it.
However, this predictability with all the partners involved allows these great projects, if and when they are put forward, to do so in a timely fashion where the government is actually, once it has done its job, out of the way and allowing people to get such good jobs.
View Marc Miller Profile
Lib. (QC)
Madam Speaker, quite clearly, if they are willing to mail in the next three weeks, we are not prepared to do so. The next three weeks are very important. There are plenty of bills—
An hon. member: You have mailed in the last four years.
View Marc Miller Profile
Lib. (QC)
Perhaps the member has been mailing it in for the last four years, but we have not. We have been trying to push forward the business of government despite fierce opposition. That is the opposition's job; we get it. Any bill presented before Parliament at this stage should be given serious consideration. This is an important stage, and members are free to debate it all they want. Simply put, we will give it the consideration it is due. If they care about the north, they will support the bill.
View Marc Miller Profile
Lib. (QC)
Madam Speaker, I thank the member for his fierce advocacy for indigenous peoples, and particularly the swift adoption of his colleague's private member's bill on the United Nations Declaration on the Rights of Indigenous Peoples. I am dismayed and disgusted that it is stuck in the other House in what amounts to bad faith from certain members on the other side. They are members of the Conservative caucus. It is incumbent upon members of the caucus in the House of Commons to push their colleagues to make sure that the bill goes through in a swift and timely manner. Indigenous peoples across Canada are waiting for this to come through, and it is an essential act of reconciliation.
This bill incorporates a number of elements, including the consultation review that indigenous people have been looking for. Many of the commentators on the bill have specifically underlined how it does in fact conform with the relevant provisions of UNDRIP.
View Marc Miller Profile
Lib. (QC)
[Member spoke in Mohawk and provided the following text:]
Levi Oakeskénha tehonwaká:nere ne raohwá:tsire, wa’thatsha’tí:ia’ke tsiahiàksera tsi nahe ratironhia'kehronòn:ke shiiotohétston. Karonhià:ke tethakà:nere ó:nen. Ronkwe’tiióhne, tóhske, tahnon raweientehtòn:ne ahaiéntho.
Ohnakénkha Kanien’kehá:ka Code Talker roiio'téhkwe ne tekeníhaton shiwaterí:io. Tsi tewateriioskó:wa tékeni watòn:tha, wà:ratste’ onkwehonwehnéha ahshakowennohetstánion ne tehotirihwaienawá:kon ronatenróhshon. Iah ónhka tehotitokèn:se oh nahò:ten rotitharahkwèn:ne ne Code Talkers.
Akwé:kon waharihwáhsehte’ tsi nihoié:ren íhsi nón:we ne tsiá:ta niwáhsen niiohserá:ke nikarì:wes. Akwáh í:ken tsi enhonwaia’tí:sake’ ne raohwá:tsire tahnon raonkwe'ta'shòn:a Í:kehre aonsahihsennakará:tate’ énhskat ó:ya nenkahá:wi’te’ né:’e tsi katá:tis ne owén:na nè:ne wà:ratste’ ne káti aón:ton akwé:kon skén:nen aetewanonhtonniónsheke.
[Mohawk text interpreted as follows:]
Mr. Speaker, Levi Oakes crossed over the clouds last Tuesday. There, there was his family when he passed away. He is looking down now from sky world. He was a good man, truly, and he was good at gardening.
Levi was the last Mohawk code talker; none remain. He used his indigenous language during World War II. He used a secret code to protect his family. No one broke the code talker's code.
He will very much be missed by his people and his family. I want to honour his name again on one more occasion, by using the language that he used so that we could live in peace.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, June is National Indigenous History Month, and I am happy to note that it is also the fourth year of the indigenous reads initiative.
Indigenous reads presents an exciting opportunity for all Canadians to expand their awareness of indigenous life, culture and history by reading works of talented first nation, Inuit and Métis writers. As UNESCO marks 2019 as Year of Indigenous Languages, indigenous reads reminds us of the power of words and the importance of language.
This June, I encourage everyone to join me by reading indigenous authors. New books will be highlighted each week on the Government of Canada's indigenous social media channels. By using #lndigenousReads, all Canadians can read together by sharing their favourite indigenous books and authors.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, I know you are a Mooseheads fan, but Sunday, May 26, was a great day. The Rouyn-Noranda Huskies won their first Memorial Cup with a 4-2 win over the Halifax Mooseheads.
After shattering a Quebec Major Junior Hockey League record with 59 wins in the regular season, including 25 consecutive wins, and taking the President's Cup by beating the Mooseheads in six games, the Huskies won their first national title. The Huskies are extraordinary ambassadors for the town of Rouyn-Noranda and the Abitibi Témiscamingue region. The team is without a doubt the biggest source of pride for the community.
I would like to highlight the contribution of head coach Mario Pouliot, tournament MVP and Montreal Canadiens prospect Joël Teasdale, the parents, players, host families and all staff who worked hard to make our major junior hockey league a national success story.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, this government has taken historic measures to reunite families, and it is a little rich for the member opposite, whose party had two options when dealing with files: pressing the delete button or the alt-right button. It is a disgrace for the member opposite to stand up and talk about family reunification.
It is this government that has made historic investments in budgets 2019, 2018, 2017 and 2016 to make sure that people are welcome in Canada and that immigration files are processed in a systematic fashion.
Of course there are extremely complex files, and the element that the member mentioned is a very particular file. We are glad to take it—
View Marc Miller Profile
Lib. (QC)
Madam Speaker, our government is working in support of the Government of Nunavut in the provision of health services to its residents.
Last week, the Minister of Indigenous Services met with the minister of health and finance for the Government of Nunavut to discuss health care and a number of other shared priorities. We continue to stay in close communication to ensure that Nunavummiut have access to the quality health services they need.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, I want to thank the member opposite for her relentless advocacy in this matter, as well as her colleague from Abitibi—Baie-James—Nunavik—Eeyou.
This is obviously a matter that is under advisement with the department. It is a matter we take very seriously, and I hope to come back to the House with further clarification on the matter.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, Bill C-262 is a key step in implementing the United Nations Declaration on the Rights of Indigenous Peoples. Passed by the House last spring, the bill is now stalled in the other place as a result of Conservative procedural delay tactics.
While we have enormous respect for the independence and work of the other place, reconciliation with indigenous peoples and particularly this piece of legislation cannot be subject to partisan and procedural games. I urge the Conservative members of the other place and the members of this House who are in their caucus to heed the unanimous motion passed by the House this week and stop their inexcusable delay tactics.
View Marc Miller Profile
Lib. (QC)
Madam Speaker, thank you for giving me the opportunity to express my support for Bill C-88 and explain why I approved it at second reading stage.
First, I want to congratulate the hon. member for Yukon on his fine speech and thank him for his support for a region of this country that I rarely get to visit. I also want to thank the member for Northwest Territories, who is also a very strong advocate for that region. Goodness knows that they have approached me as Parliamentary Secretary to the Minister of Crown-Indigenous Relations with many requests. I am well aware of how passionately these two individuals advocate in favour of that beautiful part of our country, which is so rarely visited by most Canadians. I would like to take this opportunity to encourage all my fellow members to visit the far north. It is a beautiful place that reinforces and reminds us what it means to be Canadian.
I would like to use my time to draw the attention of my hon. colleagues to the authorization of regional studies. Although this may be a lesser-known aspect of Bill C-88, regional studies should have a significant and positive impact on the review process at the core of the regulatory regime governing resource development in Canada's north.
The changes proposed in the bill before us would allow the Minister of Intergovernmental and Northern Affairs and Internal Trade to establish committees to conduct regional studies. These studies could take very diverse forms. They could, for example, be as narrow as a documentary analysis or as broad as in-depth research to create databases on a body of water or a land mass. The relevant text of the proposed bill is purposely broad in order to allow for a variety of scopes and activities.
One of the reasons why the bill uses non-specific language is that science and scientific knowledge are expanding and becoming increasingly sophisticated. It is impossible to accurately predict today what kind of regional study will be most beneficial 10 or 20 years from now. That said, regional studies can generate valuable environmental and socio-economic information about the potential impacts of a proposed project. The Northwest Territories' regulatory boards would definitely find that kind of information useful.
Although the proposed bill does not specify the form, scope, or subject of the studies, it clearly sets out what these studies and committees are not. Regional studies are not a substitute for the regulatory boards, for example, or any of the roles these boards play in the regulatory regime. The bill also states that a committee has no other role than what is set out in its terms of reference. Asking a committee to undertake a study essentially means hiring an expert or consultant to prepare a report. Under this bill, regional studies would be subject to the general principles of the integrated co-management regulatory regime authorized by the Mackenzie Valley Resource Management Act.
The value of including regional studies in environmental impact assessments has long been recognized. For example, the 1992 version of the Canadian Environmental Assessment Act referred directly to regional studies. Under subsection 16(1), proponents had to consider the cumulative environmental effects of their projects, while section 16(2) emphasized the role and value of regional studies, outside the scope of the act, in considering cumulative effects. Parliament repealed the act in 2012, replacing it with a new version that explicitly authorizes the minister of the environment to establish committees to conduct regional studies.
Regional studies also feature prominently in a 2009 publication issued by the Canadian Council of Ministers of the Environment. The publication, which is entitled “Regional Strategic Environmental Assessment in Canada: Principles and Guidelines”, lists the benefits of regional studies. These include analyzing, identifying and managing cumulative environmental effects at a more appropriate, regional scale.
According to this publication, regional studies can also contribute to the discussion of alternative sustainable future scenarios and key environmental goals and objectives for a region.
Studies can save time and resources by avoiding environmental effects early on, rather than mitigating cumulative effects much further down the line. Regional studies establish regional environmental targets, limits and thresholds against which to monitor and evaluate subsequent development and management actions. In this way, studies support effective project-based performance assessment. Lastly, the publication suggests that regional studies can provide an early indication of public interest in regional environmental issues.
It is clear that the value of regional studies to environmental impact assessments is increasingly being recognized. Many regulatory regimes in Canada use them as a way to collect environmental data and analyze environmental effects. Besides the Canadian Environmental Assessment Act, provisions authorizing regional studies also appear in section 5 of Saskatchewan's Environmental Assessment Act and section 112 of the Yukon Environmental and Socio-economic Assessment Act.
Many other jurisdictions in Canada incorporate regional studies into impact assessments even though those studies are not explicitly mentioned in the legislative measure in question. The simple truth is that regional studies are becoming increasingly popular because they are useful. They can provide accurate, up-to-date, relevant data. They are versatile and can be adapted to specific, practical circumstances. For example, a regional study may analyze potential impacts from the perspective of an ecosystem or region as a whole, rather than solely from the perspective of a particular project. Regional studies can provide necessary baseline data from which to analyze the impact of future development projects. These studies can also help to determine environmental thresholds. Ultimately, the reliable data and analyses generated by regional studies help board members make well-informed decisions. That is very important.
By authorizing regional studies, Bill C-88 will make this valuable tool available to regulatory boards in the Northwest Territories. The studies can be used to support project reviews and potentially speed up environmental assessments and environmental impact reviews. By referring to regional studies, the boards would be better able to properly review complex data that exceed the technical expertise of their members. Regional studies can also be used to gather and analyze baseline data, which is not part of the boards' responsibility.
The government is committed to maintaining strong legislation that protects Canada's rich natural environment, respects the rights and interests of indigenous peoples and supports Canada's resilient natural resources sector. Bill C-88 makes a number of significant improvements to the system.
In addition to authorizing the use of regional studies, the bill restores the regional land and water boards and creates a law enforcement system comprising inspections and revised penalties. Other changes will allow the boards to request extensions of their members' terms and enact regulations governing how governments and proponents consult indigenous peoples during the process to issue licences and permits and the environmental impact assessment process under the law.
All these improvements will strengthen northerners' ability to maximize the benefits of resource projects while minimizing their negative impact.
The bill before us deserves the support of the House. I encourage my hon. colleagues to join me in supporting Bill C-88 at second reading.
View Marc Miller Profile
Lib. (QC)
Madam Speaker, language is very important. Language is a core element of people's identity and a key to who they are. We should know this, particularly people who come from Quebec and have fought so long for the French language. For indigenous peoples, particularly those in very difficult situations where languages have been ripped from them, it is exceedingly clear how important vitalization of languages is.
For my part, learning a language puts one on a playing field that is equal insofar as learners are able to look at something from a position where they are trying to understand languages, ways of thinking and where people are coming from. That is key to understanding what “honour of the Crown” means in the first place.
Honour of the Crown is a duty that is incumbent upon every single member of Parliament, particularly those in government when negotiating relations with indigenous peoples. As the member highlighted in his speech, a number of these relationships are treaty based. Therefore, it is not a question of enforcing and imposing federal law, which would then be unconstitutional. It is a question of perfecting those rights that have been acquired for a long time. This bill, when enshrined in law, will help perfect that relationship.
View Marc Miller Profile
Lib. (QC)
Madam Speaker, as my colleague knows, in Canada, the gap between indigenous people and non-indigenous people is still quite wide, especially when it comes to education.
I am sure she read the budget in its entirety. She will have noted that 25% of the new spending is allocated to indigenous peoples, and rightly so. This is not something that can be accomplished in a four-year span, as many of us like to think. This has to be done in a spirit of reconciliation, in order to build something solid and long-lasting.
Our government is making record investments. We are talking about billions of dollars. We need to take a measured approach to this in collaboration with indigenous peoples.
We will welcome comments on this particular bill in committee.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, budget 2019 builds on almost $17 billion of investments in indigenous priorities, with an additional $4.5 billion to advance indigenous self-determination, redress past wrongs and close socioeconomic gaps. This includes $1.4 billion to forgive communities' outstanding comprehensive loan claims, $126 million to establish a national council for reconciliation and more than $15 million to ensure that federal policies and programs reflect the voices of indigenous youth. These sustained investments of more than $21 billion affirm and reaffirm our commitment to reconciliation.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, I would like to thank the member for Pontiac for his tireless commitment to reconciliation and, more specifically, his engagement with the people of Kitigan Zibi. I also want to highlight his undertakings in learning the Algonquin language. He is an example to us all.
With the signing of this MOU and the settlement of these claims, which includes compensation of over $116 million, we are supporting the acceleration of community-led social and economic initiatives and advancing reconciliation in a way that respects the rights and interests of Kitigan Zibi. By working together, we have not only helped address past wrongs, but also have taken important steps to renew and strengthen our nation-to-nation relationship with Kitigan Zibi Anishinabeg—
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, this Sunday I joined thousands of Montrealers in my riding, along with the Minister of Justice, for the 196th Montreal St. Patrick's Day parade.
St. Patrick, of course, was an immigrant and a slave who became the emblem of a country. This Montreal institution is the longest-running, uninterrupted St. Patrick's Day parade in North America and has been held, without exception, every year since 1824.
The 196th annual parade, an important celebration of Quebec's Irish community, was well attended as usual. Each year, this event brings together thousands of Montrealers and visitors to celebrate one of our city's founding peoples. Let us not forget that the Irish famine refugees doubled the population of Montreal in a two-year period in the late 1840s.
I would like to thank the organizers, the United Irish Societies of Montreal, as well as the thousands of participants and the hundreds of volunteers who make this event a success year after year. Sláinte.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, it is with great honour I rise today to speak about this significant piece of legislation. We can all agree on the importance of acknowledging the impact of Indian residential schools on first nations, Inuit and Métis people.
Bill C-369, an act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation), calls for a day of commemoration, but an essential part of this day would be about educating Canadians.
I represent an area of Montreal that is traditional indigenous territory. It does not have a reserve on it, but it has many indigenous people and was a meeting place for indigenous peoples well before my people arrived.
The challenges we face as non-indigenous people in understanding what has gone on in the past are great. Before the word “reconciliation” comes the word “truth”, and that is perhaps the biggest challenge we face not only in this House but across Canada. What we still do not know is the truth. Often the truth is exceedingly painful.
I have had the privilege of starting on a very long path of learning an indigenous language, and not surprisingly, it has come with some surprises. As someone who was taught English and French, and has taken them both for granted, my conception of language is kind of a string on two soup cans between the people talking. It just vibrates, and that is what language is.
Naively, I embarked on this attempt to learn Kanyen'kéha, or Mohawk, thinking, like an idiot, “How hard could it be?" It is exceedingly hard. Having put perhaps an hour a day into it, I come out of these learning sessions, whether I am doing passive listening or working in my workbooks, with my brain completely fried.
One would think of it as if I were embarking on learning another Indo-European language that had some similarities with English and French. It is quite the contrary. It is a process of learning root words and piecing together ideas and images that are then conveyed onto other people. In this, one gains a very small glimpse into a window—
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, this has allowed me to have a small window into what it means to understand certain concepts that were completely foreign to me, whether we are talking about creation stories or the connection of language to the land. This is something I would have entirely taken for granted two years ago had I not attempted to learn the language, however bad I am now.
When I talk to non-indigenous people about my learning experience, and I have received emails and phone calls, I have found that it pulls a deep emotional chord on people's heart strings, which I never realized at the outset.
In Quebec, we struggled with French in a sea of English. What it does for people is entrench the deep emotional importance of who one is as a person. It is a core element of identity. It is why this government and the entire House supports the indigenous languages act.
My point is that as we recognize a day for truth and reconciliation, we have to come face to face with the truth before we can perfect reconciliation. That comes with a lot of emotional wounds and scars that will be reopened. We see that as we engage and go deeper in our engagement with indigenous peoples. This is not something that can be embodied in one day. However, that day would support a time of reflection for non-indigenous people.
When I speak to constituents who do not have any indigenous heritage, they tell me that they are very eager to learn, but the sources are not there. This would be a very small element in beginning to understand what indigenous people have gone through in this country, both the good and the bad.
There is a tendency, and it is an unfortunate tendency, whether one is an advocate for indigenous issues or not, to always draw to the fore the bad things, and that has the perverse effect of re-stigmatizing. There are some good things going on in this country. I had the opportunity to have the Minister of Crown-Indigenous Relations over to my house to speak to some very powerful indigenous voices from Colombia. They were shocked that she used the word “self-determination”, because that is not something they hear from officials in their country.
As we take a step back and recognize what this government has achieved, there is a lot to be proud of. However, there is a lot to ask forgiveness for continuously to move forward, not for the sake of forgiveness itself.
This would be a symbolic day. My hope is that non-indigenous Canadians will seize this as a moment of reflection to better perfect the relationship we need to have with indigenous people to move on as a country and to look at ourselves as we imagine ourselves to be but are not yet.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, based on this last intervention, we can all agree there is a complex legal regime that surrounds confidentiality and is something that needs to be discussed and analyzed quite thoroughly in a non-partisan arena. As we have seen over the last few days, it has become quite partisan, to the point of creating what has been called an unholy alliance between the Conservatives and the NDP.
I know a lot of the NDP members from Montreal are out pulling votes. I gladly provided them with a map of Outremont for their benefit. The joke is on them because they do not do door-to-door all that much.
In any event, I will get on with the core of my speech.
I would like to address the House on a very important aspect of this debate, one our government takes very seriously, which is our integrity regime that governs how we do business with suppliers. Let me be clear about where our government stands on this issue. Simply put, unethical business practices should have no place in the Government of Canada's business at all. We do not, and will not, stand for it. Canadians should not, and will not, stand for it.
The fact is that corporate wrongdoing imposes significant, economic and social costs that can weaken competition and threaten the integrity of our markets. It can also place barriers on our economic growth and significantly increase the cost and risk of doing business. Additionally, it undermines public and investor confidence.
I want to assure Canadians that protecting the integrity of our public programs and services is one of our highest priorities. How we do business with suppliers is by no means an exception. The fact is that the Government of Canada spends approximately $20 billion per year on procurement contracts, real property agreements, the management of Crown-owned properties and rental payments on over 1,690 lease contracts across the country.
These are significant dealings that call for a robust and effective integrity regime, which is precisely what we have. It helps foster ethical business practices, ensures due process for suppliers and upholds the public trust in those dealings. As the government's central purchasing agent and real property manager, Public Services and Procurement Canada is deeply committed to ensuring the highest ethical standards in everything it does. Fraud, collusion and corruption have absolutely no place in our dealings. That is precisely why PSPC has a rigorous framework around prevention, detection and enforcement. The framework is firmly based on the values of fairness, transparency and accountability, and it is focused on delivering real results for all Canadians.
In 2015, Public Services and Procurement Canada put in place a government-wide integrity regime aimed squarely at ensuring the government did business with ethical suppliers in Canada and abroad. As part of this work, PSPC conducts more than 20,000 integrity verifications annually on contracts and real property transactions. The names of ineligible and suspended suppliers are posted on the department's website.
While our integrity regime is strong, our government is committed to making it even more effective in the fight against corporate wrongdoing. In fact, since taking office, this government has taken significant steps forward to do just that. Our commitment to Canadians has always been to ensure our approach remains transparent, rigorous and consistent with best practices in Canada and abroad.
In everything we do, we believe consultations are an important step in ensuring clear and transparent laws and policies fair to all. Our approach to improving and modernizing how we deal with corporate misconduct is no different. In 2017, we conducted a public consultation to seek input on expanding Canada's tool kit to address corporate wrongdoing. Government officials consulted over 370 participants and received 75 written submissions.
In keeping with our commitment to transparency, we released a report that summarized the views of those who participated in this consultation process. The report is available to all Canadians online, and I encourage all members to read it.
Based on what we have heard, last year we began the work to update and enhance our approach. Those actions included a number of provisions that we are discussing today for remediation agreements, equivalent to the Canadian deferred prosecution agreements, which are essentially an additional tool to hold corporations to account. Let me underscore the words “deferred prosecution agreement”. It is not something that was conjured up yesterday. I would point the House to a number of provisions in the Criminal Code of Canada that date back to early 2000 that deal with how we treat corporations.
Dealing with corporations that have committed serious offences is important for the integrity of our markets, the integrity of Canadians, but sentencing has to deal with justice, fairness and proportionality. I know the Conservatives have criticized us for suggesting that we need to protect jobs in this country, but the provisions that allow us to do that, or that allow prosecutors to do that for that matter, are in black and white in the Criminal Code.
Let me read for the House, section 718.21 of the Criminal Code, which tells about which factors the court considers when imposing a sentence. We are not talking about a deferred prosecution agreement, and I will be quite clear about that. This is when a company has been found liable and the court needs to consider factors in sentencing. It reads as follows:
A court that imposes a sentence on an organization shall also take into consideration the following factors:
(a) any advantage realized by the organization as a result of the offence;
(b) the degree of planning involved in carrying out the offence and the duration and complexity of the offence;
(c) whether the organization has attempted to conceal its assets, or convert them, in order to show that it is not able to pay a fine or make restitution;
(d) the impact that the sentence would have on the economic viability of the organization and the continued employment of its employees;
(e) the cost to public authorities of investigation and prosecution of the offence;
(f) any regulatory penalty imposed on the organization or one of its representatives in respect to the conduct that formed the basis of the offence;
(g) whether the organization was - or any of its representatives who were involved in the commission of the offence were - convicted of a similar offence or sanctioned by a regulatory body for similar conduct;
(h) any penalty imposed by the organization on a representative for their role in the commission of the offence;
(i) any restitution that the organization is ordered to make or any amount that the organization has paid to a victim of the offence; and
(j) any measures that the organization has taken to reduce the likelihood of it committing a subsequent event.
We have heard in the House over the last week, in various political panels, that these were novel regimes designed to whitewash actions of a corporation. They are quite the contrary. People who are saying that have no particular understanding of what the Criminal Code considers as fairness, justice and proportionality in sentencing.
I do not discount partisan read, but I question the people who are suggesting this particular knowledge of the Criminal Code. The provisions I cited date back to about 15 years.
The remediation agreements are similar in the objectives that they seek, and I need to highlight them here as well. For purposes of my next quote, I am citing section 715.31 of the Criminal Code, which talks about remediation agreements and underscores their purpose. It reads as follows:
The purpose of this Part is to establish a remediation agreement regime that is applicable to organizations alleged to have committed an offence and that has the following objectives:
(a) to denounce an organization’s wrongdoing and the harm that the wrongdoing has caused to victims or to the community;
(b) to hold the organization accountable for its wrongdoing through effective, proportionate and dissuasive penalties;
(c) to contribute to respect for the law by imposing an obligation on the organization to put in place corrective measures and promote a compliance culture;
(d) to encourage voluntary disclosure of the wrongdoing;
(e) to provide reparations for harm done to victims or to the community; and
(f) to reduce the negative consequences of the wrongdoing for persons—employees, customers, pensioners and others—who did not engage in the wrongdoing, while holding responsible those individuals who did engage in that wrongdoing.
There has been a lot of discussion about how this has been taken in Quebec, the reaction in Quebec and the alleged willingness of Quebeckers to glance over this. I mentioned in a prior speech that the rule of law is as equally important in Quebec as it is in any other province. However, we hear this narrative coming back into the Conservative discourse particularly. They are thinking that Quebec will somehow let these issues off the hook faster than they would in other provinces. I find it disgusting. We have told them to say it in French and they do not. If one aspires to lead this country, one needs to hold a discourse that has the same narrative across this country, in both official languages. I am not hearing that from members of the opposition.
I also heard a member of the opposition suggest that a member of Parliament, conveniently from Montreal, was appointed to be Minister of Justice and Attorney General, which somehow insinuates that he would be more lenient on a company that has its headquarters in my riding. Before I get into the substance of it, let me remind this House of the merits of the current Attorney General. He has a Ph.D. from Yale. He served as a professor at McGill University for many years and has given impeccable legal advice throughout a distinguished career. To have a member of Parliament stand up and question his integrity is a disgrace. We can talk about bashing Montreal MPs. I am one. The member can bash me, that is okay, but I do not stand it for any of my colleagues. Regarding the allegation that he made against the current Attorney General, I would invite him to say it outside of the House.
What we have talked about today, and what we will continue to talk about presumably over the next few days, is a regime that is intended to put a company that has admitted its crime, paid its dues and taken steps to ensure the measures it is accused of cannot and will not happen again is given a deferred prosecution agreement. That means that if it violates that agreement, it can be prosecuted. It does not mean it is off the hook. However, it does allow it, for example, to compete internationally against similarly situated companies that may or may not have benefited, and more often than not may have benefited, from similar regimes in projects that require that type of regulatory framework.
As I mentioned before, SNC-Lavalin can defend itself. It has capable lawyers. However, let no one in this House suggest that the deferred prosecution regime was intended for any particular company. It is a regime that balances three things, proportionality, justice and fairness, to allow companies not to have terminate innocent employees, for example, among other things. Any member of Parliament who is suggesting that this is a Quebec thing not only does not understand Quebec but also does not understand the company they are levelling accusations against. It has most of its employment outside Canada, and most of its Canadian employment outside of Quebec.
The enhanced policies that I have set forth expand on policies that are already in existence but that we have sought to make better. In certain circumstances, companies can be declared ineligible or suspended from doing business with the government. These policies also provide flexibility in determining periods of ineligibility to ensure that they are proportional, and based on the nature and the context of the offence and the steps taken by the suppliers to address misconduct. I would also note that under our current policy, a supplier found guilty of committing an offence may be declared ineligible for a period of up to 10 years.
The ineligibility and suspension policy is an important component of the integrity regime. It sets out when and how a supplier may be declared ineligible or suspended from doing business with the government for a period of up to 10 years.
Allow me to inform this House about some of the things we learned and how we have taken action to address feedback gathered during those consultations, specifically as it pertains to our integrity regime.
First and foremost, it was encouraging to see that participants were fully supportive of fair, proportional and transparent measures that enable the government to take action against corporate wrongdoing. They also supported measures that ultimately hold companies accountable for misconduct.
Among the majority of stakeholders, there was a call for additional discretion and flexibility within the integrity regime, specifically into the provisions of the ineligibility and suspension policy. As we look to strengthening the regime, we know that we must strike a balance by considering more flexibility in the policy that directs it and expanding the list of circumstances that could result in ineligibility.
Let me come back to the matter currently under debate. I am a bit perplexed at the request to have the Prime Minister appear before the Standing Committee on Justice and Human Rights. Over the past two weeks, I have seen the Prime Minister answer 40 questions on the matter for a total of 45 minutes and that does not include the questions that we all heard today. We have had questions from six MPs and two party leaders—the leader of the Conservative Party and the leader of his own party, the name of which escapes me, the hon. member seated at the back near the leader of the Green Party. Obviously the NDP House leader also asked questions of us.
I analyzed the questions, and I do not want to repeat all of them, but obviously the Conservatives' questions were disrespectful and implicated the Prime Minister's principal secretary, Gerald Butts, an individual who served our country with honour and integrity. I want to emphasize that. Canadians are indebted to him. The Conservatives wanted to call into question that individual's dignity and the way he served our country, no matter what the cost.
I know there is one member of the NDP who will laugh at this, but I wanted to compliment the parliamentary leader, who called for the waiving of solicitor-client privilege. The Prime Minister answered that question very respectfully. I will tell him because he is not in the House. I do not want to point out someone's absence from the House. The NDP's questions were more respectful than those of the Conservatives, with few exceptions. There was one question about lifting the confidentiality regime. Obviously, we would need to debate that to determine why confidentiality should be waived. There are cases before the courts. We have to look at striking a balance, achieving a proportionality, before confidentiality can be waived, whether we are talking about cabinet confidences or solicitor-client privilege.
In my private practice, I was subject to solicitor-client privilege. Any time we wanted to waive that privilege, all of the potential impacts had to be examined.
There are two cases before the courts. There is talk of an investigation by the Ethics Commissioner. Obviously, these considerations could harm the interests of Canadians and third parties. This is something that must be figured out between the former attorney general and cabinet as such.
I am sure—and this will make the debate less partisan—that this will be settled among lawyers in a sober and deliberate way, and that the former minister of justice and attorney general will have the chance to speak candidly.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, I thank the member for his question. With respect to his first observation, I would suggest that he listen to what his friend said when he subtly impugned the integrity of my colleague, the Minister of Justice and Attorney General of Canada, by saying how convenient it was that the minister is from Montreal. That is an obvious case of Quebec-bashing. I would encourage him to speak to his colleague and ask him to apologize because that is unacceptable.
With respect to what he said next, waiving confidentiality involves some very complex considerations. If he wants to ask the Prime Minister questions, he can do so in the House. If he is not happy with the questions his leader asks, he himself can ask the Prime Minister. There is ample opportunity to do so every Wednesday.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, I thank the member for his question.
Canadians expect there to be robust discussions between the Minister of Justice and Attorney General of Canada and the Prime Minister's Office in a G7 country, a pluralistic democracy.
Canadians expect there to be extensive, even difficult, discussions on certain issues, especially issues that could hurt our country, whether we are talking about jobs or any other issue. Otherwise, we would be living in a democracy that does not reflect who we are. Obviously, in this particular case, the final decision was for the former attorney general to make.
The nature of those discussions is quite unique. They are subject to cabinet confidentiality, in other words, cabinet confidence, within a solicitor-client relationship. There are two kinds of confidentiality, perhaps even three or four. The confidentiality we are talking about refers to the legal privilege that exists between solicitors and their clients. There is also a general confidentiality regime.
People are confused, and they have every reason to be. However, the regime must have a partial exception for matters in which the clients, who in this case are cabinet and the Prime Minister, speak about matters that could be secret and could have unintended consequences for third parties. We do not want information to get out that could undermine an ongoing court case, for example, or, and I am obviously speculating here, that would have a negative impact on a third party or inadvertently reveal secrets. As a citizen, I think that secrets should stay within cabinet.
I am a member of the caucus, and I expect my cabinet to keep secrets. I expect some matters not to be known in the public sphere. This is absolutely reasonable to me. Lawyers obviously need to have a non-partisan discussion to understand the scope of what the witness would testify to. I support these kinds of discussions, in order to give Canadians the truth they are looking for.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, I am a politician, so I will comment, but normally I would not, as that was extremely well said.
The national economic interest was put into that agreement because of our obligations under the anti-bribery treaties with the OECD countries. It is intended to ensure that we do not let a company go simply because the national interest demands that we do so. It is to avoid protectionism and to avoid rewarding wrongdoers. It is not a provision that is intended to exclude every single large company in this country.
I would note, in the case of the company everyone is speculating about, that it is a company that has jobs outside Canada. Therefore, we could perhaps make an argument that these sorts of considerations would not apply to it. However, these are important things, because we do not want to encourage bad behaviour and protectionist behaviour. That is why these provisions were put in place. However, they cannot be interpreted so broadly as to exclude large companies in this country.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, Canada is a nation governed by the rule of law. This basic premise is not only written into our Constitution, but it is also found in the actions of our political actors and in the structure of our executive, legislative and judiciary institutions, as well as how they relate to one another.
Upholding the Constitution requires not only respect for the supreme law of the land, as set out in the provisions of our Constitution, but also rules and practices that reflect and support constitutional values.
As a member from Quebec and someone who has worked in the legal field in several jurisdictions, including in Europe, the United States and Quebec, but mainly in Quebec, I found it very troubling to hear certain members and media outlets suggesting that Quebec does not uphold the rule of law to the same extent as other provinces. That statement is completely false and utterly shameful.
In our parliamentary system we must adhere to and respect well-established constitutional principles and conventions. Foremost among them is the principle of separation of powers, which our Supreme Court has emphasized in a principle that is fundamental to the workings of Parliament and the courts. This principle requires that each branch of government recognize the role of the other branches and respect the appropriate limits of its own role.
As Justice McLachlin, later the Chief Justice of the Supreme Court, wrote in New Brunswick Broadcasting in 1993:
It is fundamental to the working of government as a whole that all these parts play their proper role. It is equally fundamental that no one of them overstep its bounds, that each show proper deference for the legitimate sphere of activity of the other.
In 2005, Justice Binnie observed that it was a wise principle that the courts and Parliament strive to respect each other's role in the conduct of public affairs. He went on to state:
Parliament, for its part, refrains from commenting on matters before the courts under the sub judice rule. The courts, for their part, are careful not to interfere with the workings of Parliament.
We have emphasized, here in the House, the need to respect parliamentary privilege. As Justice Binnie indicated, “[p]arliamentary privilege...is one of the ways in which the fundamental constitutional separation of powers is respected.”
However, we also need to remember that the separation of powers requires respect for the constitutional principle of the independence of the judiciary and that we need to refrain from interfering either directly or indirectly—and that is important to note—in the adjudicative function of the courts. That applies particularly to courts that deal with criminal and other related cases.
One way we in the House continue to protect the principles of the separation of powers and judicial independence is through respect for the sub judice rule. That rule is embodied in a cherished constitutional convention.
Democratic government under the rule of law has been under attack lately domestically and abroad. Continuing to ensure respect for constitutional conventions is one of the ways our political culture supports a modern parliamentary democracy that is also attuned to the values Canadians cherish, including the independence of our courts and the right to a fair trial.
Similarly, we need to abide by the sub judice convention because it contributes to respect for the principles of separation of powers and independence of the judiciary, which are fundamental to any pluralistic democracy.
We need to strike a balance between the powers, roles and duties of the executive, legislative and judicial branches, and this long-standing convention is an important means of accomplishing that.
Parliamentarians should be very familiar with the sub judice convention. There has been enough talk about it.
In fact, it is described at length in the authoritative guide to the workings of the House of Commons, House of Commons Procedure and Practice, which I hope everyone has read, as an “exercise of restraint on the part of the House in which restrictions are placed on the freedom of Members to make reference in debate to matters which are sub judice, that is, awaiting judicial decisions. It is also understood that matters before the courts are also prohibited as subjects of motions, petitions or questions in the House.”
This book goes on to note that this “restriction exists in order to protect an accused person or other party to a court action or judicial inquiry from any prejudicial effect of public discussion of the issue. The convention recognizes the courts, as opposed to the House, as the proper forum in which to decide individual cases.”
It is also worth noting that the convention “has been applied consistently” to “all matters relating to criminal cases”.
In our parliamentary system, speaking of a matter that is before a court of justice, particularly a court seized with a criminal matter and related proceedings, may risk prejudicing the outcome of a trial and may affect the protection of due process, including the presumption of innocence afforded to accused persons in our society.
Let me say this. Over the last few days, we have seen a rush to judgment and politicalization by certain opposition MPs. While I hasten to say that I offer no excuses for SNC-Lavalin, and indeed it is fully capable of defending itself, I find it highly troubling that some colleagues would readily condemn it for their own personal political gain.
When I meet lobbyists, which we have bandied about as almost a dirty word, it is highly informative of what goes on in Canadian society. I choose carefully who I meet. It is not a one-way discussion; it is a two-discussion. I ask them what they can do for the citizens of Canada.
As we who have been elected to this House know, our duty in this House is to be the representatives and voices of our constituents, not just the ones who voted for us but all the constituents in our ridings. That does not mean that we can ignore what businesses say to us, because they employ a lot of people in our ridings. In the centre of Montreal, they employ many people who are not necessarily capable of voting for someone like me, because they come in through the 14 metro stations in my riding. That does not mean that I will not stand up for those people, the employees, if there are circumstances that affect their families, whether or not they have chosen to vote for me.
My job is not to protect business but to protect the people in my riding: their charter values, their livelihoods, and first and foremost, their physical integrity and their right to have gainful jobs and to contribute to this economy. Therefore, when a company, whether large or small, comes into my riding, my principal focus is the employees and ensuring that good jobs for Canadians are maintained in my riding.
The Canadian Charter of Rights and Freedoms constitutionally guarantees the right of a person charged with an offence to be presumed innocent until proven guilty, according to the law, in a fair and public hearing before an independent and impartial tribunal. I am certain that no one in this chamber would want to undermine that fundamental constitutional right by discussing a matter that is within the rightful purview and jurisdiction of the court and is before it pending a decision.
In the case at hand, it is reasonable to ask this: After a proper accounting is made of white-collar crime and the actors are punished and fines are levied, what is left? It goes back to what I said earlier. The answer, more often than not, is employees who may see their families and livelihoods jeopardized by further prosecution. In this sense, and I will stress that I have no direct evidence of what has been discussed, the Prime Minister's Office would have been remiss not to seek advice from the then attorney general, and the then attorney general would have been remiss not to give that advice.
I want to take a moment as well to pay homage to the work done by the former minister of justice in advancing key elements of our platform. Whether it was the legalization of cannabis or assisted-dying legislation, they are elements that touch upon moral values and go beyond legislation. I want to pay tribute to the work she did in that role in advancing the values of Canadian society.
She has also helped me, on personal level, deal with issues of which I know very little. In that sense, I refer to indigenous issues, which are top of mind for this government. I want to thank her for her service in that respect.
This brings us back to the reason for the rule, which is to protect not only the constitutional rights of accused persons, but also the constitutional principles of judicial independence and separation of powers.
In the House, which respects these principles as well as constitutionalism and the rule of law, we need to do everything in our power to prevent interference, or the perception of interference, in due process, the broader principles of fundamental justice and the impartiality of the courts.
Let me discuss this concept in some detail. As I have said, by convention, members of Parliament do not comment on matters that are pending before the courts. This is known, as I said earlier, as the sub judice rule, which is just fancy Latin for matters under judicial consideration.
The rule is appropriately described in Beauschene's Parliamentary Rules and Forms of the House of Commons of Canada: “Members are expected to refrain from discussing matters that are before the courts or tribunals which are courts of record.”
Why do I mention this? It is because, so far, despite many media reports, what we have are unsubstantiated allegations. Indeed, we have had two high-profile resignations, but we do not know the substance of those allegations. I know many people will stand in the House and say that we should get to the bottom of this. What I have said in the last few minutes as an answer speaks for itself.
If anything, the motion today is premature, absolutely premature, with very few substantiated facts. The members opposite, even some reputed legal minds, in fact legal minds I respect quite profoundly, would hasten to waive solicitor-client privilege. We could have a long discussion as to whether it has already been waived.
Hon. Erin O'Toole: It has.
Mr. Marc Miller: I thank the member for Durham for pointing that out. We worked in the same firm, but not contemporaneously. He has suggested that it already has, and again, he is substituting his mind for other legal minds. I know, despite that, that he is a humble man.
Solicitor-client privilege is a basic tenet of our democracy, of common law courts more particularly. As applied to the relationship between the Prime Minister's Office and the Attorney General, it has a number of particular legal twists. However, the fundamental tenet remains the same. It allows the client, in this case the Governor in Council or the Prime Minster's Office, whatever we call it, to get full, complete counsel on matters that are of capital importance. The corresponding role of the lawyer is to give free and unfettered advice back.
Again, as many members have pointed out, it is a privilege that can be waived by the proverbial client. Whether it should be is an entirely different consideration, because we are talking about complex matters that, as we have seen in the last week, have been highly politicized and based on what we know to be, so far, unsubstantiated reports.
Members may take different positions on this motion, and indeed different positions may be taken within our caucus and with respect to other parties in the House, but there is a level of prematurity here that we cannot deny.
I have heard a number of arguments given here today. I am studying the motion, and indeed, my colleagues are studying the motion, in depth. We need to take a deep look at where we want to go with this. These are matters before the court, and as I mentioned, I am in no position to, nor should I necessarily have to, defend one of Canada's largest companies. It has wise counsel.
Yes, there may very well be jobs at risk, regardless of the province they lie in. I have no direct evidence that discussions occurred, but the very difficult discussions that may have occurred between the Prime Minister's Office and the former attorney general were most likely appropriate under the circumstances, and correspondingly, the former attorney general's advice had to be heeded. Attempting to open that process to a highly politicized inquiry through which members may very well, wittingly or unwittingly, compromise judicial positions in court, with potentially unintended consequences, is cavalier, particularly in the face of unsubstantiated evidence.
I would readily concede that we do not know enough. The issue is whether we are publicly entitled to know enough. The only things that prevent that are solicitor-client privilege, which is a basic tenet of a pluralistic democracy, and various levels of confidentiality that may or may not be asserted. This lies at the very core of what we are as a country and as a democracy, which is respect for the division of powers, respect for judicial process and respect for the right to be presumed innocent until proven otherwise in a court of law.
I respectfully submit to the House that before implicating any particular company, or importantly, any person, it is important that we exercise the requisite prudence and refrain from discussing these matters, not only to protect the parties but because the trial could be affected by debate and conjecture in the House.
I ask all my colleagues in the House to join me in reflecting on the importance of maintaining respect for the sub judice convention and the broader constitutional principles that have been developed specifically to protect criminal matters and related proceedings.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, it is no secret to this House that my friendship with the Prime Minister goes back quite some time. The member opposite opened the door; it is not my position to speak about that relationship. I will simply underline that one of the reasons I dropped quite a decent job to run to represent Canada was based on four decades of experience of the honesty and integrity of the person who is the current prime minister.
I will also say this about Gerald Butts, who has just resigned. His resignation is a loss for Canadians, and it is a loss for Canada. It is something we will have to reconstruct as a government in order to move on and pursue the work of someone who is so passionate in the defence of Canadians and of progressive, non-partisan politics in our country.
As much as people may object to that and think it is the contrary, that is absolutely not the case. Gerald Butts has nothing but Canada and Canadians at heart. He has sacrificed a tremendous amount to do that, and I hope he continues to do that over the next few years.
I am not going to talk about when and where privilege gets waived. It is a highly opportunistic argument from the member for Durham. In that regard, it is up to the former attorney general to take a position. She has retained wise counsel in that regard, and no doubt she will be speaking up and speaking truthfully, as she always has in the past, when she gets the opportunity to get proper counsel on that matter.
View Marc Miller Profile
Lib. (QC)
Mr. Speaker, I will readily concede that what is missing here are the facts. It requires the House to speculate. Thus far, that speculation has been based on unsubstantiated claims of pressure, which may be entirely licit or illicit, and that an investigation should be launched. In my mind this is entirely premature.
I worked in the corporate field in a number of jurisdictions, with both larger and smaller companies than the one at issue. Clients need to have a comfortable area in which they can talk to their lawyer openly. They will go through strategy sessions, asking, “Can we do this? Can we do that?” If a client suggests that their lawyer should do something that the lawyer cannot do, that lawyer must speak up and report up. Lawyers need to have that confidence with their client to report it up. If a client orders them to do something, their lawyer must resign and refuse to do it.
Again, I am speculating, but if I were in that position I would expect the former attorney general to do precisely what it was her job to do. I have no doubt that she did it.
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