:
I call the meeting to order.
Welcome to meeting number 106 of the Standing Committee on Procedure and House Affairs. The committee is meeting today to begin its study of parliamentary protocol related to the incident in the Speaker's gallery on Friday, September 22, 2023.
Care for the interpreters must be taken. The House administration is here, so I'm sure you know very well that the earpiece is a resource and a tool, not a gadget. If you could keep it away from the microphone, that would be great for the ears of the interpreters.
We received an email that was circulated last night with regard to someone who has some experience on this file and who would like to appear. I would ask members if we are good with inviting this individual. We can also discuss this at the end of the meeting. Are we okay with having this individual appear? Are there any concerns? We'll find a suitable spot for them and we can proceed accordingly. The clerk and I can determine that. Thank you.
We will maintain a consolidated speaking list.
Today we have with us Eric Janse, the Clerk of the House of Commons; Michel Bédard, Law Clerk and Parliamentary Council, Office of the Law Clerk and Parliamentary Counsel; Patrick McDonell, Sergeant-at-Arms and corporate security officer—whom I thank always for his and his team's service—Jeffrey LeBlanc, deputy clerk, procedure; Stéphan Aubé, acting deputy clerk, administration; Jeremy LeBlanc, clerk assistant and director general, International and Interparliamentary Affairs; and Nancy Anctil, chief of protocol and events management.
I understand there is one person providing opening comments. That person will have up to 10 minutes for those comments, and then we will start with questions and comments from committee members.
The floor is yours. Welcome to the Standing Committee on Procedure and House Affairs.
:
Thank you very much, Madam Chair.
I realize there's a small army of us appearing before you today. We figured that this was the best way to ensure that we can answer all of the committee's questions.
Thank you for inviting me and my colleagues to appear today in relation to the address to Parliament by His Excellency Volodymyr Zelenskyy, which took place on September 22, 2023. Given what transpired during the event, I certainly recognize the desire of all members to ensure that such an incident never occurs again.
I am here to give the committee a description of the House administration’s role in extending invitations to guests during addresses to Parliament and in screening them for physical threats.
From time to time, the House of Commons chamber is the site for a joint address to Parliament by a distinguished visitor, usually a head of state or head of government.
[Translation]
As host, the Speaker takes a pre-eminent role in such events, which are organized in accordance with an established protocol.
:
Throughout the planning and execution of the address, the parliamentary protocol office ensures that information is shared among partners, coordinates logistical and protocol requirements and ensures that all arrangements follow established parliamentary practice.
[English]
A key aspect of this function involves the coordination of invitations to guests present in the chamber and in the galleries during an address. While members of the House of Commons occupy their desks, additional seats in the centre aisle of the chamber are designated for senators and certain Canadian and foreign dignitaries.
A number of seats that are not occupied by parliamentarians are distributed based on a pre-established guest list, which includes certain groups on the Table of Precedence for Canada, as well as the Prime Minister’s Office, the visiting delegation and the Speakers. The remaining seats are allotted to senators and members of the House of Commons.
The formula used for the distribution is developed by the House administration and approved by the Prime Minister’s Office and the parties for each address. In recent years, the breakdown of available seats per party and group has reflected the current standings for each in the Senate and the House of Commons.
[Translation]
Once the allocation of seats has been approved, each group is invited to submit their lists of intended guests to Parliament's protocol office, which coordinates the sending of the invitations. Each group and party that submits names is responsible for their own guest list. These lists are not shared with other parties or groups and, in keeping with the independence of Parliament, they are not shared with government, either.
[English]
I would like to repeat this in English, as it has been the subject of much discussion. Guest lists provided to the protocol office are not shared with other parties or groups and, in keeping with the principle of the independence of Parliament, they are not shared with the government either.
[Translation]
As for most events taking place on Parliament Hill, when the parliamentary protocol office receives guest lists, they ensure that the names of the guests are shared with parliamentary security partners, including the parliamentary precinct access team. These teams then verify the names against a security database and assist with the accreditation of the guests.
[English]
As with all visitors to parliamentary buildings, guests for an address to Parliament must go through a physical security screening process when they arrive on Parliament Hill. Guests to Parliament are not screened for reputational threats, which in any event would be difficult to achieve in the very short time available for the organization of such ceremonies. In addition, it is worth pointing out that almost all guests are merely spectators and play no formal role in an address to Parliament.
For the address to Parliament that took place on September 22, the names of Mr. Hunka and his son were submitted by the Speaker of the House of Commons and his office to the parliamentary protocol office. The process was the same as for previous addresses and for other groups that can submit the names of guests.
[Translation]
On the matter of recognition of guests, there are guidelines and processes that exist surrounding recognitions that occur during sittings of the House. These guidelines are designed to permit the orderly and appropriate recognition of dignitaries in the Speaker's gallery, without unduly interfering with the flow of business on the floor of the House.
While the present recognition guidelines apply when the House is in session, they do not extend to special ceremonies or events taking place in the House of Commons that are not official sittings of the House, such as an address to Parliament by a distinguished visitor.
It is worth noting that the practice of recognizing visitors in the gallery during an address to Parliament is a relatively new one. During recent addresses, the Prime Minister or the distinguished visitor has sometimes taken to doing this during their remarks. That is what Speaker Rota chose to do during the address in September. The House of Commons administration's advice was not sought in relation to the recognition of Mr. Hunka by Speaker Rota during his remarks.
[English]
In light of recent events, there is an understandable desire to strengthen procedures associated with the recognition of guests at these high-profile efforts, should this practice continue. Indeed, offered in October some suggestions to the House leaders for their feedback about additional steps that might be taken in relation to guests of the Speakers or the Prime Minister.
In conclusion, I would like to emphasize the House administration's desire to play a role in ensuring that a situation similar to the one that took place in the most recent address to Parliament does not happen again.
With that, I would like to thank you again for having invited me to appear before the committee. My colleagues and I will be happy to answer any questions you might have.
:
Thank you for those opening comments.
We will now enter into six-minute rounds, starting with Mr. Calkins.
[Translation]
Then we will go to Ms. Fortier and Ms. Gaudreau.
[English]
Then it will be Ms. Mathyssen.
I'll just say that in the past I've provided some leniency. We have a lot of new members at PROC now. Would you like me to continue chairing as I've always done? Would you like me to act as chair to end the time? As chair, I do have prerogative, so if witnesses do not have any time to comment, I am able to provide them time to comment.
I will continue doing that, so that's not a question, but should I continue chairing as I have chaired? I'm looking for agreement.
I see some agreement. Excellent. I will continue doing that.
Mr. Calkins, you have six minutes, through the chair.
:
Thank you very much, Madam Chair.
As a new member of the committee, I'm very happy for the opportunity to participate in this study. I've already done a bit of work in preparation.
The first question we need to ask is, why are we here today?
Ms. Gaudreau, I believe you asked the same question last week, so I'm trying to get back in that context.
I've had discussions with various parliamentarians, senators and MPs in order to really understand what happens in the House. That's the question we need to ask ourselves today. The role of the Standing Committee on Procedure and House Affairs is to examine what happens in the House, draw conclusions and make recommendations so that certain situations don't arise again.
Today we're hoping to shed light on the events that occurred in the House of Commons last September 22.
I understand that there are protocols and procedures to follow when receiving guests and recognizing their presence in the gallery during normal sittings. Now there are similar protocols for recognizing guests during joint addresses in the House, which is what most of my questions will be about.
Mr. Janse, you mentioned this in your opening remarks. I'd like you to give us an overview of the differences, in terms of protocol, between a normal sitting of the House and a joint address.
I consulted House of Commons Procedure and Practice. Chapter 7, page 339, footnote 175 says that there's a protocol, but it isn't specified. The footnote only refers the reader to chapter 9, so I went to chapter 9. At page 423, it's the same thing: They mention a protocol but I'm not seeing any details.
I'd appreciate it if you could explain the difference between the two.
:
I'll give you a brief explanation.
The difference with joint addresses in the House is that senators are invited to take their place in the House of Commons. The first seats are reserved for parliamentarians.
As for the other guests, our procedures are drawn from what the practice has been in the past. Some people are on the list of precedence, including the chief justice, former prime ministers, former governors general, as well as any guests of our distinguished guest. In the case at issue today, these were guests from the Ukrainian embassy and the Ukrainian delegation.
Then, what needs to be approved by parliamentarians is the way that the remaining seats in the gallery and the floor of the House will be distributed. For several years now, the practice has been for these seats to be allocated proportionally. For instance, if there are 300 empty seats, they will be divided in proportion to the representation in the House of Commons and the Senate. That's how the number of people is determined. So every party in the House and every group in the Senate knows how many people they can invite, and then it's up to them to send us a list.
:
Thank you, Madam Chair.
What we experienced was a disaster, everyone's well aware of that.
You told me earlier that you didn't know that the Speaker was going to draw attention to Mr. Hunka. What that tells me is that it was his mistake, not yours. You also said that you didn't have enough time to do background checks through open-source verification. Essentially, you bear no responsibility for what happened, since it was on Mr. Rota's initiative. That's what you're saying.
But the also invited Mr. Hunka, a former Nazi, to a ceremony in Ontario. In that particular case, the blame lies with the Prime Minister, wouldn't you say? Actually, I think that's essentially what you said. By inviting Mr. Hunka, the Prime Minister did the same thing as Mr. Rota. It was a deliberate choice.
In this whole affair, wasn't Mr. Rota simply asked to fall on his sword in order to save the Prime Minister? I'd like to know what happened there, because it's so ridiculous. Who can answer me?
:
Thank you, Madam Chair.
I would also like to thank all of my parliamentary colleagues for their invitation.
I'm here today to talk about what happened in Parliament in September, when the President of Ukraine, Volodymyr Zelenskyy, made his address.
It was a historic day for us all. His speech was an opportunity for us to reaffirm our unwavering support for Ukraine. Let's be clear: Back then, Ukraine was fighting for sovereignty in the face of Russia's illegal incursion into its territory, and it is still doing so now. Ukraine's war against Putin's Russia is a turning point for us. If Ukraine falls, we will all suffer. So we all have the duty, as Canadian parliamentarians, to set partisanship aside, do what's right and show a united front in supporting the Ukrainian people.
Unfortunately, President Zelenskyy's speech was tainted by a shameful incident that aggrieved a great many Canadians, especially those of Jewish and eastern European origin. A man was invited to sit in the gallery and was recognized by the Speaker as a hero. He was applauded by each and every member in the House, on all sides. It really is a horrible moment for our Parliament and for every member of the House. We weren't aware of this man's past in the Second World War. Still, we were called to pay tribute to him, in the presence of President Zelenskyy.
[English]
Chair, your committee is examining how this unfortunate incident happened. Let me review the chronology of what occurred in the days that followed President Zelenskyy's address.
The address in the House chamber occurred on a Friday. Over the weekend, details about the individual's involvement in the Second World War emerged. On the Sunday evening, Speaker Rota issued a statement he wrote. I quote:
On Friday, September 22, in my remarks following the address of the President of Ukraine, I recognized an individual in the gallery.
I have subsequently become aware of more information which causes me to regret my decision to do so.
I wish to make clear that no one, including fellow parliamentarians and the Ukraine delegation, was aware of my intention or of my remarks before I delivered them.
This initiative was entirely my own, the individual in question being from my riding and having been brought to my attention.
I particularly want to extend my deepest apologies to Jewish communities in Canada and around the world.
I accept full responsibility for my actions.
That was the explanation from the Speaker. It was concise, and he made it clear that he alone was behind the decision to invite the individual to the House.
The next morning, on Monday, the Speaker rose in the chamber and delivered a similar statement to members of Parliament. He said:
I wish to apologize to the House. I am deeply sorry that I have offended many with my gesture and remarks.
Notwithstanding his clear statement and his apology, there were questions raised by the opposition over whether the government was involved in the invitation to the House. The Speaker intervened in the proceedings and said clearly:
I just want to make it clear that it was my decision and my decision alone. This was a constituent who wanted to be here, and I recognized him. It was my decision, and I apologize profusely. I cannot tell members how regretful it is, which may not be good enough for some of you, and for that I apologize.
Chair, as you will recall, despite Speaker's Rota's explanation and apology, members expressed significant concerns about his actions in this regard. The next day, on Tuesday, September 26, he rose in the House to announce his resignation as Speaker. He reiterated his profound regret for his error. He said that it had caused pain to individuals and communities, including the Jewish community in Canada and around the world. Speaker Rota said:
I accept full responsibility for my actions.
Again, his words were clear and definitive.
Several months later, his explanation had not changed. In a letter he wrote to this committee on January 30, he wrote:
I reiterate that the decision to invite the person was mine, as was the decision to recognize him in my remarks.
[Translation]
In short, it's important to underscore the facts surrounding what happened in September.
The former Speaker clearly said that he alone was responsible for having invited this person to the House and to have decided to pay tribute to him in his speech. It was on his own initiative, and no other parliamentarians were involved.
The government played no role in this matter. Indeed, it was not aware that this person was going to be introduced in the House.
The former Speaker invited his own guests for the speech. He and his office chose them.
When the government learned about this horrible incident that had occurred in the House, the acknowledged just how painful the incident had been for Canadians and for communities affected by the Holocaust. The Prime Minister made a public statement about it outside of the House and also discussed it with members in the House. He noted that the Speaker, Mr.Rota, had sent the invitation, had underscored the presence of this individual in the House and had assumed full responsibility for it. The Prime Minister said that no members of the House of Commons had been aware of this person's background.
The Prime Minister put it as follows:
… on behalf of everyone in the House, I would like to present unreserved apologies for what took place on Friday and for the position that President Zelenskyy and the Ukrainian delegation were put in. For all of us who were present to have unknowingly recognized this individual was a terrible mistake and a violation of the memory of those who suffered grievously at the hands of the Nazi regime.
[English]
There is another point, Madam Chair, about which I would like to offer some brief remarks.
I'm here to work co-operatively, of course, with all of my colleagues to discuss what occurred in the House last September. However, I expect some of the committee members might plan to ask questions about another separate event that also occurred during that week.
When President Zelenskyy visited Canada, there was a community event in Toronto for him, with over 1,000 people invited. Hundreds of Canadians were invited upon the recommendation of community groups. The name of the individual we are discussing in these proceedings was submitted by the Ukrainian Canadian Congress. Ultimately, the person did not attend the event. It is important to emphasize that these two events—the evening gathering in Toronto and the address on the floor of the House in Ottawa—were two entirely separate events.
The final point to remember, Madam Chair, is that after this unfortunate incident occurred, our government left no doubt about where Canada stands in its unwavering support for Ukraine. The said that our country stands alongside Ukraine in its fight against Vladimir Putin's brutality, lies and violence. He paid tribute to the sacrifices of Ukrainians as they fight for heir democracy, freedom, their language and culture, and for peace.
The also publicly anticipated that this incident would be politicized and turned into false propaganda by Russia to weaken Ukraine. Not surprisingly, Putin himself continued with those efforts in recent days in an interview in Russia with far-right American conservative pundit Tucker Carlson. However, the facts speak otherwise. Canadians won't be fooled by this irresponsible and mischievous propaganda. Canada and Ukraine are allies. Our resolve to support Ukraine at this crucial time is no less strong now than it was then.
These are the facts of what happened last September. The Speaker at the time made a mistake, for which he was solely responsible. He accepted that responsibility and stepped down. However, we cannot and will not allow this to define our relationship with Ukraine. The people of Ukraine are our friends. At this time of peril in their history, they need our friendship. We will not let them down.
I would be happy to take your questions.
Thank you, Minister MacKinnon, for being here.
In the previous panel, the clerk mentioned that currently, procedurally, the list of categories to recognize individuals in the Speaker's gallery does not actually apply to a joint address. We went through the list of joint addresses to Parliament, which date back to 1940. There have been instances of people in the audience being referenced in a speech but not actually being formally recognized by the Speaker.
Given the fact that you are the government House leader, sit on the Board of Internal Economy, and speak with the other leaders of the opposition, do you think that this is something we should be putting into practice? It's not part of the Standing Orders, but do you recommend, going forward, that this could be a recommendation for us as part of procedure and practice?
:
Thank you, Madam Chair.
Thank you for being here, Mr. MacKinnon. It's always a pleasure to see you.
You've explained the situation very well. You even quoted what the Speaker of the House said with respect to his intentions and his answers.
Thank you again for reminding us of our firm support for Ukraine.
I believe the message to be learned today is that a solution needs to be found to prevent any similar situations from ever occurring in the House of Commons.
I'd like to begin by talking about the role of whip that you held at the time of this incident.
As we know, the government has to follow a process with respect to protocol. This has been clearly explained by the many witnesses we heard from earlier.
At what point did you have to intervene directly in the protocol process surrounding a joint address? Earlier, you were about to give an answer, saying that you had wanted to please your colleagues by offering them seats, but that the number of seats was limited.
Tell me about your role and what limits there are in this joint address process, by which I mean having senators in attendance.