OGGO Committee Report

In the course of this study, the committee chose to invite Kristian Firth to appear before it.

The committee reports the following facts to the House:

Following a refusal of the witness to appear, the committee reported this failure to the House on Monday, February 26, 2024, which resulted in the House of Commons adopting an order for both Mr. Kristian Firth and Mr. Darren Anthony to appear before the committee within 21 days.

Mr. Firth agreed to comply with the House order and during his appearance before the committee on Wednesday, March 13, 2024, Mr. Firth provided a statement and was asked a series of questions by committee members concerning his role with the ArriveCAN application.

During this witness testimony, the committee was unable to ascertain certain facts from Mr. Firth, who repeatedly refused to answer questions, citing a potential investigation by the Royal Canadian Mounted Police as a justification for his refusal to respond.

The committee notes that House of Commons Procedure and Practice, Third Edition, 2017, at pages 1078-79, states the following:

Witnesses must answer all questions which the committee puts to them.674 [ref.] A witness may object to a question asked by an individual committee member. However, if the committee agrees that the question be put to the witness, the witness is obliged to reply. On the other hand, members have been urged to display the “appropriate courtesy and fairness” when questioning witnesses.675 [ref.] The actions of a witness who refuses to answer questions may be reported to the House.676 [ref.]

Additionally, some of the witness testimony provided by Mr. Firth was called into question as being misleading or false.

The committee also notes that at page 1081, the following is also noted in relation to witnesses who are duly sworn-in:

Likewise, refusal to answer questions or failure to reply truthfully may give rise to a charge of contempt of the House, whether the witness has been sworn in or not.689 [ref.]

As a result, and in response to Mr. Firth’s refusal to reply, as well as questions concerning the truthfulness of his responses, the committee adopted the following motion:

That the Committee instruct the Clerk and analysts to prepare a report to the House, which the Chair shall table forthwith, outlining the potential breach of privilege concerning Kristian Firth’s refusal to answer those questions which the Committee agreed to put to him and his prevarication in answering others.

Your committee feels it is their duty to place these matters before the House at this time since a question of privilege may be involved and to give the House an opportunity to reflect on these matters.