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ETHI Committee Report

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Failure to Respond to an Order of the Committee
On Tuesday, May 7, 2024, the committee agreed, pursuant to Standing Order 108(3)(h), to undertake a study of the compliance of a minister with the Conflict of Interest Act.

In the course of this study, on Thursday, June 6, 2024, the committee adopted the following motion:

“That, in light of media reports, Minister Randy Boissonnault’s testimony at this committee, and the Ethics Commissioner’s confirmation that he is considering opening another investigation into Minister Randy Boissonnault’s actions, the committee call on the following witnesses to appear before the committee and testify for one hour:

(a) Stephen Anderson;

(b) Kirsten Poon;

And that the committee request that Stephen Anderson and Minister Randy Boissonnault produce for the committee all of their phone records, text messages, iMessages, and all instant messages and call logs from all applications from September 8, 2022, within seven days of this motion being adopted.”

Mr. Anderson mentioned that some of the information requested was personal in nature, requested that this information be guaranteed to be kept confidential and that, in the absence of a guaranteed confidentiality, he would not submit some of the documents. In the end, he did not submit any documents.

Pursuant to the same motion, the committee invited Stephen Anderson to appear before it. During his appearance on Wednesday, July 17, 2024, Stephen Anderson repeatedly said that the “Randy” referred to in many text messages was an auto-correct, and that it was not Minister Randy Boissonnault. Mr. Anderson repeatedly refused to answer members asking for the name of the individual referred to in the text messages. Mr. Anderson said that he would consider providing the information in camera or in a confidential manner.

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.]”.

The committee also notes that at page 1081, the following is noted in relation to witnesses:

“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. Anderson’s refusal to provide the name of the individual referred to during the meeting and other documentation requested, the committee adopted the following motion:

“That, the committee order Stephen Anderson to produce all of the previously requested documents, in addition to the name referenced in today's testimony, and if those documents are not received by Friday, July 19 at 12:00 p.m., the Chair prepare a report to the House outlining the questions that Stephen Anderson refused to answer in writing and during testimony.”.

Mr. Anderson provided documentation to the committee; however, much of the information requested by the motion was not included. More specifically, the name of the individual he was referring to during his testimony was also not provided to the committee.

Pursuant to the Order adopted by the committee, the committee having not received the documents requested from the witness, and, most significantly, the name referenced during the committee meeting of Wednesday, July 17, 2024, continuing to be withheld, your committee feels it is their duty to place these matters before the House at this time so that the House may take such measures as it deems appropriate.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 123 and 125) is tabled.