:
I call this meeting to order.
Good morning, everyone. Welcome to meeting number 101 of the House of Commons Standing Committee on Government Operations and Estimates, also known as the mighty OGGO, the only committee that matters.
Pursuant to Standing Order 108(2) and the motion adopted by the committee on Monday, October 17, 2022, the committee is meeting on the study of the ArriveCAN application.
Please do not put your headsets anywhere near the microphones, as that could cause potential ear damage to our very valued translators.
Before I turn the floor over to Mr. Lafleur for his opening statement, I will let you know that in the last 20 minutes we will do committee business. We just need to approve a couple of budgets quickly. I'll go to Mr. Bachrach first for his Canada Post motion, as he kindly pushed that back from last time so that we could have our full time with Mr. Jeglic.
Mr. Lafleur, we'll start with you, please, for your opening statement. Go ahead, sir.
Mr. Chair, I first want to acknowledge that this meeting is taking place on the traditional, unceded territory of the Algonquin Anishinabe people.
[Translation]
As executive director of the professional integrity division at the Canada Border Services Agency, my responsibilities include providing an independent investigation function for the agency. My team conducts investigations into allegations of employee misconduct and provides management with reports of our findings to allow them to address instances of misconduct in the workplace.
The process of investigating allegations takes time and requires a systematic approach to ensure that all evidence is properly gathered and considered prior to final conclusions being made.
[English]
Policies and procedures relating to internal investigations are issued under the authority of the chief security officer of the CBSA and are aligned with the policy on government security, which requires that we ensure that any significant issues regarding policy compliance, suspected criminal activity, national security concerns or other security issues are assessed, investigated, documented, acted on and reported to the deputy head and other investigative bodies, as appropriate.
I have been a security practitioner in the federal public service for 15 years, working in the fields of intelligence, security screening, misconduct investigations and security operations. During this time, I have conducted, directed and overseen hundreds of administrative investigations, both relating to employee misconduct and as part of reviews for cause of employee security screening.
Key to my current role is ensuring the integrity of investigations, procedural fairness and due process for those under investigation. It is for these reasons that it would be inappropriate for me to speak to you about certain details or matters that remain under investigation.
[Translation]
As the committee is aware, the current CBSA investigation into allegations first brought forward by Botler AI is still ongoing. I am therefore limited in what I will be able to share about that process.
What I can speak about is our investigation process and investigations in general terms.
I will answer your questions to the best of my ability.
[English]
Thank you.
:
Thank you for appearing here today.
It's infuriating. We have an ongoing investigation. You make clear that you're taking the steps necessary to provide for that investigation so you can have a proper outcome. Some are arguing that you may be withholding information during this process, but in fact you are taking the necessary steps. What's appropriate to disclose now versus what you're going to come forward with at the end needs to be understood, and I presume the line of questioning is to that effect.
However, I also recognize some of the prosecution efforts this committee seems to be playing at throughout this process. Now they're defending the very individuals they prosecuted in the past and made assertions about that they have been dealing inappropriately and in a way that is misconduct. They've made those assertions. They've actually claimed that others—and those individuals themselves—had been lying to this committee. Now they're putting you under the gun for the same issue, yet you're the one doing the investigation.
I'm just trying to comprehend, notwithstanding the antics here, so that we get to the truth. That's what they seem to want, but they're making allegations themselves. Now they're prosecuting those very individuals.... Now they're coming back trying to protect those individuals whom they themselves have accused of lying.
We're not accusing you of anything. Let's be clear. We want to make certain that the investigation takes its proper course and that the results and the outcome are best understood. I'm having some difficulty trying to understand how....
First I have to ask, is it common to use general contractors and then they subcontract? Is that normal?
:
It was still after their testimony on November 7. Even what you just said doesn't make any sense from a timeline perspective. The Globe story you referenced was at the beginning of October, yet it was only after their testimony before this committee that they subsequently heard from you that they were under investigation.
This whole thing is just bizarre in terms of the investigation, because you said the investigation started a year ago, but somehow, it was only within a couple of weeks of their coming before this committee to give damning negative testimony about the government in response to the questions they were asked that they were told they were under investigation and were subsequently suspended without pay.
Meanwhile, we had these very serious allegations against Minh Doan, which involve hiding information and deleting emails, and as far as I know there has been no action taken against him. The clearest difference to me between Mr. Doan and Mr. MacDonald and Mr. Utano is that Mr. MacDonald and Mr. Utano gave very blunt, critical testimony, whereas Mr. Doan obfuscated, prevaricated, didn't answer questions and gave every indication of trying to defend the party line.
I get the same impression here: That you, who are subject to the leadership of CBSA, are looking at one set of allegations against one set of individuals and not against others.
Maybe the best way to go from that is to ask you, sir, about your own reporting chain of command. You have characterized your investigation as independent, but you're not independent. Are you? You're part of the department. You're subject to the authority of the department and you're movable—reassignable—at any time. Is that correct?
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It seems to me that some members of the committee have it because they were reading from it and they said they had it, so we're in this strange position where Mr. Lafleur can't give it to us, the chair has it and we're going to discuss, apparently, whether we can see it. It seems to me that it would have been helpful for this line of questioning today for all members of the committee to have it so that together—because we're all seeking accountability here—we could ask questions of Mr. Lafleur, who's the author of the preliminary statement of fact. It also seems that, having that out in the open, in some ways puts additional pressure on the investigation, but we're already down that path now.
One of the interesting things here is that we have these two civil servants, and I wasn't here for their original testimony but I understand that they were subjected to some fairly strong lines of questioning and allegations from my Conservative colleagues at previous meetings. Now the Conservatives seem to be running interference for these same civil servants, who appear to be giving them confidential information so that they can ask certain questions at a committee where not all members are privy to that information. It creates a very odd dynamic
It seems to me that the best way to clear the air is to simply have the preliminary statement of fact on the table and to invite Mr. Lafleur back so we can ask him additional questions about the content of that document. Frankly, a bunch of us are playing with one hand behind our backs because, for whatever reason, certain witnesses felt that giving those documents to some members of the committee and not to others was going to be to their advantage.
We're in a situation where, obviously, these allegations are extremely serious. If the allegations that have been made in the Botler report turn out to indeed be true, this indicates that there is serious wrongdoing amongst civil servants working on the ArriveCAN procurement, and that's something all Canadians should be concerned about.
Mr. Chair, if you grant it, I will make a motion that the committee be provided with the preliminary statement of fact immediately.
:
Chair, respectfully, we have Mr. Lafleur before us. I have more questions that I'm willing to ask him, and we have this silly process point from the government, which on the one hand seems surprised that somebody might know something they don't know because of something they might have been sent directly.
Also, they don't seem to appreciate at all the legitimate exercise of the chair's discretion. I've been on many committees. It seems that the issue the chair has articulated is that he sought to get access to the information for the committee, and initially CBSA was trying to not send it or to not have it distributed or to require that people be in a locked room. The chair has undertaken a negotiation process back and forth in order to get the committee access to this document.
Let's remember that it was my motion to get us access to this document in the first place. When I initially put that motion forward, Liberal members said, “Oh, we don't know; we have to wait to receive it in both official languages.” Then I put it on notice and had to bring it back, I think a week later, and that's when we got it approved.
If the members of the government were so eager to get access to these documents, then they should have just approved my motion to request it. We have people proposing that we request documents that we've already requested.
Look, the chair has put forward a proposal to say he'd like to distribute this document to members. I think we should approve the sending of this document to members and I'd be happy to have Mr. Lafleur back. I have more questions to ask him and I don't know if I'll get to ask those questions today.
I do suspect that this may be the government just wanting to eat up the time that would otherwise be spent asking questions of Mr. Lafleur. I'm ready to get back to work. Let's agree to allow the chair to distribute the documents and let's get back to work.
With regard to this line of conversation around when the chair knew what he knew, how it was communicated to the committee and how we ended up here without the statement of fact with Mr. Lafleur here, I don't think we're going to get anywhere in that conversation. There are things going on. There are strategies being employed. I'm reminded of that famous quote from Casablanca, “I'm shocked to find that gambling is going on in here.”
Some hon. members: Oh, oh!
Mr. Taylor Bachrach: It is what it is. We're not going to change what's already happened. We have to move forward.
I think, given that some members of the committee are talking about the statement of fact and reading from it, it would be beneficial to have the whole thing in front of everybody. I have no way of knowing whether it compromises the investigation, because I haven't seen it, but it would seem that putting out portions of it and not the statement in its entirety is not to the benefit of transparency and accountability.
I'll leave it at that. It sounds like we're going to have that conversation. Potentially, we'll have Mr. Lafleur back at a future date once we have the statement in front of us.
We are running out of time in this meeting, and I had hoped to bring forward my motion, so if I may, Mr. Chair, I'll take this moment to thank Mr. Lafleur for his time with us today and to move my motion, which has been put on notice, that the committee undertake a study on the loss of postal service in Canada's rural and remote—
:
Colleagues, I call this meeting back to order.
Welcome back to meeting number 101—it's déjà vu—of the House of Commons Standing Committee on Government Operations and Estimates, which we're resuming today following a suspension on Monday.
If you recall, on Monday we were deliberating on a motion by Mr. Bachrach, which we're going to resume shortly. Following this, we'll move back to the ArriveCAN study.
I want to extend my personal thanks to Mr. Lafleur for coming back, especially on such short notice. I sincerely appreciate it. Thank you very much.
After that, we're going to move in camera to discuss the issue I texted a couple of you about, and then we also have a shipbuilding study and some budgets.
I'll remind you not to put earpieces next to the microphone, please, as this causes feedback and potential injury to our very valued interpreters.
We're now resuming debate on Mr. Bachrach's motion. I'll read it out:
That the committee undertake a study on the sustainability of postal service in Canada's rural and remote communities; that a minimum of 12 hours of witness testimony be dedicated to the topic; that the Committee invite the CEO of Canada Post, President of CPAA, and Minister of public services and procurement; and that the committee produce a report and table it in the House.
I'll start a speaking list on it. There's Mrs. Block, then Mr. Sousa, and then Mr. Bachrach.
The original amendment to it was defeated, so we're back to square one.
Go ahead, Mrs. Block.
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I've gone back and forth on this. I think it's important to have the appear, because ultimately, the accountability sits at his desk and on his shoulders.
However, there's a new minister responsible for Canada Post. Based on my meetings with the responsible for Canada Post, I'm not convinced that Canada Post is the top priority. I know; it's surprising.
Therefore, my preference would be to hear from witnesses throughout the course of the study, and then decide near the end whether the should be invited separately to address the topics that have been raised. I think that allows us to survey the issue and decide which aspects of the issue are really the responsibility of the minister and which questions we want to ask.
I've been part of other studies for which we had the minister appear at the first meeting, when the committee hadn't really dug into the material and heard from the witnesses who were the most affected.
That would be my preference. I think the deputy minister will have been with the department longer and is going to have more familiarity with the issues at hand. If we hear from the deputy near the beginning and then, when we get near the end of the study, decide whether it warrants having the appear, that would be my preference.
Speaking to the other parts of the amendment, I like the other parts, because they allow us to get through this in a fairly timely way.
Thank you.
I'm rather surprised at Mr. Sousa's suggestion that we relieve the witness. Without explanation from him, it may be because of the hour. It's 5:40 now, and this meeting was supposed to start at 3:30. I would have thought, though, that there would have been some communication to the witness that our votes, in fact, seven votes, delayed the start of this meeting.
I would have hoped as well that there would have been some communication to the witness in advance of today's date that he was not expected to provide any testimony and answer any questions right at the start of the meeting, because of committee business. There was no indication as to how long that committee business would take, but I believe the witness had committed himself to one further hour of Q and A.
These are relevant issues with this particular witness. We did not finish the full two-hour allotment that we had because of numerous points of order and discussions with respect to material that was not in the possession of regular members of this committee. That has since been rectified, as I understand it. They've had well over 24 hours to receive the material.
We are ready to proceed. Unless Mr. Sousa provides some justifiable reason as to why this witness ought to be excused, I would suggest that we have the witness here and that, if he's able to stay for the one full hour, we use that time accordingly.
Thank you.
First of all, let me thank Mr. Lafleur for choosing to come back.
I had an opportunity to read the preliminary statement of fact for both Mr. Cameron MacDonald and Mr. Antonio Utano. I am flabbergasted by what's in here and the fact that the RCMP investigation is still going on, the internal investigation is still going on and the AG hasn't finalized her report. We somehow—I am trying to find the right word—thought it would be a good idea—and I was part of the group that voted for it—to have Mr. Lafleur here and to have these documents made available to us. However, that was before I read this document.
That's where I'm going to stop. If I start getting into the level of detail of the content available here.... The investigation is not completed. Even if we limit our questions to the process in general, we could lead the conversation in such a way that might force Mr. Lafleur to make statements that could lead one to deduce...or make certain conclusions that are very risky.
An hour after our last meeting, we received communication from certain legal bodies on how we should be very careful about what information we share about this report, what this report is all about and the role each of the witnesses is playing. This came almost before we even got an email that gave us the link to these documents.
These documents, by the way, were made available in hard copy to the office of the clerk on January 29 in both official languages. For some reason....
It's sad. Had I had the opportunity to read these documents, I would have moved a motion to dismiss the witness. I would not have supported any other activities on ArriveCAN and the Botler AI investigation, or supported our committee calling any witnesses whatsoever going forward, until all those processes are complete. What we are doing is a disservice to justice. I am being very serious about this. I am not a lawyer, but what I read is scary.
I'd love to see the report from the AG. More than that, I'd love to receive the report from the RCMP, because I think there is a big difference between the work the RCMP is doing and the work Mr. Lafleur is doing from an administrative versus legal and corruption...and all of those things. Getting more witnesses here and asking questions in the middle of an investigation, with just a preliminary statement of fact, is concerning. Even the media picked it up in The Globe and Mail, which is basically.... I'll stop there. They are now looking at it and saying—at least the way I read it—“Should we go down this path? Why are we really doing this?”
Just put yourself in the position of the people these reports were prepared for. This investigation is going around.
I don't want to be in any court until all those processes have gone through.
We're turning this committee into a quasi-judicial process. I'm not a lawyer. I'm here to ask certain questions. This is just a sample, and I'll read it again. It's a “preliminary statement of fact”, and this is not from a lawyer; this is from an internal investigation. I'd really like to read the preliminary statement of facts from the RCMP.
The reason we are asking for the witness to be dismissed is that I don't think it's unfair to the process, but I don't think it's fair for Mr. Lafleur to be put in this position while this investigation is still going on. As soon as all the investigations are completed, I'll be the first one to vote that Mr. Lafleur come back.
I want to go back on the record again, saying that the CBSA, Mr. Lafleur, offered to come to this committee in camera, with MPs only, and walk us through this report. I wish I had had the wisdom to accept that at that time.
We chose not to, and I thought, “Oh my God, there's some sort of conspiracy going on.” We were given that opportunity. Now, having the opportunity to just read this, I don't even want to ask a question when I had that opportunity before to have Mr. Lafleur come to this committee in camera and allow us to ask questions. That's why I am strongly opposing any other committee meetings as they relate to ArriveCAN until all those milestones are completed, until we have a report and until we've had the opportunity to look at the report. Then call all of the witnesses back. I want everybody back.
Thank you.
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We hadn't stated the date as to when he was supposed to appear.
The Chair: No.
Mr. Charles Sousa: That's my point. We hadn't stated the date as to when he was supposed to appear. He was one of the witnesses we wanted to see.
Now we have the statement of fact before us—not before us but before the clerk in both languages prior. If that had become known and then the witness had been called, knowing that the statement of fact was in hand would have been advantageous to the committee members. It would have given us an opportunity to review and to then put forward appropriate questions and understanding.
Furthermore, there were many occasions when those who are presiding over the investigation called for an in camera meeting because of the confidentiality measures, not to make this a public kangaroo court. There are a lot of people here trying to play Perry Mason or maybe Tom Cruise. Regardless, what we have here are witnesses who are being accused of wrongdoing. Those very witnesses are now going through an investigation, which appears to be contrary to what was initially put forward by the opposition.
My worry is that here's a statement of fact that was provided to the clerk. Somehow, another member of the committee has taken it upon himself to approach the witnesses, approach the very individuals we are deliberating over, and the concern many are facing is the obstruction that is being put forward, the confidentiality matters that pertain and which even the chair has explained are highly confidential.
Yet, it's being made public, and questions are being put to you, as the witness. That ensures that we deliberate over the very issue that is meant to be confidential to protect the witnesses and the integrity of the investigation.
There are a couple of main concerns.
One, there seems to be an obstruction that's being taken on the investigation. There seems to be an interference with the witnesses in terms of its transparency. I'm no lawyer, but for those who are, it would seem to me that it's inappropriate for this committee to go on its own to start to talk to witnesses and go after individuals when they're being investigated. Then we have legal responses by those witnesses coming to us, partly because they're being approached by other members, who, by their own admission, have gone over to these two witnesses. That seems completely inappropriate.
Then there are individuals who have access to this confidential information.
Now, they apparently didn't share it with the chair. They didn't share it with their own colleagues. They just decided on their own that they were going to do this in secret. Only at the time of this committee hearing, where you appear before us, having already had a statement of claim in hand by the clerk, not having it shared with the committee members, which would have made it appropriate for us to ask questions of you.... That unilateral decision to call upon you to become a witness, knowing that you have a statement of fact and relevant information that would be appropriate and important for us to know.... Maybe you wouldn't have been called. Maybe you would not have been called to this committee, because we would have seen in that reflection how confidential the matter was and how inappropriate it would be to have a public discussion on this with you. It should have been in camera, as was already suggested many times, by many others, to protect the substance and the integrity of the investigation.
Now you're called back. Now we're being asked to continue the deliberations over these confidential matters, on which lawyers for the witnesses are saying, “Don't do it,” and on which folks from the CBSA and those who are overseeing the investigation are saying, “Be cautious. You're going to compromise the report.” We have the Auditor General doing a review. You've shared information with the RCMP, who are acting on their own. They're not advising you.
They're not coming forward with this issue, and we don't know what deliberations are being had with the witnesses. We do know from reading the statement of fact.... I went through it very thoroughly, and I do see that there was a reaching out to the witnesses. Notwithstanding what was said, the report makes reference to the fact that the witnesses were both sought after to respond, to enable the witness to make affirmations or refute some items, but then they gave a legal response, and rightly so. They got legal representation, as is appropriate. What's not appropriate is for us around this room to play lawyers, to be doing this as a prosecution ring, to be the means by which to put you and others at risk and then compromise the very investigation that's being put forward. Let the people do their job, and then, if we do have an opportunity to have you back, it's appropriate that those other members....
I know, having spoken to them, that not everyone has had an opportunity to review the statement of fact. Not everyone has had an opportunity to see exactly what is in this report.
The fact is that too few members on this committee have had an opportunity to see it, and it has not been shared with staff, as was decided. We need time to come up to speed on what's been said to then ask you the appropriate questions, and to do so not in public, in order to protect the interests of the witnesses and the integrity of the investigation.
That's it, Mr. Chair.
:
We must never forget that we are neither investigators nor a court of law. We cannot and must not take the place of an investigator or a court of law. The only thing Mr. Lafleur can tell us about is the process. However, based on what I've read and the discussion following Mr. Lafleur's appearance on Monday, I realize that the questions we're asking might interfere with the investigation process not only within CBSA, but also within RCMP.
Everyone knows how important it is to me to know the truth, do the research and understand things, so that I can contribute perspectives and solutions that are based on—at the risk of trotting out what has become a well-worn expression these days—common sense.
I do agree that we should invite Mr. Lafleur back. That said, we should do so once the internal and RCMP investigations are done, so as not to interfere, even indirectly, with what's happening now. The investigations must be as impartial as possible. The investigators need to be able to get to the bottom of things, and everyone involved in the situation we are currently studying must be targeted and bear the consequences of their actions.
I may have my opinion, but my opinion shouldn't interfere with the current investigations. This isn't a black-and-white thing; it's all shades of grey. I'm certain there's more than one, two or three people involved in this matter, but the investigations must be carried out properly.
What I just said shouldn't even interfere with the investigation, because I'm not an investigator. We're not investigators or a court of law; we're here to find out what went wrong with a process so we can come up with solutions to improve the process and ensure that taxes paid by Quebec and Canadian taxpayers are used in a rational and intelligent manner.
That's why I agree with letting Mr. Lafleur go and inviting him back to testify once all the investigations are done. That way, we can get the whole story. At that point, we can make sure that the process is duly amended and improved and that our fellow citizens' tax dollars won't be wasted. That's our job.
The motion asks that Mr. Lafleur be allowed to leave and come back later, once the investigations are done. That's the approach that makes sense today. It's the right thing to do, even if we don't like it, even if we have 15,000 questions to ask him and even if we want to get to the bottom of things and get every possible answer. All in good time.
Patience is a virtue. We don't all have it, not all the time. We need it now. We also have to take the time. It's not like we only have 10 pages of ArriveCAN documents to read; it's a few thousand pages. I've read 2,000 so far, but I think that's just the tip of the iceberg.
That's my opinion. I agree that we should let Mr. Lafleur leave for now and come back to the committee once the investigations are done.
I've listened very carefully to my colleagues. I have a lengthy response that I could provide based on the comments I heard from Mr. Jowhari and Mr. Sousa—particularly those from Mr. Sousa. He didn't identify me, but he certainly made specific reference to the strategy I adopted and the evidence I relied upon. He certainly impugned my integrity and character. Although he has parliamentary privilege within this committee, he certainly does not have it outside of this committee and the House. These are serious allegations he's levelled against me. He used the phrase “obstruction” and “interference” with witnesses. I don't believe Mr. Sousa has a law degree. I do, as my colleague Mr. Lawrence does. He certainly does not appreciate the rules of evidence.
He certainly does not appreciate the rules with respect to talking to witnesses. As I shared with the committee on our last occasion, there is absolutely no proprietary interest in any witnesses, whether they are called on behalf of the Conservative team, the Liberal team, the Bloc team or the NDP team. These witnesses did not have to speak with me. They chose to speak with me. They were not under duress to speak with me. They could have refused to answer any and all questions that I put to them, in much the same fashion that Mr. Lafleur cautioned this committee in his opening statement about how he was here to talk about process. Notwithstanding that opening statement, he indeed answered questions. Sometimes it took me a number of times and rephrasing the question, but I eventually got answers.
To answer Mr. Jowhari's point about why we are doing this, I think that's abundantly clear. This is about unearthing the truth behind the wasteful spending of the $54-million ArriveCAN app, of which $11 million went to a two-person firm that's currently under RCMP criminal investigation for doing absolutely nothing. It acted as the middleman between the CBSA and the real IT professionals, some of whom legitimately did work and some of whom did nothing and were still paid. The procurement ombudsman called that “bait and switch”.
These are horrendous allegations against the Government of Canada. I can see, Mr. Chair, why the Liberals will do everything in their power to shut this down. I have chased this particular scandal over the last several months in a number of committees, and I've been faced with tactics similar to what we heard today: motions to adjourn in order to silence me.
I won't be silenced. Mr. Bains can laugh all he wants, but that's the truth. That's my job as a parliamentarian. With my criminal law and prosecutorial background, that's how I frame my questions. I'm not Perry Mason. I wish I looked like Tom Cruise, but I don't. I thank Mr. Sousa for making that suggestion. My wife might appreciate that, in hindsight.
That's why we're here, Mr. Chair. It's to get to the bottom of this scam—in particular, GC Strategies, which seems to be kryptonite in the hands of the government. , our Prime Minister, even said in the House that it was completely illogical, in the procurement activities surrounding the awarding of this contract to GC Strategies, to funnel out $54 million. If the has concerns, why do not all parliamentarians have concerns?
Yes, this is not a court of law. This isn't a criminal court. It's not a civil court. However, it is certainly within Mr. Lafleur's purview to say, “Yes, Mr. Brock, it's a relevant question, but it might compromise my ability to continue the investigation by answering.” He never did that to any of the questions I put to him or to any of the questions that any member put to him on the last occasion.
With all due respect to my colleagues—and in particular to Ms. Vignola, who I greatly admire—I don't see how continuing with this particular witness in terms of getting some basic questions answered is going to compromise the ability for anyone to defend themselves.
Mr. MacDonald and Mr. Utano both have very experienced counsel working on their behalf. As I suggested to Mr. Lafleur on the last occasion, there is an application in a superior court with respect to reasserting and preserving their legal status and their privilege to make sure they are in a position to participate in Mr. Lafleur's investigation. They've never refused.
I know there has been an exchange of correspondence between Mr. Lafleur and counsel—as recently as today, as a matter of fact. I know there are certain conditions that counsel wants to see established before his clients participate.
Let's not forget something here, Mr. Chair. We both—
:
As I indicated, Mr. Chair, I believe the will of this committee is to relieve Mr. Lafleur of his responsibilities today. I take into great consideration Mrs. Vignola's suggestion. We're not saying never; we're just saying not now.
We don't know how long this investigation is going to take. We're approaching two years since the date that the CBSA received the Botler complaint. We received no update at all from the RCMP, and we don't know, ultimately, if the internal investigations by the CBSA or the RCMP are going to focus on other individuals. As I suggested to Mr. Lafleur, which he disagreed with, Mr. Minh Doan needs to be criminally investigated. There is a serious allegation of the deleting of four years of relevant emails by a person who held the title of vice-president and who is now Canada's chief information officer. If there's anyone who should know how to preserve his IT and emails, it would be Mr. Doan. Mr. Doan appears to be the only one at the CBSA who had a problem with his emails. That's suspicious.
Notwithstanding what Mr. Lafleur said, I'm really glad that we were not in camera—to Mr. Sousa's point—but rather in public because I hope the RCMP investigator, whoever that was, was following this, because there is a strong suggestion that the breadth of those involved in this scam needs to be expanded. We have serious concerns about Mr. Doan. I have serious concerns about Erin O'Gorman, the president of the CBSA, who deliberately misled this committee. Not once but on at least two occasions, she deliberately withheld information from this committee. Although witnesses are never.... Well, I shouldn't say never, but they are rarely sworn to tell the truth. However, when witnesses attend a committee, they are presumed to be telling the truth and nothing but the truth, so help them God—or however it binds their conscience.
I leave with that notion, sir, that this investigation has the potential to be expanded, that there are more individuals involved than simply Mr. MacDonald and Mr. Utano.
Bearing in mind the will of the committee, I'm moving for a vote.
That's the best pivot I've ever seen. I commend my colleague Mr. Brock for doing such a great pivot and talking about and linking it to ArriveCAN. That's the scope of this study, but it doesn't have anything to do with why we have this witness called here. Linking it somehow to the federal government and to the and all those things is a great pivot. I hope, really, that the media is watching and that Canadians are watching, because they can see what this supposed ArriveCAN study is all about.
Now, I am specifically asking, and our side is specifically supporting asking, the committee to excuse Mr. Lafleur. My belief, and the belief on our side, is that if we actually continue with this, we are justifying what happened in the last meeting and the process we went through. The approach we took was wrong. By having this meeting today, by putting Mr. Lafleur through process questions, and by continuing along the line of some of the comments we got from Mr. Brock, which are directly from this report.... I wanted to know which part. It is actually on page 5 of 71 of the report.
This is not right. Until this study is done, we cannot talk about the fact that potentially some of the witnesses have chosen not to speak or participate in an investigation.
You just revealed that, sir. You just revealed that.
Mr. Larry Brock: No, I didn't.
Mr. Majid Jowhari: Yes, you did. Go back to the Hansard and read it. That's wrong.
We should not continue with this process. I think we're getting to the vote. On our side, the reason we shouldn't do it is that doing this will help justify the wrongdoing and the approach that was taken. That's number one.
Number two, we agreed to do an ArriveCAN study and to continue to do the ArriveCAN study. We have basically paused 10 studies. I can name them. We have agreed to pause 10 studies. This committee hasn't done anything—hasn't delivered one iota of output for the last four months—because we also thought it was important for us to look at ArriveCAN. The more we dig, the more we realize that there is no ticking bomb. However, with Botler AI it's a different story. Therefore, under the umbrella of ArriveCAN...which our Conservative counterparts are trying to keep alive, because they've built a narrative around it, and they're sinking every day. They said, “Bring Botler AI”. That's fine. We brought Botler AI. Now we're seeing, “Oh, my god, based on this, this is going even deeper than we expected.”
It's not that we don't want to do the study, or we're trying to hide something, or we're trying to protect the government, or trying to protect a so-called $54-million application. I'm not going to go down that road again. We are accused of wanting to stop this study and block all those things, and it's not true. Our behaviour hasn't demonstrated that. We've been active participants on every committee. We've accepted the new curriculum and the new plan, even after the subcommittee voted on doing other stuff. We've given the chair the leverage to be able to call witnesses as it relates to ArriveCAN. We haven't come back one time and said, “Oh, we agreed on this plan and we agreed on this calendar. How come we're not doing it?” We've said, “Fair enough. There is new evidence. Let's follow it.”
The notion that the Conservative side is trying to portray, that we're trying to hide something or block evidence or push this under the rug, is absolutely false. I challenge all Canadians: If you want, call my office. I'll pull the list of the number of committee meetings we've had on ArriveCAN and the number of witnesses we've called. And what have we shown? There's nothing but a bunch of five-minute clips on social media of members, and now even the media is saying, “Oh, my God.”
I will quote what they are saying, just because everybody else quotes the media. By the way, I'm not answering any questions from the media after this, so don't bother coming and asking. What they are saying is, “On ArriveCan, Conservatives switch from prosecution to defence”.
Let's talk about that. If we don't stop this process, it could be perceived.... I'm not a lawyer, so I'm trying to be very careful about my words so that I'm not putting anybody in any position of wrongdoing. If we don't stop this, what could be perceived is that we had access to information. This information didn't line up with perceived strategy. Then we asked who was providing this, and it was CBSA through Mr. Lafleur, so we said, let's call the witness. I'm saying it could be perceived as such: Let's call Mr. Lafleur, and let's challenge him and the credibility of the investigation before it gets out.
That's the wrong perception, because that's not the job of this committee. I don't think any member on this committee would ever do something like that, but that's the perception that could be derived by those who are watching and potentially by media. If they are coming back and they are saying you're switching from prosecutor to defence, could they come tomorrow and say that's the perception? I don't want the media to have that perception.
We are talking as if we are going to shut down this ArriveCAN study. No, I don't want to shut down the ArriveCAN study or the Botler AI investigation because, if after five months of doing our so-called investigation we have not been able to come up with one iota, aside from a couple of wrongdoings.... These are of a serious nature, I agree, and hopefully would lead to process changes and new regulations around multi-levels of contracting, around using standards for résumés and all of that.
There is no bombshell here. There's a lot of wrongdoing, but this wrongdoing seems to be in certain cases. It has been there for a long time, and it's time for it to be highlighted.
By no means is our side saying to stop ArriveCAN. What we are suggesting is a pause. Let's pick one of the other 10 studies now—potentially 11 or 12 studies, as we have a couple of motions—to be able to talk about something so that we could at least have one output before the end of June, after about a year and a half: shipbuilding strategy, air defence strategy, ArriveCAN, outsourcing, Canada Post, you name it. We haven't done anything but ArriveCAN, and we have been supportive. We have been a willing partner, so it's not fair to say that we are trying to push things under the rug.
We will go back to ArriveCAN. We will call witnesses, but I am adamant about the fact that, until the studies have been completed, the AG report is out and RCMP report is completely out, and we have had ample time to read them, every time there's a motion to bring a witness with regard ArriveCAN, I am going to move a motion to dismiss that witness until they are all done, because we are interfering in the wrong way in this investigation that's being done, whether it's administrative....
If I want to debunk some of the comments that my colleague Mr. Brock made, I'll have to refer to some of the contents of this at least 71-page document, which I hope you guys read. If I have to use words in here to debunk those comments, I'm going to run the risk of opening up the line of questioning in such a way that it will reveal the contents of this report. That's wrong. That is absolutely wrong.
Continuing with this is justification of a wrongdoing in our approach. We've agreed on a plan for ArriveCAN. We've been supportive all along. We've pushed everything else out. We will continue with this report when everything is out, and all the witnesses will be called.
I don't know what their strategy is. Why have the Conservatives changed their position? Why are they trying to go down the path of a potentially perceived concept of discrediting a witness who is leading an internal investigation?
If we want to continue answering some of the questions and some of the comments our colleagues on the other side are raising, we will go and open this up. This is not the right time to do that.
Thank you.
I've been on this committee for only three meetings now, but I must say, it's been a somewhat bizarre experience. I hope it's not me. I hope things weren't going along perfectly smoothly until I showed up.
I was listening to Mr. Brock's vociferous objection to the motion we have in front of us. I listened for the first few minutes. I think I got the gist of where he was going with it, and then I admit I lost focus and started doing something else on my phone for a brief moment and I missed the “road to Damascus” moment, this turning point, when all of a sudden the play shifted from one end of the ice to the other.
Anyway, this seems to be one of the themes, something I've picked up in this study, that things change very quickly in terms of where people are coming from.
I agree with the spirit of this motion. I think everyone wants to get to the bottom of what happened. I've read through the preliminary statement of fact and I don't think that it would be compromising the investigation to say that what I read I found deeply troubling. I think most Canadians, if they read the statement of fact, would be deeply troubled by what, it seems, has gone on.
I am concerned, however, that if we continued down this line of questioning of Mr. Lafleur, as was occurring at the last meeting when some of the contents of the preliminary statement of fact were disclosed, we would compromise the investigation. I think what most Canadians want is a full, impartial, objective investigation by the proper authorities who have access to all the information, to get to the bottom of what went on—and whether there was misconduct, wrongdoing or criminality—so that the people responsible for that will be held to account for their actions.
The best way we can do that is by letting those authorities continue with their investigation. No one is questioning whether this committee has the right to continue down this path. Obviously we do. Committees have tremendous latitude to investigate what they see fit to and to compel evidence and to produce documents and that sort of thing. However, all of a sudden I find myself in violent agreement with everyone around the table that we should dismiss the witness.
I thank Mr. Lafleur for returning to committee and spending the last hour or so with us.
I hope the investigation takes place in a timely way and we're able to get the answers to the questions that Canadians have about what has taken place.
I do believe that after those investigations have concluded—both the internal investigation by CBSA and the RCMP's investigation—that would perhaps be a more appropriate time for this committee to bring witnesses back, when we have documentation and we have reports in front of us, to ask further questions about where we go from there.
I'll leave it at that, Mr. Chair. I'll be voting in support of the motion.
Again, I thank you for your forbearance.
:
Thank you very much, Mr. Chair. I appreciate that. I know on the Liberal benches they are used to their leader shutting women down and so they do what they see there, and they're attempting to do that here as well.
As I said, we've seen the precedent within this committee of witnesses cancelling or not being able to show up as a result of medical notes. We on this side of the committee bench have come to term it as the ArriveCAN flu, very unfortunately. Now we have another negative precedent being set here today: the dismissal of witnesses who have been called to this committee.
In fact, one member of this committee has said that from now on, they will move to dismiss every single witness brought to this committee on ArriveCAN. Well, they are going to be wasting a lot of time dismissing witnesses, and we're going to spend a lot of time going through this process again and again, which will only lead further to the frustration of Canadians and to evidence of the cover-up that is going on here. It's very clear.
I would also like to say that we on this side follow the evidence where it leads us. Where it has led us here today is to an issue that was brought to light on Monday, which I and my Conservative colleagues have been mentioning all week in the House, that this government is investigating itself. In fact, Mr. Lafleur reports to Ms. O'Gorman, who, as my colleague Mr. Brock pointed out, has been untruthful to this committee more than once.
However, I have bad news for the government. On Monday, the Auditor General will release her report, and guess what? The Auditor General doesn't report to the CBSA or to Ms. O'Gorman, so even if the government wants this to go away, it's not going to go away, because Ms. O'Gorman didn't even have the decency to inform the Auditor General of the RCMP investigation. That's an important piece of information here.
It is of no surprise to me that this government, along with their coalition partner, is attempting to dismiss this witness. I am very concerned about the precedents that we have set within this committee. Again, we follow the evidence where it leads us, and it leads us to a government investigating itself.
It's not going to get any better on Monday when the Auditor General releases her report. There will be even more questions. Canadians will demand that we get answers. This might not be a courtroom, but it is a place where we are accountable to Canadians and finding out the truth for Canadians.
As I said, you might want this to go away, but this isn't going away, because after all this time, we have hardly any answers. Your government created such a mess with procurement. Your government created such a mess with ethical issues, again, starting from the top. You on the other side of the table might want this to go away, but it is not going away. It will continue.
Thank you very much, Mr. Chair.
I think Mr. Brock and Mrs. Kusie have just reaffirmed why it's inappropriate to have this witness at this point. There are a number of allegations that have been made, a number of attempts to discredit various individuals consistently and a number of efforts taken to sound as if we're.... It's a lynching that seems to be happening in this room. That is inappropriate, given the investigation under way.
The RCMP have been provided with the information needed to do their own investigation as they see fit. To the point made, the Auditor General will come out on Monday with her report as well. When it comes to the truth, or the myth of truth.... This seems to have been rampant around this room over the last five or six months as we've talked about ArriveCAN. It doesn't sound like we're trying to cover anything up. We're actually having open discussions about it and encouraging those discussions because we, too, want to ensure that the activities of government are done appropriately.
To that end, Mr. Brock referenced the fact that people were getting paid for work they did not do. Well, that's not what the ombudsman said. The ombudsman said that no one was paid for work that was not done, regardless of baiting and switching. There were a number of references made to that. By the way, this is a practice that was also evident throughout the Conservatives' time in government and throughout industry and other sectors of the economy and the world. They take on contracts and move those contracts to do other work as they deem relevant. No one got paid for work they did not do. We'll make that very clear. The ombudsman made that clear, as well.
Then there's Kristian Firth. The member opposite talked about this terrible engagement that's been happening recently. Well, that, too, is not true. The fact of the matter is that Kristian Firth is someone who dealt in procurement under the Conservative regime as well, under a different name. That's been ongoing for some time.
As I said, the deliberations and release of confidentiality that Mr. Brock admitted to in his speaking engagement bring light to the fact that we have to take a pause and protect the interests. It seems as if people are tampering because they have some kind of authority or knowledge, or they have decided they want to do something beyond what they're doing in the House. They want to go further. That's certainly your prerogative. However, when you put at risk the deliberations and the investigation.... Now you're trying to discredit the investigator and witnesses. If you discredit the investigator, we're never going to get to the conclusion.
Thankfully, we are going to have a conclusion. Thankfully, there are a number of people who have all the facts. There are individuals who are reviewing this thing in its entirety. They're not looking at one point in time. They're sure not taking a political lens to it, being partisan about the issue or trying to get political points, video points, clicks on their Facebook or whatever it is they're doing. We need to take action to protect the integrity of the investigation and the results that come from it.
This is why we need to ensure there's some neutrality in the approach taken. This committee is not being at all neutral. They're predetermining and presupposing the issue. That is, in my opinion, wrong. To the point made, I'm no lawyer, but, man, I think I understand that, when you're trying to deal with a situation, protect people's rights and represent all Canadians in the House, you have to take some appropriate measures to ensure no one is prejudiced by some of the actions being taken.
When you look at some of the issues in regard to other governments and other levels.... Oh my gosh, there is a long list of allegations and misguided measures taken by all governments. I'm not going to go into the greenbelt issues, the licence plates or matters relating to other issues. What we need to do is ensure we uncover any wrongdoing, protect those who are engaged and make certain that those who have done wrong are held accountable and exposed. That is important.
The precedent we worry about here, which Mrs. Kusie is talking about, is a precedent of actually dissuading witnesses from appearing, acting as though we're lynching everybody who comes into this place and putting people at risk.
The matter is that we've been doing this for five to six months; we have a number of witnesses who have appeared before us, and we've taken countless amounts of information. The investigators and those who are taking the precautions, including the RCMP and others, are, from what I understand, very concerned with the confidentiality measures, the obstruction that has taken place and the integrity of the investigation, which is put at risk.
I think we wait now until we have the results of those investigations. It doesn't seem effective, what we are doing here, so let's move on to other matters of consequence, like the Canada Post motion, like other things that I know are relevant and that people want to see. We want to see results.
We want to see a resolution to this issue, and that's not obstructing you: You're obstructing. I think the members opposite are actually making it worse.
Let these investigators do their job effectively.
I will support the move to release Mr. Lafleur from this kangaroo court for today and ensure that we not proceed until we get proper results.
That's it, Mr. Chair.
:
This is a narrow breadth. You proposed a motion about the committee's agenda, and I'm discussing the committee's agenda, Mr. Sousa.
The committee has, for the last four months, heard absolutely breathtaking testimony of various senior public servants and whistle-blowers accusing each other of lying and presenting devastating testimony about a $54-million contract for the development of an app that went to a company that had no internal capacity whatsoever to develop apps or do IT work. We gave $54 million to a company that subcontracted all the work, and we've already seen a devastating report from the procurement ombudsman.
We have an Auditor General's report coming out. The RCMP are investigating. The procurement ombudsman released her report. The Auditor General is investigating. This committee has been investigating, and the Liberal members say, “Nothing is going on here. Nothing's going on; what's there to study, guys?” Come on. When the Liberals think nothing is going on, when they say there's nothing to see here, Mr. Chair, that tells Conservatives that we need to dig even deeper.
There is important business that this committee had to deal with in the context of the ArriveScam scandal, and I believe that was the intention of the committee business. Nonetheless, the Liberals have made clear that they want to hide the information, that they don't want to have this discussion. They moved a motion on another subject that the committee has not even seen yet.
I'm sorry; when you table drop a motion that has not been distributed to members and there are 12 minutes left in the committee, that is not a serious attempt to adjudicate the issue. We will review the motion that Mr. Sousa has moved in good time. We will consider it; we will evaluate it, but this is obviously fundamentally not what this is about. This is about Mr. Sousa's building on his scandalous record with the Wynne government, trying to divert and bury the ArriveScam scandal investigation.
Since the Liberals are clearly opposed to doing that work, and since they have sought to dismiss the witness we had important questions for today, I think there's just nothing left to be done.
On that note, Mr. Chair, I move that we adjourn.