:
Colleagues, I call this meeting to order.
Welcome to meeting number 59 of the House of Commons Standing Committee on Government Operations and Estimates, also known as “the mighty OGGO”, for anyone new to this committee.
Pursuant to the motion adopted by the committee on Wednesday, January 18, 2023, the committee is meeting on the study of the federal government consulting contracts awarded to McKinsey & Company.
We're going to start.
We have Mr. Palter.
I understand you have a five-minute opening statement for us, sir. Thank you very much.
:
Mr. Chair and members of the committee, thank you for the opportunity to be here today. I'm pleased to offer some factual context and McKinsey's perspective on its work for the Government of Canada.
I've been the managing partner of McKinsey Canada since September 2022. I have been with McKinsey for 28 years, working with Canada's business and civic leaders across a wide range of sectors. We've been active in Canada for over 50 years and have deep roots in this country. We serve two-thirds of Canada's leading companies across all sectors, work closely with leading civic and not-for-profit organizations, and employ 1,000 talented individuals, 90% of whom are proud Canadian citizens. They take the responsibility of serving our country and communities seriously and with immense care.
Our public sector engagements since 2011 are the primary focus of this committee. It is, therefore, critical to point out that the vast majority of those engagements were the result of publicly tendered, competitive requests for proposals. The proposals we made in response to these requests were independently evaluated and ultimately awarded by public servants based on objective, point-rated technical and pricing criteria. Most of the remaining contracts were awarded through a national master standing offer, with a small number of sole-sourced agreements by the public service. In all cases, it was open to the public service to procure services in these ways, pursuant to federal government requirements.
McKinsey contracts were awarded based on merit-based criteria used by the public service, not as a result of any relationship at any political level.
In the fiscal year ending two days from now, the Government of Canada will have spent approximately $25 billion on external consultants. McKinsey contracts represent less than 1% of the total spend. Again, McKinsey contracts represent less than 1% of the total amount spent by the government on external consultants.
The committee has rightly noted that the volume of our work, as well as the work of other consulting firms, has increased over the last number of years. As the committee heard from departmental officials, this increase is because the demands placed on the federal government have grown significantly, as has the complexity of the challenges faced by the federal government. McKinsey brings global skills and expertise that complement the public service and produce tangible results for Canadians.
As the committee heard from ministers and senior officials, our expertise is a valuable complement to the talents and efforts of the public service. For example, we brought world-class call centre and productivity improvements to Miramichi, New Brunswick, in order to support our public sector and dramatically increase their efficiency and overall productivity. This is something only a global firm can provide perspective on, and McKinsey has the expertise to do so. Our firm has tremendous regard for Canada's public servants and has always approached our work in a way that seeks to provide significant value to the government.
The committee has also focused on our firm's activities outside Canada. Like any large organization, we are not perfect. When we have made mistakes, we have learned from them and made changes. Over the last several years, our firm has made significant changes to our professional standards, client service policies and risk management. McKinsey is committed to meeting the highest ethical standards. We have been transparent about these changes. Information on these changes is available on McKinsey's global website and has been for several years.
We care deeply about the country. Importantly, we seek to do work where we know we can make a difference in the communities where we operate.
[Translation]
In closing, we obtained our contracts by responding to the needs of the public sector, we followed the rules, we did very good work and that work delivered value to Canadians.
[English]
I'm pleased to answer any questions the committee may have at this time.
[Translation]
Thank you.
Thank you, Mr. Palter, for being here today.
I'm sure you saw in the budget yesterday that the government spent $21.4 billion on outsourced consulting, so it is of significant concern, not only for the official opposition, but for Canadians.
I'm sure you saw that on Friday the government did release some audit reports on their work with McKinsey. There were, in fact, some problems with the procurement process relative to the contracts that were awarded to your company at that time.
I'm going to go back now to a previous witness we had, Mr. Dominic Barton. In documents provided to this committee, we were made aware that Mr. Barton was brought in for a working session with the Canada Infrastructure Bank in July 2020. This was after he had left McKinsey. He was Canada's ambassador to China at that time.
When Mr. Barton appeared at the committee in February, he claimed he had no involvement with any of the McKinsey contracts with the Government of Canada.
Can you tell the committee which contracts McKinsey had with the government since 2015 that Dominic Barton was involved with in any way, including as the global managing partner of McKinsey or during his employment with McKinsey? Since you've been with the company for more than two decades, as you've indicated, I'm sure you would have a record of this.
:
We've seen a huge increase in consulting. Our focus, as New Democrats, hasn't just been on McKinsey. It's been overall—on all of the large $100-million-plus club of expensive consultants, which has been growing at a rate that's four times more under this government and doubled under the Harper government. It's gone up tenfold in 10 years—just those six companies. It's a significant amount of growth.
We heard from Amanda Clarke from Carleton University. I'm sure you're familiar with Amanda. She told us the public service's loss of institutional knowledge and capacity continues to get worse and more eroded as we see consulting go up. It's a pretty vicious cycle. Apparently, the need to outsource means you don't end up developing that in-house knowledge and capability, so the next time an issue or need comes up, it's not there. The public service isn't there and doesn't have the tools or capacity to do it. Of course, it's outsourced again, and it creates that vicious cycle.
Can you speak about McKinsey and the work you do to reduce that loss, in terms of jobs in the public service? Specifically, how does McKinsey ensure that knowledge transfer is happening with public servants when government contracts are filled?
:
Thank you. This is an important question.
Outsourcing, technically, is the movement of people and processes from one organization to another organization and letting the other organization take on that work. McKinsey does not actually provide outsourcing as a service.
Our work is intended to respond to a request from the civil service when they're looking for a specific capability that needs to be filled. Again, the example I will offer is around digitizing. The way we work with the civil service is that they have a request to implement a digital transformation. We will help set out the strategy, road map, technology requirements, organizational requirements and capability requirements; help them design and start the execution; and help find the people, hire the people, put them in the jobs, train them and make them capable of standing up, so that they can take that skill and roll it to other processes that need to be digitized.
Help me, please, understand and square this up: We saw the Conservative cuts in the public service. We saw them cut at Veterans Affairs. We saw them cut staff and deliver a payroll system that turned out to be a flop—the Phoenix payroll system. We continue to see outsourcing. It skyrocketed at the time of cuts to the public service.
Can you give me some insight into where this is going? We're seeing all the outsourcing skyrocket. I imagine companies like yours are investing heavily in research and development—putting an eye on the prize to grow your relationship with the federal government, because you can't do this kind of volume of business without building infrastructure.
Where does it go? Where is the end to this, in terms of the amount going up?
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This is an important question.
Yes, McKinsey routinely declines work with clients and we will continue to decline work with clients.
As part of our compliance process, we have a five-layer screen that every potential client has to pass through. If a client doesn't pass through all five screens, we won't take on the work.
Then you might ask the question, what happens if they pass through the screen? Do they still get to work with McKinsey? The answer is no. They have to go through another screen for the actual particular type of work in question, and an independent check and balance on the team that could potentially do the work makes the decision whether that's a piece of work that McKinsey should actually take on.
Mr. Palter, respectfully, I think the company you work for is disgusting. I think your efforts to whitewash its conduct around the world aren't going to fool anybody who's familiar with McKinsey's track record.
These are issues we take very seriously as a committee.
You say McKinsey refuses work sometimes, presumably on the basis of some ethical criteria, but you are a company that literally held a corporate retreat down the road from a concentration camp in Kashgar, and then claimed unfamiliarity with the Uighur genocide, even though reports about it had been all over UN reports and all over the news prior to that.
Specifically, I want to ask you this. You claim that your work is guided by the Economist's democracy index. I'm skeptical about that claim. Can you tell us specifically which Russian state-owned companies McKinsey has worked for since Russia invaded Ukraine in 2014?
Go ahead, please.
Sir, you said in your opening statement that McKinsey followed all the rules and that these were competitive contracts assessed by public servants. All the rules were followed. That's a similar line we received from ministers.
The problem is that your talking points aren't up to date, because the government released a press release on Friday that said, “there are indications that certain administrative requirements and procedures were not consistently followed”. I don't think the government would issue a press release admitting that they didn't follow all of the rules in their procurement with McKinsey if they weren't sure that they hadn't followed the rules. The government wouldn't release a press release like that, saying that they had failed to follow the rules if they had been following all the rules.
Do you want to acknowledge that certain administrative requirements and procedures weren't consistently followed, and do you want to share with us why that happened?
:
Thank you for the opportunity.
As I said, McKinsey is an ethical company. Part of being an ethical company, as I alluded to, is that we acknowledge we've made mistakes and we've learned from them. I think the consequence of that is that we have made dramatic changes in our firm over the last 10 years in relation to ensuring compliance with all policies and all procedures for all of our clients, everywhere, around the world.
As I've said, we've invested $600 million in building first-class systems, training people and changing our compliance processes, whereby people have to undertake compliance training before they can receive their bonuses. It's all core to our DNA.
The second thing I would say is that, as a company globally, we take great care in trying to improve the communities in which we operate and adding value back to the communities in which we operate. For example, in Canada last year, McKinsey did over 7,000 hours of pro bono work for a variety of organizations. Most of our partners sit on the boards of hospitals, food banks and the like, trying to make the communities better where we operate.
As I said, everybody wakes up every morning knowing that we are an ethical, values-driven company with very high integrity.
:
I think there are probably two significant challenges among many. The list could be long. I'm going to focus on two.
The first one is this rapid evolution of technology. The private sector, as everyone appreciates—be it banks, insurance companies, retailers, consumer packaged goods companies or energy companies—is rapidly evolving technology. ChatGPT is the latest example of that. That's going to upend just about all of our lives.
Related to that is digitization. How do you take services and digitize them in a world where we have people with very diverse needs? We have language issues. We have issues with disabilities, time zones and broadband access. Trying to solve all of those problems is core to what McKinsey does as a firm and core to the issues that the government faces. That's one.
The second is trying to find a way to do more with less. Every organization is trying to figure out how to do more with less. The demands always go up.
Of course, we know you work with governments around the world. You work with the Government of Russia, the Government of Saudi Arabia, the Government of China and entities that are affiliated with them.
You told your employees not to attend a pro-democracy protest in support of Mr. Navalny in Russia. Again, you may not be aware of those things, sir, but those things are of course matters of public record.
I want to follow up on the end of the last round of questions I was asking. You say all of the rules were followed. The government admitted in a press release on Friday that all of the rules were not followed. Were all of the rules followed or not, sir?
As I alluded to previously, in every contract we take on with the federal government there is a component of skill building.
For example, as I alluded to, when we did digitization work for IRCC part of our contract was to help build what they call a digital lab. This is a group within IRCC that is staffed up with digital experts, scrum masters, data scientists, data engineers, graphical user interface designers and workflow designers that could work across the rest of the government digitizing other processes without support from McKinsey.
:
This, again, is a critical question.
First of all, McKinsey takes client confidences and the management of client data very seriously. It is the core of who we are. As I said previously, the fact that we have been in business for a 100 years on this model, where two-thirds of our clients are long-standing repeat clients, provides evidence that we know how to manage this data.
On top of that, we are required to comply with the federal government's requirements on data management, data integrity, data security and data protection. We have fully dedicated teams internally in Canada and globally whose sole job is to ensure that we comply with those rules and to ensure that the data is protected and secure.
A benchmarking tool is a diagnostic tool. It helps identify where processes need to be changed. Then it's our job, in consultation with our client—in this case, the civil service—to take the diagnostic delivered by the benchmark and to work to customize the process around those elements for the environment in which we're working, for the people or for whatever the situation may be.
I'll give you an example. With agile execution, there is a certain way in which a core agile execution happens, but it has to be customized for the department you're working in and the country you're working in. However, agile at its core is a particular model.
Concerns have been shared, obviously, about McKinsey's role in the toxic drug crisis, in the marketing. I know you weren't there, but this is a huge issue for us in our country, as you know. We have people dying every day. McKinsey played a role in that in terms of the promotion of toxic opioids.
How do you decide when you're going to decline to do business for a potential client? I mean, this is when it comes down to the ethics of it. Your company promoted a product that went against government policy. Clearly, there was a breach in ethics and values.
Mr. Palter, I'm holding the internal audit of federal government consulting contracts ordered to McKinsey & Company, which, as we indicated, was released on Friday, strangely, during Biden's visit. The timing of that was very odd.
I'm looking at “Findings for Objective 2: Fairness, Openness, and Transparency”. It says here, “This objective was partially met.” That's not great, that it was partially met. The report goes on to state that “there were issues with the accuracy of the Statement of Work”. The report then goes on to say, “the contract may not have been in place before the vendor commenced work.”
Is that McKinsey's normal practice, to begin work before the contract is signed?
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It goes on to say, “The Project Authority needs to conduct effective monitoring to ensure that the delivery of services meets the provisions of the contract, including its Statement of Work, in terms of quality, standards and service levels.”
As I indicated in my last round, we're clearly missing some information here, either from one of the two ministers responsible to this committee or from your organization.
It also says here, “The vendor did not provide the deliverables in accordance with the contract's Statement of Work.” I just alluded to that in my last question. The report says, “First, the deck did not address all the technologies outlined in the Statement of Work (i.e., it did not cover Virtual reality and Biometrics). Second, there was no evidence on file”—this will be important to Canadians—“that the vendor submitted the presentation in French as well as English. Third, only one presentation was delivered, not four as outlined in the Statement of Work.”
We addressed already the 25% of the deliverables being there. But now that the vendor submitted the presentation, there was no evidence that this was submitted in French as well as English. Were you aware of that? Is that of concern to you, since it was for the Government of Canada, where all work should comply with the rules as to our official languages?
Thank you, Chair.
You know, McKinsey is an ethical dumpster fire, and you, sir, are supposed to answer questions about it. There are so many things that you're unaware of. You're unaware of the work done in Russia and China. You're unaware of the fact that rules weren't followed in these contracts. You're unaware of the internal audit report that my colleague brought out. You're unable to answer questions about whether or not there was a conflict of interest when Andrew Pickersgill, your predecessor, was supplying analysis to the 's growth council at the same time that he was pitching the government on contracts, while McKinsey, the whole time, was not on the lobbying registry.
I would like to know, just as we wrap up today, if Andrew Pickersgill will be prepared to testify before the committee, since he was managing partner during most of the period we're covering. Perhaps he can shed some light on the things you have been unable or unwilling to answer.
Is Mr. Pickersgill available to testify before this committee?
Thank you very much, Mr. Palter, for being here. Thank you for the fact that you shared so much information with the committee.
I think it is absolutely important to state that McKinsey actually complied completely with what the committee asked. I would also note that Mr. Pickersgill has not been summoned here by the majority of the members of the committee, at this point. He's not been asked to be a witness by anybody other than one person, at this point. We'll see whether or not we need to hear from him.
At this point, I believe this is about the ninth meeting the committee has had about McKinsey. We've diverted ourselves away from the larger, more important subject about whether or not the federal government is doing too much outsourcing and how we would reduce that outsourcing. The budget yesterday actually talked about reducing the amount we spend on outsourcing by billions of dollars, so we're going to have to.
Some people have tried to create a narrative that because Dominic Barton was somehow a close friend to the , McKinsey got all this business. As you heard, of course, when Mr. Barton was here—you said his testimony could speak for itself—we recognized that he is not a friend of the Prime Minister's. He's not even one of his 50 best friends. They've never socialized. He doesn't have his phone number. In fact, we've also noted that McKinsey's business with the Government of Canada drastically increased after Mr. Barton left McKinsey and divested all his shares. If he was trying to get business for McKinsey, he did a terrible job.
You've been subject to some real criticism, I think, of your company that was directed in a very unfair way, so I want to ask a couple of brief questions.
Can you talk about some of the volunteer stuff you do for UJA and other organizations?
:
Thank you, Mr. Housefather.
Mr. Palter, thank you for joining us today. We appreciate your time.
Colleagues, we're going to suspend for a minute or two.
Mr. Palter, we'll excuse you and your colleagues. Again, thank you for joining us.
Colleagues, we're suspended.
Members will have received yesterday a document from the Library of Parliament that outlines the status of the documents that were ordered by the committee pursuant to the motion of January 18. In that motion, they had requested documents from both McKinsey and federal organizations that had contracted with McKinsey. The report you have focuses on the degree of redactions that were made to those documents.
As we have outlined here, McKinsey has since sent us 91,000 pages of documents. Those were since sent unredacted.
It also describes that there were 20 federal organizations that have sent documentation to the committee, most of which have sent that in redacted form. I think there were 16 in redacted form and four in unredacted form, as well as one that declined to send information. There is an illustrative table at the end of the report that illustrates the extent of the redactions that were made to those documents.
I will leave it there, but if members have questions, they can feel free to ask Diana and me.
:
Thanks very much for turning this around for us.
This is good, but I think it's important, based on this report, that we do inform the House. Until we do that, the House is unaware that this has occurred.
I would like to amend or add to the end of the report. I will read two quick lines into the record:
The right to institute inquiries and demand papers is one of the privileges of the House of Commons as a collectivity.
Accordingly, the committee wishes to draw the attention of the House to what appears to be a breach of its privileges and/or a possible case of contempt of Parliament and recommends the House to take measures it deems appropriate.
That's the addition I would like to make.
This wording, although I would like to tell you that I just wrote it up now, Chair, is lifted from similar reports that have gone from committees to the House with respect to similar breaches of privileges with respect to requests or orders for production of documents. I think it would be appropriate to include it here.
:
Yes, Mr. Chair. Thank you for giving me the opportunity to speak.
I am not a member of this Committee, but I am the Conservative official languages critic.
It has been brought to my attention, and one of the analysts mentioned it as well, that McKinsey provided 91,000 pages of documents for the Committee’s study of the report. Various government departments and agencies also provided documents.
According toHouse of Commons Procedure and Practice:
Federal departments and agencies must submit their documents to committees in both official languages. Any other individual, including a member of Parliament, may submit written documents in either official language.
So this is not about the 91,000 pages provided by McKinsey; rather, it is about documents provided by departments.
The clerk received a letter on March 25 from the Department of Employment and Social Development indicating to the Standing Committee on Government Operations and Estimates that they were unable to provide their documents in both official languages.
I will read part of that letter, signed by the Deputy Minister of Employment and Social Development, Jean-François Tremblay:
Please be advised that in order to meet this commitment, certain concessions were made with regard to the sequencing of the documents contained in the French instalment […]
I would remind you that House of Commons Procedure and Practice stipulates that documents presented to committees must be provided in both official languages. The procedural guide does not state that concessions must be made.
As you know, the Standing Committee on Official Languages is currently studying Bill , which aims to modernize the Official Languages Act. In Canada, there are two official languages, but only one is in decline: French. In my opinion, this information should be included in the report.
I consider it unacceptable to make concessions with respect to one of our two official languages, whether it be English or French. In this case, it is French. This will be a sensitive issue as long as Canada remains a bilingual country. I emphasize the word “bilingual”; in Canada, that includes English and French. I remind you that though the Governor General of Canada is bilingual, she does not speak French.
It is important that the clerk and members of the Committee realize that the rights of members who speak only French are being violated. Yet this is a parliamentary right. As a Member of Parliament, I believe that the very least we can do is respect that right.
I will continue reading the Deputy Minister’s letter. It explains why the French documents were not provided in time by saying that it is “due to the technological limitations that cannot be addressed within the current time constraints.”
What kind of behaviour is that? How can the members of the Committee accept this situation? Parliamentarians’ rights are being violated, and that indirectly affects respect for one of our two official languages.
I would like this to be reflected in the report or for the study of this report to be postponed, since not all parliamentarians who work in French have had access to the same information, which is unacceptable.
I thought it was important to share this with you, Mr. Chair. Indeed, as long as Canada is a bilingual country, we are obliged, as parliamentarians, to ensure that the use of both official languages is respected and that House of Commons procedures, which require all federal departments and agencies to provide documents in French and English, are respected as well. This should not be done by making concessions or reducing the text.
Take the example of a document you received here, which contains 800 pages in French and 1,000 pages in English. An analysis of translated documents tells us that the French version of a document that was translated from English contains 10% more words. In this case, the document would therefore be at least 300 pages short.
Which parts of this information are not available to French-speaking Members of Parliament?
I think it is important that this be brought to your attention and taken into consideration to prevent such a situation from recurring. In my opinion, the drafting of the report should be postponed until all members of this committee have access to all the documents, both in French and in English. They will have to be translated in an acceptable manner so as to respect the meaning or interpretation of each word.
That is all, Chair. I apologize, I don’t mean to be…
:
I want to talk about when I read the letter from the deputy minister, Mr. Tremblay. I know I have a certain temperament, so I realize I can be a bit hotheaded. Nevertheless, I want to say calmly how dismayed and disappointed I was when I read the letter, which suggests that it's more acceptable to speak only English than to speak only French in Canada. Basically, the deputy minister seems to be saying that French speakers should be able to read English because that is the language spoken by the majority. Francophones can figure it out. It's no big deal if the metaphors and such go over their heads.
It's time to stop treating us like second-class citizens.
Has there ever been a time when documents weren't translated into English, when English speakers didn't receive materials at the same time as their French-speaking counterparts or when they received fewer documents than their French-speaking colleagues because of a decision to make concessions on the English translation? I'd be curious to know the answer to that, because as far as I recall, that's never happened in Parliament.
I can see some of my fellow members are paying attention, but I can also see others who are on their phones or computers. Their actions merely prove my point. Some unparliamentary language comes to mind, but I will refrain from using it.
I take the time to read every single document. I even have to read documents in both official languages because sometimes the French versions are more redacted than the English ones, or because the French translation is frankly pitiful. Do you have any idea how much work that is? I do it because I care about making sure that taxpayer money is spent well, that it's not squandered. If, at the end of the study, all that effort helps me come to the conclusion that public funds were not squandered, I'm pleased and satisfied with the work I've done.
However, I want you to understand what it means for a francophone to have to do double the work because something was only partly translated or not translated at all. It's an insult. It's unacceptable. It's the ultimate slap in the face. This needs to be written in the report, and that report needs to go to the House. Enough is enough.
Quebec isn't the only place with francophones. They live all over the country, and each and every one of them is entitled to respect. These documents may not necessarily be in the public domain, but even when they are, the same problems arise. I'm not even talking about the grammar or syntax errors. I'm talking about glaring errors and incomplete documents. Enough is enough.
Here's what I think of a letter like that, and I'm going to say it in English so it's perfectly clear.
[English]
It's a piece of crap.
[Translation]
Sorry, I know it's unparliamentary language, but that's exactly what it is. It has to be said.
Thank you.
:
Mr. Chair, I'd like to say something, because I think there are two issues, here.
The first issue is what Mr. Godin and Mrs. Vignola talked about. It's not acceptable for the French version to have more redactions or for it to be incomplete. Nor is it acceptable for a deputy minister to use language like that. He doesn't seem to be aware of the fact that he has an obligation to provide the committee with the documents in both official languages. Clearly, that's a problem. Perhaps we should ask the person who signed the letter to appear before the committee so we can explain it to him.
The second issue has to do with the fact that we asked organizations across government for thousands of documents at the same time. Depending on the government's contractual policies, those documents aren't necessarily available in both official languages at the time that the committee requests them, obviously. Under one policy, the subcontracting business with the company can be carried out in the official language of the company's choice. A company could very well have a series of contracts in French or in English, so any contracts and related materials requested by the committee would need to be translated. In this case, we are talking about having hundreds of thousands of pages, if I'm not mistaken, translated into French or English.
Clearly, that isn't easy to do, so the committee should take that into consideration. If we are going to set tight deadlines, it's almost impossible for an organization to provide the committee with properly translated documents. If the committee's priority is to ensure that organizations meet the deadlines we impose or that they provide a wide array of documents—as opposed to specific documents—it can make things worse. That's what happened here, with the translation of all these documents.
I think the responsibility here is shared between the departments and the committee, because of the deadlines we set and the huge number of documents we requested.
However, with respect to translation quality and the deputy minister's intent in his letter, I think we should ask him to appear before the committee to explain his letter. We can report to the House on the translation issue, because it's important.
[English]
On the question of the documents themselves, Mr. Chair, I want to make sure. I think it's mostly you I'm hoping will have the action item here. To me, there are a couple of questions.
McKinsey originally delivered documents that were redacted. Then we went back to McKinsey and we said to McKinsey, “No, that is not acceptable. Please provide us with documents that are not redacted, and we will give you a chance to justify to us what shouldn't be made public based on the documents you now give us”, which McKinsey then agreed to.
I am not 100% sure, but it doesn't seem to me that we've clearly stated that to government departments. My request to you, Mr. Chair, is that I think the next step would be to go back to the government departments and say, “We asked you for non-redacted documents. We sent the same letter to everybody, and you have not delivered non-redacted documents. McKinsey has delivered all the documents in non-redacted format. PSPC, the main department, has delivered their documents in a non-redacted format. We fully expect you to comply with this order and deliver us non-redacted documents. In the event that you believe some of the provisions should not ever be made public, please provide the committee with all of the reasons that part shouldn't be made public, and we would be delighted to consider all of your requests. Provide us with this by X date.”
If they don't comply at that point, I'd be happy to say that it would get referred, but I would like to give a clear directive to the chair to go back to the departments with a very clear message to each of the departments that has not complied, exactly as you did with McKinsey.
To me, on that part, on the documents part, Mr. Chair, I'd like to see that as the next step as opposed to just sending this report to the House.
Thank you, Mr. Chair.
We have had lots of problems with the departments. I think ESDC is just the cream on the top adding to the issue of refusing to comply with Parliament. We've extended lots of opportunities and written several times to each of the departments that have refused. We heard in committee from two different deputy ministers when their ministers were here that they didn't believe they needed to comply.
The correspondence coming back from the departments is almost.... Ms. Vignola talked about not wanting to use unparliamentary language. I'm at that point right now as well. It's almost at a level of arrogance. We've had them quoting law, how it violates the Constitution to obey an order of Parliament and how they were following a past practice of ignoring Parliament in refusing to hand over these documents. One of the departments out and out said “No, we are not going to give you anything.”
This committee, I believe, has bent over backwards and been accommodating. A lot of it has arrived late. It's like, okay, we wish you would comply with an exact date. We've extended dates. By and large, these departments....
We've written several escalating letters, from polite to less polite to even less polite and more direct, reminding them of the motion and very clearly of what the powers of committee are. They have responded by saying, “No, we'll follow the ATIP rules,” or “We're not providing it.” We heard, I think, CBSA say in this committee, “We'll take it under advisement” and that they had to balance it.
I'm sorry for being on the high horse here. We've given these departments every opportunity to do this. Then, today one of the departments comes back with a slap in the face.
My French is, frankly, quite horrible. I've spoken French twice in the House in seven years here. I've tried, but it's not good. However, our rules and our laws are that it's both languages. Our rules and our laws also say, in the green book, very clearly, the powers of committee.
It's not once. Sometimes we have sent three or four letters demanding this. We quite literally just get a “No, we're not interested. We don't believe we have to.”
I'm happy if it's the will of the committee to make one more attempt, but we've given them several clear, unambiguous statements of what is required of them. If it's the will of the committee, I will do that.
It's Mr. Godin, Mr. Barrett, Mrs. Vignola and then Mr. Kusmierczyk.
In response to the honourable member, I would say that it's not about doing things the easy way. Canada is a bilingual country. We speak English and French. This isn't about how easy something is to do.
In his letter, Deputy Minister Tremblay asks the committee for indulgence. It's as though speaking French and having equal access to the information is asking for charity.
I think this goes beyond what's easy. This has to be a priority.
I have a suggestion. Although I'm not a regular member of the committee, I would like to propose an amendment that the report be updated to reflect the official languages issue. I think it's important to have it in there. We could refer to the documents provided by Employment and Social Development Canada, or ESDC, to illustrate the point.
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Right. I'm happy to move the appropriate amendment once we've dispensed with the amendment that is currently on the floor, but I don't think I can amend my amendment.
I guess I'd just ask one very quick thing.
I appreciate your intervention with respect to the fairness that has been offered to the departments. It's included in the letter. It talks about the March 6 motion the committee passed, and then the letter that was sent two days later to all the committees. It was at that time that members of the committee raised the question of privilege, and the chair suggested, if memory serves me, that more correspondence be sent. The correspondence was sent.
Once is the correct number of times we need to ask to get what the departments are legally obligated to provide to us. They've had multiple opportunities and ample time. They've demonstrated, as evidenced in multiple letters, an unwillingness or a refusal to comply.
We are where we are not for a lack of opportunity being given by this committee, and that's evidenced in the report prepared by the analysts.
Chair, we're past 6:30 p.m. I'd like to know how much time we have left. On this important issue, I think we're able to dispense with it today, because we'll be weeks further down the road before we have an opportunity to deal with this again. I wouldn't want to see us lose resources before we resolve it.
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First, I'd like to respond to the member's comment about the deadlines being tight and the documents taking a long time to translate. At the end of the day, francophones are always the ones who pay the price. French is always sacrificed. You would be just as angry if the deputy minister had asked the same indulgence of anglophones in the letter.
Let me be clear. I am not pitting anglophones against francophones. This isn't 1759 and the battle of the Plains of Abraham. That's over. It's a subject we could discuss at length.
No one would accept the deputy minister's comments had it been French documents that weren't translated into English. We are always being asked to show indulgence and make concessions. As I said, francophones are always the ones who pay the price. We exist, and we will continue to exist. We matter. Until there is evidence to the contrary, we are part of what we currently call Canada, and we are entitled to respect like everyone else.
I'm going to push for the update because this involves a formal and official request. That is the reality and this is about respect through and through.
For that reason, I am asking that the report reflect the issue with official languages and the translation of the documents. ESDC's letter could be attached to illustrate the point.
We matter. Thank you.
I just want to say that I think we are all united around the committee table in terms of understanding and recognizing how serious both of those issues are: the issue of bilingualism and the issue of making sure that departments respond to the requests of this committee.
I support Madame Vignola's subamendment and request to have that included in the report.
I would put forward an additional step, if that's okay, or an intermediary step, before we send the report to the House to give, again, the relevant ministries an opportunity to comply. What I would suggest is that we explicitly state in the communication.... What I'd like to see is a letter, correspondence to the ministries, informing them of our intent to bring this report to the House so that the ministries understand that the committee is prepared to take the step to bring this forward directly to the House of Commons. It would signal the seriousness of the situation, and it would also give the ministries a clear understanding of what our intent is and what we are prepared to do in terms of the next step. It also gives them an opportunity to comply.
It's an added step. It's responsible, it's pragmatic and, again, it clearly communicates to the departments how seriously we're taking this. It clearly signals that our intent is to bring this issue up before the House, and it gives them a final opportunity to comply.
I think that is something sensible, so I wanted to bring that forward for the committee's consideration.
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But I want to come back, Mr. Chair.
I have no objection, if we're actually referring the matter to the House, to adding the language Mr. Barrett proposed, but I want to make sure, as per Mr. Kusmierczyk's suggestion, which is similar to what I said before, that this goes back to the departments with the letter from you. The House isn't sitting for two weeks, so giving them the two extra weeks before the House resumes before referring it to the House seems normal.
I want to understand how that would be voted on.
I appreciate my colleague compromising on this issue and trying to find an accommodation. On April 10 we won't be here, obviously. We won't be sitting as a House and we won't be here in committee. I'm wondering if my colleague would entertain the possibility of simply allowing us to have a meeting as a committee on the Monday we come back, which would be April 17. At that point, we will see what the status is of our ultimate request and then make that decision.
It just allows us to get information and to see what the final situation is. I don't feel comfortable if we're making this decision that a trigger point happens when we're not sitting and we are not aware of what the status is of that request.
Would my colleague accept the fact that we would simply make that decision on April 17? I think you would get unanimous support behind that motion. Again, it underscores just how serious this issue really is.
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In fairness, we were looking for this to happen today. We've given the departments multiple chances. Giving them another two-week period to comply.... If everyone says it's inappropriate for departments not to comply with an order of the committee, that will be true tomorrow, and it was true yesterday. So if we're just giving a second and third chance, there's no more information they can provide. They must provide the documents unredacted. If this is simply a misunderstanding and they didn't realize that we were going to refer it to the House, well, now they know. In terms of us coming back and burning more time on it, nothing will have changed between today and then.
Just to be clear, I think referring this to the House is overdue. I think we promote what we permit. By not having dealt with this already, we're encouraging more bad behaviour. I think the time is nigh.
If it would give comfort to other members of the committee that a week is sufficient.... Two weeks drew disorder from some of my colleagues, saying it was too long. I don't think we need to come back to when we're sitting. The first day the House is back, the chair of the committee has the opportunity to inform the House.
I think that's reasonable.
Madame Vignola, we 100% support the addition of the language you talked about to the report. I think that will be communicated one way or another.
What I would like to suggest to my colleagues is, let's keep the date of the 12th, and let's have the subcommittee meet on the 12th for 10 or 15 minutes via Zoom to ensure that, yes, we are ready to send this out to the House or no, we are not. Upon the outcome of the subcommittee meeting, we could decide to move forward.
I just wanted to reiterate that we absolutely support both pillars of the motions that were brought forward here. The seriousness of the situation in terms of making sure that there is appropriate bilingual translation of all documents is absolutely critical. It's fundamental, and it's foundational, not only to the work of this committee but to the work of all Canadians, as a bilingual country.
At the same time, I absolutely do take seriously the need for us to send a message to make sure that departments and ministries comply with our requests to make sure we see all the information that is unredacted. That was the original request that we made. We're serious about that.
I do think we're missing one step, which is sending a final letter to ministries and departments to make our intent clear to all ministries and departments. The intent of this committee is to send a report to the House of Commons underlining that certain fundamental rights of this committee have been breached.
What I would like to see, and what I think would give that letter additional force and meaning, is having unanimous support behind it and making sure we can say that, at every turn, at every step, the ministries and departments were informed of our intent, informed of our plan, and given every opportunity to comply with that request.
The reason I'm saying Monday.... I know it's a couple of days' difference, but it does two things. One, it gives 10 business days for the ministries to comply, which means that at that point they have absolutely no excuse. They know full well and with full knowledge that they were not in compliance with the request, that they were in breach of the request.
It also gives this committee an opportunity to sit, to view the request, to see which ministries actually did not comply and discuss the outcome of this final correspondence in open session for all to see.
I think that's what it does. It provides maximum accountability. It provides maximum transparency. It allows us to make that decision as a committee, and hopefully unanimously, to send a real, strong message to the House that such practices are unacceptable. I think there is unanimous support here.
I would like to give the ministries, as I said, 10 business days. The House is not sitting. We come back on Monday. We see what the results of that letter are. Then we make that decision unanimously as a committee. I think that would only highlight and emphasize the seriousness of the situation for all members of Parliament, for all committees and for the House of Commons.
Again, I want to recognize the flexibility—
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We are absolutely in support in terms of recognizing the seriousness of the situation, both on the language issue and on the issue of making sure that when the committee asks ministries to bring forward unredacted information, the information comes back unredacted.
What we are simply proposing is that we send a penultimate letter to the ministries and the departments, the relevant ones, the ones that have not responded to our request, to let them know that this is our intent: If they do not comply within 10 business days, we will send a report to the House of Commons.
That's what we're asking for, that step. What we're asking for is simply to convene as a committee on the Monday when we return from the Easter break so that we can fully understand which departments have or have not responded. We can discuss it and then we can come to a vote, and come to a vote unanimously, to support that motion—if that is in fact the case, if there are ministries or departments that have not complied with our request.
I think this is a pragmatic step, a sensible step. It gives the ministries clarity in terms of what we expect. It gives them clarity on what our game plan is. At that point, if they don't comply, the seriousness of that is what we will convey to the House of Commons, and there will be no shred of doubt that they had a full understanding of our intent and how seriously we take this situation.
All I'm asking for is really a difference of five days so that this committee has the opportunity to convene and see what is the status of our ultimate request to the ministries and departments that are not in compliance. That's all we're asking for, giving them 10 business days.
Again, I absolutely respect and acknowledge my honourable colleague for being flexible. I ask for a little bit of flexibility on this. I think it will only strengthen our position moving forward in terms of the message that we want to send and the report that we want to send to the House of Commons. That's what I'm asking for at this point, a little bit of flexibility, and we're ready to vote on it today.