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Decentralized Democracy

House Hansard - 339

44th Parl. 1st Sess.
September 19, 2024 10:00AM
Context: House Hansard - 339 - Sep/19/24
Hon. Andrew Scheer
  • Sep/19/24 3:37:00 p.m.
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Madam Speaker, the Liberal House leader's argument was fourfold. She believes that the House order exceeded its authority in adopting the order, that redactions were authorized because the order did not explicitly require unredacted documents, that any use made by the Royal Canadian Mounted Police of the documents produced could amount to a breach of the Canadian Charter of Rights and Freedoms and that the only permissible remedy here would be to refer the matter to the Standing Committee on Procedure and House Affairs. Permit me to address her arguments in turn. First, it would not surprise you, Madam Speaker, to know that I actually believe that the House order of June 10 was entirely within the authority and jurisdiction of the House and that clear jurisprudence will support my position. In her submissions, the government House leader cited page 190 of Parliamentary Privilege in Canada, second edition, which states, “The only limitations, which could only be self-imposed, would be that any inquiry should relate to a subject within the legislative competence of Parliament”. While I will also revisit this citation from Maingot later, let me first add for good measure a quotation from page 1 of the Prime Minister's former caucus colleague Derek Lee's book The Power of Parliamentary Houses to Send for Persons, Papers and Records: “Based on principles firmly established in constitutional and parliamentary law (and apart from the following limitations pertaining to Her Majesty, other Houses of parliament and foreign jurisdictions), a House of parliament has the full authority to summon and compel the production of any document.” It is also worth recalling that the order originated from a Conservative opposition motion, and Standing Order 81(13) provides that, “Opposition motions...may relate to any matter within the jurisdiction of the Parliament of Canada". I would respectfully submit that the motion debated on June 6 and adopted on June 10 was squarely within the jurisdiction of Parliament. It concerned Sustainable Development Technology Canada, an organization incorporated by Parliament through the Canada Foundation for Sustainable Development Technology Act. Many of its directors and the chair of its board are appointed by the federal cabinet, which is most certainly accountable to Parliament. Quite importantly, SDTC's operations are run with monies that have been appropriated by Parliament. The motion was precipitated by the bombshell report of the Auditor General of Canada, an officer of Parliament, which outlined a massive scandal. Conservatives were troubled that, given the conduct uncovered by the Auditor General and brave whistle-blowers, crimes may well have been committed. The criminal law is, of course, a well-established area of federal jurisdiction. The documents were to be transmitted to the Royal Canadian Mounted Police, Canada's police force, also established by an act of Parliament—
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