Hon. Raymonde Saint-Germain: The issues Senator Tannas raised are serious and extremely important. Anyone in this chamber who takes these allegations seriously could not possibly condone such an attitude were it to be displayed. What you’re talking about is contempt of Parliament, which is very serious and has consequences.

Having said that, given the seriousness of the matter raised, I reviewed the September 28 meeting of the Standing Senate Committee on Transport and Communications at which Mr. Benzie appeared. I noted that Senator Housakos asked Mr. Benzie questions that gave him an opportunity to say he felt intimidated in the other place. However, during his testimony before the Standing Senate Committee on Transport and Communications, he clearly felt quite confident.

Senator Tannas, to prove that you brought this question of privilege before this chamber by the deadline, you referred to a letter that Mr. Benzie provided to the clerk on September 29, the day after the Transport Committee meeting. I have the letter here. Mr. Benzie received it at 11:26 on the morning of September 28, which was before his appearance at the committee. The letter is from the Office of the Commissioner of Lobbying. It confirms that he has no obligation to disclose any funding received from parties other than a government. I will read it in English:

[English]

“. . . from any domestic or foreign government, at any level – federal, provincial/territorial/state, or local.”

[Translation]

At the time of his appearance, Mr. Benzie knew that he had not violated the Lobbying Act. He knew this when he was appearing before the committee, and the committee had no reason to question it.

The connection you are making with receiving this letter the next day and even later, because it had not been translated, does not, in my opinion, justify the notion that this complaint could have been filed immediately, on September 28. In my opinion, you therefore did not meet the deadline.

Something else that seems important to me is to separate what falls under the privileges and Rules of this chamber, and therefore falls within the purview of our Speaker regarding potential violations of the Parliament of Canada Act or the Rules of the Senate, from what falls within the purview of the other place.

The alleged elements are the responsibility of the other place and have been for some time. After all, Mr. Benzie’s appearance before the House of Commons committee took place four months before his appearance last week before the Senate committee. By his second appearance, he knew what this question was about and what to expect.

You also alluded to the allegation that witnesses who testified before the House of Commons on this same issue were intimidated, and that allegation was made by Mr. Benzie. Now, the important thing is to determine whether these witnesses were intimidated to the point of refusing to come testify before the Senate.

The Clerk of the Transport and Communications Committee has confirmed that no content creator who may have been intimidated at the House of Commons withdrew or declined an invitation issued by the Clerk on behalf of the Transport and Communications Committee. This information, in my opinion, has therefore not been documented.

What concerns me most about this question of privilege is not only the allegations, but the conflation being made between an MP, members of a House of Commons committee who are doing their job and questioning witnesses — rightly or wrongly, I don’t want to be the judge — and the fact that a member of Parliament was able to file a complaint with an officer of Parliament. To me, this is a fundamental issue.

Filing a complaint with an officer is not in itself an act of intimidation and certainly does not mean that the commissioner or officer of Parliament will complete the investigation in a non‑objective manner. If there are legitimate grounds, the officer of Parliament will investigate and come to a conclusion in an objective manner. We have confidence in those officers, whose appointment is endorsed by both houses of Parliament.

The other point that really concerns me is the fact that, once again, there is confusion between the Speaker’s authority over our work and the conflation with what may have happened in the House of Commons. I think that we all care about respecting the independence of both chambers. In my opinion, this misconception fails to respect that independence.

My last point — and I do not want to dwell on it because Senator Gold stressed this point — is that it is also a misconception to assume that any media outlet would cater to the government, an MP or anyone, and that it would choose to publish a news article on a particular day of the parliamentary calendar that would make it possible to somehow influence a witness or even abuse or harass them. It is a misconception to state that the situation is being created by members of Parliament or their employees.

Let me say that it has been stated with great certainty that a complaint filed with an officer of Parliament would be known to only a few people. With my six years of Senate experience, I could comment at length on the breaches of confidentiality that occur in the hallways and even in this chamber.

For all these reasons, I am of the opinion that the conditions for finding that the question of privilege is in order have not been fulfilled. Thank you.