Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 19 - Sixteenth Report of the Committee

Thursday, October 30, 2014

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to table its

SIXTEENTH REPORT

Pursuant to Appendix IV of the Rules of the Senate, your committee hereby reports on the unauthorized disclosure of confidential committee documents.

Your committee adopted a draft interim report on the subject-matter of Bill C-23 (the Fair Elections Act) at an in camera meeting on Thursday, April 10, 2014.

On April 13, late in the evening, the Globe and Mail published an article on-line stating that they had obtained information from ''a source familiar with the report''. At midnight, the Hill Times published on-line that it had ''obtained a copy of the report'' and posted some details as well.

By the afternoon of April 14 contents of the draft report, including the fact that the committee had adopted unanimous recommendations, along with a minority opinion, were reported widely by a number of print and television media outlets.

On May 7, 2014, the chair of your committee made a statement in the chamber to inform the Senate of this alleged breach, and indicated that the committee would look into this serious matter and report back to the Senate in due course.

Your committee studied this matter thoroughly, engaged in debate and decided not to call any witnesses. Your committee also reviewed the procedures that were followed to ensure the security of the confidential report.

Your committee concurs with the findings of the Standing Committee on Privileges, Standing Rules and Orders (now called the Standing Committee on Rules, Procedures and the Rights of Parliament), who states in its report from April 2000:

In addition to the pre-eminent right of the chamber to have reports tabled and made available first to its members prior to their being released to the general public, your Committee also notes that premature and unauthorized disclosure of committees reports can interfere with and impede the work of the committee. The violation of the confidentiality of in camera discussions undermines the confidence with which Senators can discuss things freely, and affects their ability to carry out the work on behalf of the Senate.

Your committee came to the conclusion that in this case, no further action is required except to raise the awareness of senators, their staff and committee staff as to the importance of confidentiality of all deliberations that take place during in camera meetings, particularly during the drafting of committee reports. Your committee takes this opportunity to emphasize the importance of continuing to ensure that all senators and staff are cautioned and reminded of the nature of confidential and in camera proceedings and documents and the importance of protecting them.

Respectfully submitted,

BOB RUNCIMAN

Chair