Proceedings of the Standing Senate Committee
on Fisheries and Oceans
Issue 18 - Seventh and Eighth Report of the Committee
Thursday, November 6, 2003
The Standing Senate Committee on Fisheries and Oceans has the honour to present its
SEVENTH REPORT
Pursuant to Appendix IV of the Rules of the Senate, your Committee hereby reports on the question of privilege raised by the Honourable Senator Comeau on Tuesday, May 27, 2003.
On Thursday, May 15, 2003, the Canadian Press ran a story dealing with artificial reefs, one topic addressed in a confidential document that your Committee had considered in camera two days earlier. On Friday, May 16, several newspapers picked up this story.
On Tuesday, May 27, 2003, the first day on which the Senate sat following the initial publication of this story, the Chair of your Committee, pursuant to Rule 43, gave written notice of, and subsequently raised in the Senate, a question of privilege relating to this matter. The Speaker ruled that there was a prima facie question of privilege and, pursuant to Appendix IV of the Rules of the Senate, your Committee was charged with examining the matter and reporting thereon to the Senate.
Your Committee subsequently reviewed the matter and has concluded that the premature release of material did not affect the content of its Fifth Report, which was tabled in the Senate on Monday, June 16, 2003. The material to which the media made reference dealt with a subject that had been dropped from the report prior to the disclosure. Where this premature release could, however, have had negative effects was on the collaborative working relationship between members of the Committee. This working relationship is extremely close, having been built up over many years. An incident such as this leak has the potential to decrease this strong sense of trust and teamwork.
Your Committee has also concluded that the rigor of a formal investigation could have significant detrimental effects on the excellent relationships between members of your Committee, their employees, and the staff of your Committee, and would therefore have a negative impact on the Committee's effectiveness. Actions such as hiring an external investigator could compromise even further the cohesion of the Committee. Your Committee is also far from confident that a more in-depth formal investigation would actually succeed in identifying the source of the leak.
Your Committee's general conclusion is that the leak, while highly regrettable, was accidental. It probably arose from a failure to appreciate fully the importance of respecting the confidentiality of matters dealt with in camera and related documents.
Your Committee takes this opportunity to emphasise, to all Senators, Senate staff, and others involved in dealing with confidential documents, the importance of dealing with these in the most cautious manner. It is, in dealing with these materials, always better to err on the side of caution in order to avoid the inadvertent release of information that the Senate is entitled to receive first.
In light of the above, your Committee recommends that no further action be taken in relation to this particular leak.
Respectfully submitted,
Thursday, November 6, 2003
The Standing Senate Committee on Fisheries and Oceans has the honour to table its
EIGHTH REPORT
Your Committee, which was authorised by the Senate on November 6, 2002, to examine and report on issues relating to straddling stocks and fish habitat, now tables a interim report entitled Fish Habitat: Interim Report of the Standing Senate Committee on Fisheries and Oceans, which is attached hereto.
Respectfully submitted,
GERALD J. COMEAU
Chair