MPs on Wednesday enacted an extraordinary, rarely used parliamentary power, summoning an ArriveCan contractor to appear before the House of Commons, where he was publicly reprimanded and forced to give answers to questions MPs said he had previously evaded. .
The cross-party decision to force GC Strategies partner Kristian Firth to appear before the House of Commons tribunal (the brass bar that stretches across the floor of the House preventing passage to those not have been invited) was taken last week after some deliberations and procedural collaboration.
Firth took his place on the periphery of the Commons after question period and was reprimanded by the Speaker for what MPs deemed his “prevaricating” testimony to the committee investigating the controversy surrounding the ArriveCan application.
A host of questions have been raised, damning reports issued, and new investigations launched into improper hiring and management practices in connection with the controversial COVID-19-era border enforcement.
GC Strategies was awarded the initial ArriveCan contract and it was reported that the company then subcontracted other companies to work on the app, keeping a commission.
Firth, who appeared before a House committee last month, testified that increased scrutiny and what he said were inaccurate reports about his company’s involvement in the ArriveCan app, had led to threats against him and his family. .
Just as successive rounds of questioning by MPs from all parties were to begin, acrimony arose over whether Firth, accompanied by his lawyer, was medically cleared to face questioning.
After Firth cited “mental health flares,” Government House leader Steven MacKinnon said the Liberals did not believe it was appropriate to question him, but ultimately proceedings continued with the understanding that the House would allow occasional breaks, if necessary.
The Liberals, Conservatives, Bloc Quebecois and NDP each had two 10-minute rounds, followed by a third round of five-minute question periods, including Green MPs. However, the Liberals opted out, citing concerns about Firth’s mental health.
“On this side of the House, we don’t think it’s appropriate,” MacKinnon said. Bloc Quebecois leader Yves-François Blanchet also expressed some doubts about the partisan nature of some of the Conservatives’ questions.
MPs summoned Firth in an attempt to obtain information they believe he has failed to provide to date, in part because of his refusal to answer certain questions, citing other ongoing investigations.
On Wednesday, Firth acknowledged that he may not have answered questions “correctly” previously and that some of his answers “may have been obtuse”, but that he was not intentionally trying to evade MPs.
“By acknowledging the fact that I’m being reprimanded, making history right now, I think I’ve acknowledged the fact that I made mistakes in previous committees,” he said.
He also revealed that GC Strategies has not been asked to return any money.
Auditor General Karen Hogan has said Canadians “paid too much” for the app, although she could not establish whether the estimated $59.5 million price tag equals the actual cost, due to poor record-keeping by various departments. involved.
In that report, Hogan also raised questions about GC Strategies’ involvement in setting the requirements used for a contract, valued at $25 million, that was later awarded to Firth’s firm.
Firth offered a few names in relation to this and revealed that he does socialize with federal workers, although he stated that he does not believe he has influenced the award of any contracts.
As House attendance ultimately dwindled, their final exchange may have been the most telling.
“Gives you no shame?” asked Elizabeth May of the Green Party.
“Mr. President, do I have to answer that?” -Firth asked.
“Yes, yes you do,” Fergus replied.
In his last words to the House before being escorted out by the Sergeant at Arms, Firth said “no, I am not ashamed.”
RCMP confirms search warrant
The interrogation took place just as the RCMP confirmed to the media that they had executed a search warrant at an address registered to Firth the previous day.
The search warrant was executed Tuesday by the RCMP’s International and Sensitive Investigations unit, at a home in Woodlawn, Ont., west of Ottawa.
An RCMP spokesperson said the search was not related to an ongoing ArriveCan investigation and that national police would not provide the name of the company or the people involved to protect the privacy of people at the residence.
“As the investigation is ongoing and there are no charges at this time, no further information will be provided,” the RCMP spokesperson said.
The RCMP has previously confirmed that it is “investigating a matter referred by the Canada Border Services Agency (CBSA) that is based on allegations brought to them by Botler AI,” a company that did not work on ArriveCan, but which raised the alarm about related hiring. . practices.
However, RCMP Commissioner Mike Duheme has indicated that ArriveCan’s investigation is an expansion of the initial matter referred to them by the CBSA.
Conservative MP Michael Barrett asked Firth about the RCMP investigations, to which he responded that police had only contacted him in relation to the Botler AI matter.
Firth said that regarding the search, there was a court order “for my estate to obtain electronic items surrounding Botler’s allegations” and that while he was aware of the search, he was not on the premises when it was conducted and is not aware. what material it could have been taken from.
“We encourage the RCMP, its investigation into the Botler [AI] accusations… because we believe it will exonerate us,” Firth said.
Everything Firth said as part of Wednesday’s proceedings is protected by parliamentary privilege and cannot be used against him in any other forum.
First in over 100 years
MPs who agree to find Firth in contempt of Parliament and order him to appear and face questions will go down in the history books as a measure that has rarely been used.
The last time MPs subpoenaed a person was in 2021, when the then-director of the Public Health Agency of Canada was reprimanded for failing to hand over documents related to the Winnipeg lab matter.
Before that, according to the House of Commons, the last time a private citizen was reprimanded and questioned under the authority of the House was more than 100 years ago.
In 1913, RC Miller – a witness before the public accounts committee – refused to answer questions relating to allegations of bribery for government contracts. In the end, MPs in Miller’s case ordered him imprisoned.
In a brief opening statement, Commons Speaker Greg Fergus reflected on the historic nature of this moment.
“The privileges of the House of Commons are enshrined… This includes the right to launch investigations and require the presence of witnesses,” Fergus said.
“These privileges, enjoyed by the House collectively and by members individually, are essential in the performance of our functions. The House has the power, and indeed the obligation, to reassert them when obstruction or interference impedes the proceedings of the House …For all these reasons, on behalf of the House of Commons, I warn you.”
The motion resolving Wednesday’s reprimand notes that after his questioning, the government operations committee will be tasked with reviewing Firth’s testimony and “if necessary, recommend additional action.”