Emergencies Act hearings end with final words on transparency, accountability
After 300 hours of testimony, 9,000 exhibits and a few major revelations, the public portion of an investigation into the first-ever use of the Emergencies Act ended Friday with a deep dive into questions about government accountability and transparency.
A panel of experts offered insight into a key issue the Public Order Emergency Commission will have to decide: whether the federal government has been forthcoming enough about why cabinet felt legally justified to invoke what is supposed to be a measure of last resort.
Over seven weeks of testimony it came to light that the government's interpretation of what constitutes a threat to Canada's national security was not in line with the one laid out in the Canadian Security Intelligence Service Act, which is cited in the Emergencies Act.
CSIS director David Vigneault told the commission the "Freedom Convoy" protests did not meet the threshold for a national security threat as defined in the CSIS Act, but he was assured that cabinet could interpret things differently in the context of declaring a public order emergency.
The legal advice that led Vigneault, federal public servants, cabinet and the prime minister to that conclusion was not released to the commission. The government insists it is protected under solicitor-client privilege.
"It would be hard to say that it does not affect the ability of the commission to reach a conclusion," former CSIS director Ward Elcock said, when asked about the impact of redacting documents and otherwise withholding information from the inquiry.
There are, however, issues of national security, cabinet confidence and, indeed, solicitor-client privilege that the government is "unable to make public," he said.
Giving up the government's legal opinion would be a "slippery slope," said Elcock, who also served in several roles in the federal public service.
The final week of hearings steered away from the events of the "Freedom Convoy" protest, and focused instead on legislative and societal issues that contributed to the chaos earlier this year.
Prime Minister Justin Trudeau invoked the Emergencies Act on Feb. 14 in response to the weeks-long occupation of downtown Ottawa by "Freedom Convoy" protesters opposed to COVID-19 public health restrictions and the federal government, as well as similar protests blockading land borders across the country, halting hundreds of millions of dollars in trade.
The emergency declaration granted extraordinary powers to governments, police and banks to limit the protesters' rights to freedom of assembly, freeze bank accounts and compel the co-operation of private companies, all in an effort to put a stop to the demonstrations.
It was the first time the legislation was invoked since it replaced the War Measures Act in 1988, so the legal thresholds for using it are still untested.
Ultimately it will be up to commissioner Paul Rouleau, who was tasked with leading the public inquiry, to decide whether the prime minister's decision was justified, without having seen the legal basis upon which it was formed.
That problem could be solved in the future by meeting the public halfway, said University of British Columbia law professor Hoi Kong, whose expertise is constitutional law.
He suggested a "simple response" to the concerns about transparency would be to require the government to convey a general understanding of the legal basis for declaring the state of emergency.
As several experts explained Friday, the very act of holding an inquiry is one way to keep the government accountable -- at least politically.
"One of the reasons for having accountability mechanisms is because you want the decision-makers, in the moment when they actually have to make a decision like this, to have like a little bird sitting on their shoulder saying, 'One day, someone who's not under this time pressure will look at what you've done,"' said Kim Lane Scheppele, a professor at the Princeton School of Public and International Affairs.
In that vein of transparency, Rouleau released a decision Friday to say the government had agreed to unredacted information it previously withheld on the grounds of parliamentary privilege in 20 documents that were submitted as evidence.
Brendan Miller, a lawyer for the Ottawa protest organizers, applied to have the information released, arguing it should not be privileged. The redactions include written notes and text message exchanges that belong to the prime minister's staff.
Since the testimony has now ended it's unlikely any new information in those documents will be put to witnesses but it can be considered by the commissioner and included in written legal arguments provided by various groups that participated in the inquiry.
At the end of the expert testimony Friday, Rouleau thanked the witnesses who appeared before the commission for assisting him in his work. That work now kicks into high gear.
The commissioner has only until early February to deliver his findings and recommendations to Parliament. The report must be made public in both official languages by Feb. 20.
This report by The Canadian Press was first published Dec. 2, 2022.
IN DEPTH
Former prime minister Brian Mulroney dies at 84
Former Canadian prime minister and Conservative stalwart Brian Mulroney has died at age 84. Over his impressive career, the passionate and ambitious politician, businessman, husband, father, and grandfather left an unmistakable mark on the country.
Who is supporting, opposing new online harms bill?
Now that Prime Minister Justin Trudeau's sweeping online harms legislation is before Parliament, allowing key stakeholders, major platforms, and Canadians with direct personal experience with abuse to dig in and see what's being proposed, reaction is streaming in. CTVNews.ca has rounded up reaction, and here's how Bill C-63 is going over.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
The first public hearings on foreign interference in Canada have begun. What you need to know
The public hearings portion of the federal inquiry into foreign interference in Canadian elections and democratic institutions got underway this week. Heading into this process, here's what you need to know.
TREND LINE What Nanos' tracking tells us about Canadians' mood, party preference heading into 2024
Heading into a new year, Canadians aren't feeling overly optimistic about the direction the country is heading, with the number of voters indicating negative views about the federal government's performance at the highest in a decade, national tracking from Nanos Research shows.
Opinion
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
opinion Don Martin: Pierre Poilievre's road to apparent victory will soon start to get rougher
Pierre Poilievre and his Conservatives appear to be on cruise control to a rendezvous with the leader's prime ministerial ambition, but in his latest column for CTVNews.ca, Don Martin questions whether the Conservative leader may be peaking too soon.
opinion Don Martin: The Trudeau lessons from Brian Mulroney's legacy start with walking away
Justin Trudeau should pay very close attention to the legacy treatment afforded former prime minister Brian Mulroney, who died on Thursday at age 84, writes columnist Don Martin.
opinion Don Martin: ArriveCan debacle may be even worse than we know from auditor's report
It's been 22 years since a former auditor general blasted the Chretien government after it 'broke just about every rule in the book' in handing out private sector contracts in the sponsorship scandal. In his column for CTVNews.ca, Don Martin says the book has been broken anew with everything that went on behind the scenes of the 'dreaded' ArriveCan app.
opinion Don Martin: Despite his horrible year, Trudeau's determined to roll the dice again
In his column for CTVNews.ca, political commentator Don Martin says you can't help but admire Justin Trudeau's defiance and audacity of hope despite his 'horrible' 2023, as it appears Trudeau is insisting on leading the Liberals into the next federal election.
CTVNews.ca Top Stories
NDP motion regarding Palestinian statehood passes after major Liberal alterations
A motion from the federal New Democrats initially calling on Canada to recognize the 'State of Palestine' passed amid widespread acrimony on Monday, after the Liberals drastically altered its wording to see the government simply work towards that aim as part of a two-state solution.
'He didn't want to die': Family of Calgary man killed in standoff speaks out
Family of a Calgary man killed after a 30-hour standoff with police last week are speaking out, sharing details of the tense and heart-wrenching experience.
Toronto family doctor who called patient's body 'perfect' suspended for 3 months: tribunal
A family doctor in Toronto has been suspended for three months after a disciplinary tribunal found that he failed to follow proper protocols while examining a patient's breasts and made inappropriate comments about her body.
Ohio mom who left toddler alone 10 days when she went on vacation pleads guilty to aggravated murder
An Ohio mother whose 16-month-old daughter died after being left home alone in a playpen for 10 days last summer while she went on vacation was sentenced Monday to life in prison with no chance of parole.
Retired teacher pleads guilty to paying for sex with 15-year-old in Collingwood, Ont.
In a Barrie courtroom on Monday, a retired high school teacher from the Niagara Region pleaded guilty to sexual touching and obtaining sexual services from a 15-year-old boy in Collingwood in 2021.
Hertz CEO out following electric car 'horror show'
The company, which announced in January it was selling 20,000 of the electric vehicles in its fleet, or about a third of the EVs it owned, is now replacing the CEO who helped build up that fleet, giving it the company’s fifth boss in just four years.
5 charged in Calgary kidnappings that targeted women
Calgary police have charged five men in a pair of kidnappings last year that targeted innocent victims.
Demand soars for solar eclipse glasses in Canada. Are they worth buying?
The demand for total solar eclipse glasses used to safely view the rare celestial event has been ramping up as sellers, along with astronomy and eye-care experts in Canada, warn that viewing the eclipse with the naked eye is dangerous.
Canadian commander of volunteer fighter group dies in Ukraine
A Canadian-born commander of the so-called Norman Brigade, a volunteer fighting group in Ukraine, has died.