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
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
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.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
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.
CTVNews.ca Top Stories
'Most of the city is evacuating': Gridlock on Alberta highway after evacuation order in Fort McMurray
Four Fort McMurray neighbourhoods were ordered to evacuate on Tuesday as a wildfire gets closer to the city.
Sask. police seize 1.5M pieces of evidence, lay 60 more charges in child exploitation case
Saskatchewan RCMP have revealed that a historic sexual assault investigation has led to the discovery of alleged crimes against children dating back to 2005.
'Inappropriate' behaviour shuts down Dublin to New York City portal
Less than a week after two public sculptures featuring a livestream between Dublin, Ireland, and New York City debuted, 'inappropriate behaviour' in real-time interactions between people in the two cities has prompted a temporary shutdown.
Oilers starting Calvin Pickard in goal for Game 4 vs. Canucks
The Edmonton Oilers will start Calvin Pickard in net Tuesday for Game 4 of their playoff series with the Vancouver Canucks.
Chiefs kicker Harrison Butker rails against Pride month, working women in commencement speech
Kansas City Chiefs kicker Harrison Butker railed against Pride month, working women, President Biden's leadership during the COVID-19 pandemic and abortion during a commencement address at Benedictine College last weekend.
King Charles III unveils his first official portrait since his coronation
King Charles III has unveiled the first portrait of the monarch completed since he assumed the throne, a vivid image that depicts him in the bright red uniform of the Welsh Guards against a background of similar hues.
Full List Are these Canada's best restaurants? Annual top 100 list revealed
The annual list of Canada's top restaurants in the country was just released and here are the places that made the 2024 cut.
Alberta announces the 4 health agencies that will replace AHS later this year
The province has released more information on its plan to break up Alberta Health Services and replace it with four sector-based health agencies.
Biden administration moving ahead on US$1 billion arms package for Israel, AP sources say
The Biden administration has told key lawmakers it is sending a new package of more than US$1 billion in arms and ammunition to Israel, two congressional aides said Tuesday.
Local Spotlight
'We're on standby': Team ready to help entangled right whale in Gulf of St. Lawrence
A team is ready to help an entangled North Atlantic right whale in the Gulf of St. Lawrence.
Thieves caught on camera stealing pet chicken from North Vancouver backyard
A $200 reward is being offered by a North Vancouver family for the safe return of their beloved chicken, Snowflake.
Adopted daughter in the Netherlands reunited with sister in Montreal and mother in Colombia, 40 years later
Two daughters and a mother were reunited online 40 years later thanks to a DNA kit and a Zoom connection despite living on three separate continents and speaking different languages.
'Reimagining Mother's Day': Toronto woman creates Motherless Day event after losing mom
Mother's Day can be a difficult occasion for those who have lost or are estranged from their mom.
Chris Hadfield inspires youth musical in Sudbury
YES Theatre Young Company opened its acclaimed kids’ show, One Small Step, at Sudbury Theatre Centre on Saturday.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.
Federal government bans watercraft from Manitoba lake popular with tourists
The threat of zebra mussels has prompted the federal government to temporarily ban watercraft from a Manitoba lake popular with tourists.