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
Lanny McDonald and a few old Flames take the Stanley Cup on a surprise visit to the man who saved his life
The Stanley Cup was passing through town Friday, and Lanny Legend took it upon himself to take it for a surprise visit.
Bathroom break nearly derails $22 million project at city council meeting
A brief break during Wednesday's city council meeting in Saskatoon nearly cost the city dearly.
Chad Daybell sentenced to death for killing wife and girlfriend’s two children in jury decision
Jurors resumed deliberations Saturday on whether a man should be sentenced to death after being convicted days earlier of the murders of his wife and his girlfriend’s two youngest children in Idaho.
Robert Pickton stabbed with toothbrush and broken broom handle: victim's family
The family of one of Robert Pickton's victims says the convicted serial killer suffered an incredibly violent death at the hands of another inmate.
Father who killed one-year-old son with axe may be allowed to travel in southwestern Ontario
A Mennonite father who killed his one-year-old son with an axe may be allowed to travel to parts of southern Ontario in the coming months
'It feels like freedom': Why some Albertans like going nude in nature
Few people can say they accidentally purchased a nude beach — but Shelley can. When she saw a piece of land she could fondly remember camping on was up for sale, she inquired about it and ended up purchasing it. She soon found that there were already inhabitants on it.
This Calgary home has a giant tree in the middle, and it's for sale
There's a luxury 'tree home' for sale in Calgary.
China lands spacecraft on the moon amid growing space rivalry with U.S.
A Chinese spacecraft landed on the far side of the moon Sunday to collect soil and rock samples that could provide insights into differences between the less-explored region and the better-known near side.
Pedestrian dies after being hit by train in Brockville, Ont.
Brockville Police says a pedestrian has died following a collision with a train that was heading to Toronto.
Local Spotlight
U of W Two-Spirit Archives aim to preserve history of a community 'erased' from heritage
A hefty donation by a renowned local activist to the University of Winnipeg has created what is believed to be the most comprehensive two-spirit archives in all of Canada.
'It really has brought a lot of joy': Family of baby foxes moves into Manitoba woman's yard
Leanne Van Bergen discovered a skulk of 10 baby foxes, and two mothers, had made themselves at home on her property in Beausejour.
81-year-old Waterloo, Ont. woman with paralysis, amputated leg lives out dream of riding horse again
An 81-year-old Waterloo, Ont. woman thought she’d never ride a horse again after a brain bleed led to severe physical complications.
Video shows driver in Toronto frantically getting out of car being pushed by truck
A CP24 camera caught the moment a driver frantically got out of her car as it was being dragged by a truck on Avenue Road Wednesday afternoon.
Prince Edward Island celebrates first-ever International Day of Potato
Prince Edward Island is celebrating its first-ever International Day of Potato on Thursday.
'Bigger and better and stronger than ever': Covered Bridge Chips president sets sights for late 2025 rebuild after fire
The president of Covered Bridge Chips in New Brunswick is hoping to have his factory rebuilt for late 2025 following a devastating fire last year.
Winnipeg high school helps lead ducks that nested in courtyard to water
Students and staff at Winnipeg’s Westwood Collegiate had a unique problem to solve this month; how do you lead ducks to water from the school’s courtyard when 12 of them can’t fly yet?
Questions and concerns remain after space junk lands in Saskatchewan
Debby Lorinczy remembers her father as an amazing person and as a man who also made an amazing discovery.
Ski jumper Abigail Strate getting a buzz out of working with bees
Abigail Strate is a member of the Canadian national ski jumping team and an Olympic bronze medallist. She's also a certified beekeeper.