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
Blaine Higgs 'furious' over sexual education presentation
New Brunswick Premier Blaine Higgs has shared his anger on social media over a presentation in at least four high schools.
Grayson Murray's parents say the two-time PGA Tour winner died of suicide
Grayson Murray's parents said Sunday their 30-year-old son took his own life, just one day after he withdrew from a PGA Tour event.
The dreams of a 60-year-old beauty contestant come to an abrupt end in Argentina
A 60-year-old woman saw her dreams of becoming the oldest Miss Universe contestant in history melt away in a haze of sequins and selfies Saturday at Argentina’s annual beauty pageant.
At least 15 dead after severe weather carves path of ruin across multiple U.S. states in the South
Powerful storms killed at least 15 people and left a wide trail of destruction Sunday across Texas, Oklahoma and Arkansas during the latest deadly weather to strike the central U.S.
2 died in plane crash near Squamish, B.C., police confirm
Two people died after a plane went down in a remote area near Squamish, B.C. on Friday, authorities have confirmed.
Driver, 18, gets $3,000 ticket, 32 demerit points after speeding on Laval boulevard
A young driver received a hefty fine from Laval police after they say he was driving nearly 100 km/h over the posted speed limit.
After more than 100 years, Newfoundland's unknown soldier returns home
An unknown Newfoundland soldier, who fought and died on the battlefields in northeastern France during the First World War, is back home this weekend for the first time in more than a hundred years.
Some birds may use 'mental time travel,' study finds
Real quick — what did you have for lunch yesterday? Were you with anyone? Where were you? Can you picture the scene? The ability to remember things that happened to you in the past, especially to go back and recall little incidental details, is a hallmark of what psychologists call episodic memory — and new research indicates that it’s an ability humans may share with birds called Eurasian jays.
Trump confronts repeated boos during raucous Libertarian convention speech
Donald Trump was booed repeatedly while addressing Saturday night’s Libertarian Party National Convention.
Local Spotlight
Pomp, circumstance, and Crocs: Barrie, Ont. couple's unforgettable day at Buckingham Palace
When one is extended an invitation to the Royal Garden Party in London, England, there's undoubtedly no shortage of pomp and circumstance. Barrie, Ont. natives Megan Kirk Chang and her husband Brandon experienced just that as they entered the prestigious event hosted at Buckingham Palace on Tuesday.
Tim Meadows pledges not to shave until the Oilers win the cup, who are the team's other famous fans?
An unlikely celebrity emerged from social media to cheer on the Edmonton Oilers as they face the Dallas Stars tonight in Game 1 of the Western Conference Finals.
'Near and dear to all filmmakers': Return of Regina's discount theatre bodes well for fans, movie makers alike
The proprietors of Regina's sole discount theatre are aware they're carrying on a significant legacy.
'Best experience ever': B.C. baker on making it to the finals of Netflix's 'Is it Cake?'
When Jujhar Mann said he wanted to be a pastry chef on a grade school career project, he didn't imagine that pursuing his dream would land him on a popular Netflix baking competition.
Winnipeg flair on the menu at neighbourhood Houston restaurant
A city known for its history, ties to outer space and southern barbecue, is also home to a Winnipeg chef dishing out dozens of perogies.
Montreal photographer captures dramatic Canada goose vs. fox fight on video
A Montreal photographer captured the moment a Canada goose defended itself from a fox at the Botanical Garden.
Beyond books: Halifax libraries lends instruments, sports equipment, memory kits and more
Public libraries in Atlantic Canada are now lending a broader range of items.
'A special bird': The unbreakable bond between purple martins and humans
Flashes of purple darting across the sky mixed with the serenading sound of songs will be noticed more with spring in full force in Manitoba.
7-year-old Pokémon prodigy heading to Hawaii for world championship tournament
Catching 'em all with impressive speed, a 7-year-old boy from Windsor, Ont. who only started his competitive Pokémon journey seven months ago has already levelled up to compete at a world championship level.