Tom Mulcair: Only one false note during the Liberals' otherwise solid inquiry performance
There was only one really false note during the Liberals’ otherwise solid performance during the Emergencies Act inquiry and it was played on Minister of Justice and Attorney General of Canada’s David Lametti’s trumpet.
Lametti served up his favourite “I’ve got a secret” defence that he uses whenever he can’t or won’t answer a question that could prove embarrassing to Prime Minister Justin Trudeau. So much so, that it becomes fair to ask whether his priority is to uphold the law or to defend his government.
When Jody Wilson-Raybould was given the heave-ho from her role as justice minister, Lametti finally made it to cabinet, after languishing on the backbenches for several years. He’s not about to blow his big chance.
Wilson-Raybould was a star when she was recruited as a candidate by Trudeau. A woman of character, she had solid experience in managing the affairs of her First Nations community and had worked for years as a prosecutor. Administrative experience and legal savvy made her an ideal candidate to become minister of justice and Attorney General, a precedent for an Indigenous Canadian.
Wilson-Raybould was that all-too-rare member of the executive who refused to go along to get along. When Trudeau and his cronies started sticking their noses into the prosecution of corporate scofflaw, SNC Lavalin, she pushed back.
She proved her mettle when she stood on a question of principle and refused to give the sort of non-prosecution sweetheart deal that was now allowed under legislation brought in by Trudeau. She and her director of public prosecutions strongly agreed that SNC Lavalin simply did not qualify under that new statute.
Trudeau, ever “entitled to his entitlements” wasn’t about to take “no” for an answer especially, it seemed, from a woman. Wilson-Raybould was shunted over to Veterans Affairs and soon quit Trudeau’s cabinet, along with another strong and principled minister, Jane Philpott.
Trudeau has never recovered majority government status since.
Lametti is not devoid of expertise. He was a professor at McGill’s Faculty of Law before going into politics. He has a great academic background. He even co-captained the Oxford hockey team with Mark Carney!
He has also been resolutely obsequious in attending to his duties. He saw what happened to Wilson-Raybould and whatever other qualities he has, he hasn’t exactly been the type to stand his ground when the interests of his government are in play.
I witnessed it for the first time when Francois Legault decided he could unilaterally amend Canada’s foundational document, the British North America Act. Lametti openly and incongruously defended Legault’s position that he could amend the constitution on his own, even when it abridged official language rights.
As incredible as it might seem, Canada’s Attorney General was saying that the Quebec government could change the BNA Act to, amongst other things, remove the equality of English and French before the courts in Quebec, as it had just done with Bill 96.
One of my colleagues interviewed Lametti soon after. Lametti was adamant. Legault had the power to amend the BNA Act and (wait for it) he had a legal opinion to prove it.
'SECRET DAVE’S SUPER POWER'
My colleague asked if his listeners in the English-speaking community of Montreal could see that legal opinion. That’s when Lametti whipped out the now-familiar “secret” defence. There is no conceivable way any lawyer worth their salt has ever said that a province could unilaterally amend the constitution in a way that negatively affects linguistic rights. Having prepared several key Charter cases when I was director of legal affairs for language rights group Alliance Quebec, I believe that’s it’s not even plausible that such an opinion exists. This would be the first time I encountered Secret Dave’s super power to block and defend…in his government’s interest.
Think about that. Legault is saying, for example, that an English-language birth certificate from another Canadian province cannot be introduced in a court proceeding in Quebec without a costly translation. Instead of fighting that abrogation of rights, the Attorney General of Canada is saying it’s hunky dory.
Equality of English and French before Québec’s courts is written in stone and has been confirmed time and again by the Supreme Court. Lametti claims to have a secret legal opinion that says the opposite but he won’t show it!
That came as a big surprise to senior constitutional experts. You see, the 1982 constitution, that brought in the Charter of Rights, also has latticed amending provisions, the more fundamental the change, the more demanding the requirements. While a province can indeed change its own constitution unilaterally, it requires a motion from both Houses of Parliament to change linguistic rights, which the Supreme Court does not consider to be a part of the provincial constitution.
That requirement, for federal agreement, had to be met when the Quebec gouvernement wanted to go from religion-based school boards (Catholic and Protestant) to language based (French and English) boards. Quebec, despite not having signed the 1982 constitution, played by those rules and Premier Lucien Bouchard was able to get the motions adopted in the House of Commons and Senate.
As an opposition member of the National Assembly at the time, I had the honour of delivering our speech accepting the change and setting out the agreed conditions. It has been crucial for the English-speaking minority of Quebec to continue to follow the issue closely. Even Parti Québécois governments, by and large, respected the deal.
Legault, on the other hand, has tried with another law, Bill 40, to remove the right of the English minority to control and manage its school boards.
Trudeau is afraid of Legault and Lametti gets the message loud and clear: don’t rock the boat with Quebec. The English-speaking minority loses its rights? Too bad. We don’t fight with Legault. We have a secret legal opinion that says it’s all good.
Perhaps, then, it shouldn’t have come as a surprise that during last week’s hearings before the Rouleau Commission, Lametti again chose to shield what the commissioner had access to in the way of evidence. Rouleau’s role, under the law, was to determine the legitimacy of the invocation of the Act by Trudeau. Lametti’s job was to facilitate that work. Instead, Lametti pleaded that he’d given cabinet a legal opinion that favoured the government’s position but he couldn’t share it because…it was secret!
Lametti appeared to have forgotten that his number one obligation as justice minister and Attorney General was to protect and defend the constitution and the rule of law, not his cabinet colleagues and his boss.
That gave rise to one of the few occasions during the six-week inquiry, when the generally unflappable Judge Rouleau clearly lost patience.
Solicitor-client privilege is indeed an important principle. But under the statutes governing Inquiries in other jurisdictions, it is at times clearly spelled out that professional secrecy cannot be invoked as a shield to stop the commission from getting all of the evidence that it needs. Otherwise, why hold the inquiry at all? The legality of the government’s action was the crux of what Rouleau had to decide and Lametti was being singularly unhelpful.
In the long list of things Justice Rouleau will include in his report, the smart money will be betting that he’ll seek to put an end to the shenanigans of any future Secret Dave.
If you want Canadians to agree that restricting the freedoms of some was the only way to protect everyone’s rights under the law, you'd better preach by way of example. That begins with ensuring an open and transparent process of inquiry into the matter. Failure to make that a priority comes at the great cost of leaving Canadians with the sense that our justice minister is there to defend his government, not the law.
Tom Mulcair was the leader of the federal New Democratic Party of Canada between 2012 and 2017
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
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
Toxic testing standoff: Family leaves house over air quality
A Sherwood Park family says their new house is uninhabitable. The McNaughton's say they were forced to leave the house after living there for only a week because contaminants inside made it difficult to breathe.
Decoy bear used to catch man who illegally killed a grizzly, B.C. conservation officers say
A man has been handed a lengthy hunting ban and fined thousands of dollars for illegally killing a grizzly bear, B.C. conservation officers say.
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
OPP responds to apparent video of officer supporting anti-Trudeau government protestors
The Ontario Provincial Police (OPP) says it's investigating an interaction between a uniformed officer and anti-Trudeau government protestors after a video circulated on social media.
An emergency slide falls off a Delta Air Lines plane, forcing pilots to return to JFK in New York
An emergency slide fell off a Delta Air Lines jetliner shortly after takeoff Friday from New York, and pilots who felt a vibration in the plane circled back to land safely at JFK Airport.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Loud boom in Hamilton caused by propane tank, police say
A loud explosion was heard across Hamilton on Friday after a propane tank was accidentally destroyed and detonated at a local scrap metal yard, police say.
Local Spotlight
DonAir force takes over at Oilers playoff games
As if a 4-0 Edmonton Oilers lead in Game 1 of their playoff series with the Los Angeles Kings wasn't good enough, what was announced at Rogers Place during the next TV timeout nearly blew the roof off the downtown arena.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
Fergus, Ont. man feels nickel-and-dimed for $0.05 property tax bill
A property tax bill is perplexing a small townhouse community in Fergus, Ont.
Twins from Toronto were Canada's top two female finishers at this year's Boston Marathon
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
'I'm committed': Oilers fan won't cut hair until Stanley Cup comes to Edmonton
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
'It's not my father's body!' Wrong man sent home after death on family vacation in Cuba
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.
'Once is too many times': Education assistants facing rising violence in classrooms
A former educational assistant is calling attention to the rising violence in Alberta's classrooms.
What is capital gains tax? How is it going to affect the economy and the younger generations?
The federal government says its plan to increase taxes on capital gains is aimed at wealthy Canadians to achieve “tax fairness.”