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If Judge Roulot really delves into the delicate issue of government accountability, he is likely to find, as in the SNC Lavalin investigation, that cabinet documents are out of bounds
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April 26, 2022 • 2 hours ago • 5 minutes reading • 166 comments Public Security Minister Marco Mendicino, Deputy Prime Minister Christia Freeland, Justice Minister David Lametti and Emergency Preparedness Minister Bill Blair stand behind Prime Minister Justin Trudeau, while he announced that the Emergency Act would be called to deal with the protests in Ottawa, February 14, 2022. Photo by Adrian Wyld / The Canadian Press / File
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Liberals have listened to the age-old council that governments should never conduct public investigations unless they know in advance what the findings will be.
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In the case of the investigation into the February Emergency Situations Act, the government authorized an Ontario appellate judge, Judge Paul Roulo, to focus on the actions of protesters from the Freedom Convoy, rather than holding the government accountable. The judge’s schedule is busy – he must report by next February. As such, he will probably be so obsessed with researching social media misinformation and cryptocurrency crowdsourcing that it will be a big surprise if he finds time to question the government’s role in all this.
Liberal efforts to control the scope of the investigation have accused a wicked opposition alliance, including civil liberties groups and opposition parties.
“The requirement to call an investigation was introduced in the Emergency Situations Act to ensure a thorough examination of the government’s use of emergency powers. The broader context is important, but the government’s attempts to divert attention from its own actions are worrying, “said Abby Deshman, director of the criminal justice program at the Canadian Civil Liberties Association.
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The question of whether the Trudeo government’s unprecedented use of the Emergency Act met the legal threshold – namely, that there was a threat to Canada’s sovereignty and security that could not be resolved under existing law – is not mentioned in the council’s order. on request.
Conservative MP Michael Chong said on Tuesday that in order to answer the question of whether the government meets the legal threshold, the judge needs access to cabinet documents. “Former Prime Minister Harper has given up the Cabinet’s confidence in the case of retired Vice Admiral Mark Norman and in the case of Senator Mike Duffy. Will the government do the same for the public inquiry? ”He asked.
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Adam Zivo: Trudeau’s use of the Emergency Law violates Canadian rights
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Terry Glavin: Emergency law reveals disturbing truth that liberals can’t rule
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Public Security Minister Marco Mendicino said the government was ready to “shed light” on the events leading up to the act’s announcement. He said the council’s order made it clear that the judge had the independent power to force witnesses and documents, including classified information.
But if you believe that, I have a few inflation-resistant bitcoins to sell you. The government knows what the investigation will find because it falsified the system.
Justin Trudeau said that Judge Roulot would consider the circumstances that led to the implementation of the Emergency Situations Act and make recommendations to “prevent a recurrence of these events” (emphasis added). For the prime minister, everything is in context. The judge has marching orders to review the development of the convoy, including its leadership and participants; to study the impact of domestic and foreign funding; to consider the role of misinformation and misinformation, including the use of social media; to assess the economic impact; and look at the efforts of the police.
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If Judge Roulot still takes a moment to delve into the delicate issue of government accountability, he is likely to find, as Ethics Commissioner Mario Dion did in SNC Lavalin’s investigation, that cabinet documents are excluded from the borders. The decision on what will be released is the decision of the Secret Council official, Janice Charette, under section 39 of the Canadian Evidence Act. And she has already ruled in an ongoing lawsuit over the implementation of the Emergency Situations Act that the minutes of the Cabinet Committee of the Incident Response Group and the proceeds to the Mendicino Cabinet should be omitted from the government’s response.
The Canadian Constitutional Foundation (CCF) has applied for judicial review of the government’s decision in the Federal Court, but has found it difficult to gain access to what its adviser calls “the most appropriate evidence and explanations.”
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According to Mendicino’s own bill, which was submitted to parliament, the decision to refer to the act was taken after “in-depth discussions” by the Incident Response Group at its meetings on 10, 12 and 13 February (the law was lifted on 14 February). As is clear from the CCF’s submission, without this information, the minutes do not state whether the cabinet had reasonable grounds to believe that the blockade could not be resolved by any other law.
Sujit Chowdhury, a lawyer for the CCF, said she was now seeking this information only as a lawyer to protect her confidentiality, with a hearing in late May.
“If you don’t share this evidence, you’re actually saying, ‘Just trust us.’ But we are not making the laws in this country, “Chowdhree said.
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It would be nice if he was right. But after watching governments work for too many years, my heart is covered in the snows of pessimism and the ice of cynicism.
The available evidence shows that the government has gone too far with the Emergency Situations Act. This shows that the police have allowed the protests in Coots, Alta. and Windsor, Ont. without resorting to the provisions of the Emergency Situations Act. It said Emergency Preparedness Secretary Bill Blair had said publicly that police had all the necessary tools the week before the act was lifted. He revealed that Mendicino described the protesters as “led by an ideology to overthrow the government”, without presenting any evidence.
Even if it is true, as the Canadian Civil Liberties Association says in its ongoing case with the federal government, the presence of a small number of dangerous people in a particular location, although concerned, will not be enough to justify declaring a state of emergency across the country. . “The declaration of a state of emergency cannot be based on vague and tense allegations of unspecified danger,” the court file said.
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The Emergency Law was conceived as a last resort, so it was never implemented before 14 February. Tommy Douglas, the founder of the NDP, cites the use of his previous legislation, the Military Measures Act, by the current prime minister’s father as a “hammer used to break peanuts.”
Unless the government releases stunning new information, the only conclusion that can be drawn is that the response is disproportionate to the threat – “unnecessary, unjustified and unconstitutional”, according to his opponents.
But it seems very unlikely that the public inquiry will come to the same conclusion.
• Email: jivison@postmedia.com | Twitter: IvisonJ
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