(Ottawa) The Trudeau government has less than a week to launch an investigation into the use of Emergency Measures Actas it is required to do, and voices are being raised to demand a truly independent and transparent exercise.
Posted at 6:10 p.m.
“The government must, after having proclaimed this law for the first time since it has existed […]to be accountable to the population and to do it seriously,” commented Bloc Québécois MNA Rhéal Fortin.
The one who co-chairs a committee of elected officials and senators responsible for shedding light on how the last resort legislation was used intends to follow this investigation closely.
“It’s clear that it will feed our own reflections,” he said, insisting on the fact that many unknowns remain about what will happen next. He emphasizes that the work of the investigation to be launched and that of the committee he co-chairs are being carried out “in parallel”, although they may prove to be complementary.
The Trudeau government invoked the Emergency Measures Acton February 14, to put an end to the anti-sanitary measures demonstrations that paralyzed downtown Ottawa for weeks.
The legislative text establishes that the federal government has 60 days after the end of its use of the law to “cause an investigation into the circumstances which gave rise to the declaration (of emergency) and the measures taken to deal with crisis “.
Ottawa having revoked the use of the extraordinary provisions on February 23, the deadline for initiating the investigation occurs next Monday, confirms the Privy Council Office in an email.
The ministry attached to the Prime Minister’s Office refuses, in this same written statement, to provide any information on the form that the investigation will take. “More details will be announced in due course”, it is content to declare, reiterating the provisions of the Emergency Measures Act.
However, the latter do not specify either the structure of the survey or what type of stakeholder is best placed to lead it. The law only specifies that a report must be filed, at the end of the investigation, within 360 days of the end of the implementation of the emergency measures.
In the eyes of Mr. Fortin, it is clear that the government should set up a commission of inquiry similar to the one launched in the wake of the sponsorship scandal.
Thus, he wants the appointment of an independent, credible commissioner, and work carried out in public, explains the deputy.
The Canadian Civil Liberties Association (CCLA), which turned to the Federal Court to contest the recourse that was made to the Emergency Measures Actthere are similar proposals.
In a recent joint statement signed by 13 other organizations, such as the League of Rights and Freedoms, the ACLC demands in particular that officials be able to force witnesses to appear, bring them to do so under oath and compel them to produce documents.
While it will closely monitor the investigation, the CCLA has no intention of dropping its legal action, says Abby Deshman, director of the organization’s criminal justice program.
“Our legal action focuses on the constitutionality and legality of decisions made by the government as well as how it has used the law. I hope that the investigation will also consider broader aspects, ”says the lawyer. For example, she believes the inquiry should look at the impact Ottawa’s decision has had on people and when it is and is not appropriate to resort to Emergency Measures Act.
The other co-chairs of the committee of MPs and senators – NDP MP Matthew Green and Independent Senator Gwen Boniface – were unable to grant an interview to The Canadian Press on Tuesday.