The federal Liberal government has agreed to provide sensitive cabinet documents to the inquiry that will examine its use of the Emergencies Act to end the occupation of the Liberty Convoy last winter in Ottawa .
The State of Emergency Commission said Tuesday that the government had agreed to a request not to invoke ‘Cabinet privilege’ for documents that Prime Minister Justin Trudeau and his ministers considered when deciding to use the Emergencies Act.
She says the government pledged to take the extraordinary step of providing ‘all the elements available to the Cabinet’ when it decided to declare a state of emergency in February, weeks after protests began in the center -city of Ottawa and blockades at border crossings.
The committee notes that this is only the fourth time in Canadian history that a government has decided to grant such access to a commission of inquiry. She says she hasn’t received the documents yet, but expects them to arrive “soon”.
The inquiry will hold public hearings this fall and is expected to release a final report by February 2023.
The commissioner who must shed light on the federal government’s use of the Emergency Measures Act to end the occupation of Freedom Convoy also granted intervener status on Tuesday to the organizers of the demonstrations. , police forces and representatives of three levels of government.
Justice Paul S. Rouleau of the Ontario Court of Appeal, who chairs the State of Emergency Commission, released on Tuesday the list of people who will obtain in advance information submitted in evidence before the ‘investigation. These intervenors will benefit from certain privileges, such as the possibility of suggesting the calling of witnesses and of cross-examining them.
Jurisdictions that have been granted the right to participate fully in the public inquiry include the governments of Canada, Alberta and Saskatchewan, the cities of Ottawa and Windsor, Ontario, the Ottawa as well as the National Police Federation, which represents RCMP officers. The Ontario Provincial Police was allowed full participation, except to cross-examine witnesses or produce policy briefs.
Judge Rouleau also invites 10 people who organized the Freedom Convoy, including Tamara Lich, Tom Marazzo and Chris Barber. Ms. Lich, who along with Mr. Barber faces criminal charges related to the protests, was arrested Monday in Alberta for breaching her bail conditions, Ottawa police said.
Judge Rouleau granted “standing” to these leaders, as well as to a non-profit organization called “Freedom 2022 Human Rights and Freedoms”, because of their “key role in the events leading up to the declaration state of emergency” by the federal government.
But he refused the invitation request of various other participants and supporters of the convoy, some of whom had their bank accounts frozen under the emergency law. The judge considers that “the mere fact of witnessing relevant events does not in itself justify the granting of standing” before the commission.
No to conservatives
Judge Rouleau also rejected the Federal Conservatives’ request. The party wanted to participate on the grounds that the commission’s work would have a significant impact on current and future MPs. In its application, the Conservative Party pleaded that it had “a direct and real interest in the investigation for reasons related to its reputation”.
The judge wrote in his decision that the party had failed to demonstrate how its interests on a range of factual and public policy issues differed from those of the general population.
The commissioner explains that the investigation must remain an independent and non-partisan process, noting that a special joint committee of the House of Commons and the Senate had been appointed to examine the use of the powers of the Measures Act. emergency.
“We respect the commissioner’s decision, but we do not trust this Liberal government to be transparent or accountable, and we will continue to use all means at our disposal to ensure that the Liberal government is held to account,” the statement said. a statement Dane Lloyd, Conservative Critic for Emergency Preparedness.
“We asked the government to waive cabinet secrecy and participate without hiding behind legal tools. Canadians still have not received this commitment from the Trudeau government. »
Ex-Police Chief Sloly
In his decision, Justice Rouleau does not address the precise nature of the federal government’s participation in the commission or the question of whether ministers will be called to testify at public hearings.
In addition to the groups that have been granted full status, other entities including the Canadian Association of Chiefs of Police, Ottawa trade associations, employer and civil society organizations have been granted partial status, which will allow them to submit only certain types of submissions.
Former Ottawa Police Chief Peter Sloly, who resigned the day after Ottawa invoked the Emergencies Act, will be allowed to produce factual papers, make submissions on matters of fact, evidence and policy development, and participate in policy development roundtables or discussions. The Government of Manitoba was granted permission to provide written submissions.
Prime Minister Justin Trudeau’s government enacted the Emergencies Act on February 14, a week after protesters first blocked the Ambassador Bridge between Detroit and Windsor, and several weeks after he called the “illegal occupation” of downtown Ottawa by protesters against sanitary measures.
It was the first time a government had invoked the law since it was passed in 1988. The law’s temporary measures gave authorities greater leeway to make arrests, issue fines, tow vehicles and freeze assets. .
On February 21, the New Democratic Party joined the Liberals in a motion in the Commons affirming the government’s decision to use these extraordinary powers. The Trudeau government revoked the emergency law two days later, on February 23.
The Emergencies Act in its wording requires the establishment of a commission to subsequently review the circumstances leading to the declaration and the steps taken to deal with the emergency. This commission, created on April 25 by the Prime Minister, must submit a final report to Parliament by February 20, 2023.