Ontario Premier Doug Ford and his former solicitor general Sylvia Jones are going to court to fight an order to have them testify before the commission of inquiry into the Liberal government’s invocation of the Emergencies Act.
Ford defended the decision in the provincial legislature on Oct. 26, saying the inquiry is not a provincial issue.
“This is a federal inquiry into the federal government’s decision to use the federal Emergencies Act,” he said.
“For Ontario, this was a policing matter, it was not a political matter.”
The Public Order Emergency Commission (POEC) had summoned Ford and Jones to appear as witnesses on Nov. 10. In a judicial review application filed with Federal Court on Oct. 25, Ontario’s Attorney General cited “parliamentary privilege” as the reason the two declined to testify at the hearing.
Parliamentary privilege is a legal immunity available to legislative and executive branches of government, shielding MPs or cabinet ministers from being compelled by courts to testify about their legislation or deliberation procedures so that they can carry out their principal functions effectively.
The application said “irreparable harm will occur” if the court doesn’t grant a stay of POEC’s order summoning Ford and Jones.
“The constitutional privilege, which the Supreme Court has confirmed is of central importance to the Canadian legal system as a whole, will be breached and the application will become moot,” the application said.
“We believe that questions about Ontario’s institutional response will be sufficiently addressed by the testimony from the two senior officials already selected by the commission,” the office reportedly said.
“Overall, our view has always been that this was a policing matter and the police witnesses that are testifying can best provide the commission with the evidence it needs.”
‘Disappointed’
POEC’s order for Ford and Jones to testify at its public hearing came at the request of several civil liberties groups, including the Canadian Civil Liberties Association (CCLA), the Canadian Constitution Foundation (CCF), and the Ottawa Coalition.POEC’s lawyers previously asked Ford and Jones for interviews on Sept. 19, but the request “was refused,” according to a letter from the commission to the civil liberties groups, reported the Star. The request was renewed a number of times but were all refused, said co-counsels of commissioner Paul Rouleau.
Cara Zwibel, a lawyer with the CCLA, issued a statement on Oct. 24 saying it’s “extremely disappointing that Premier Ford and Minister Jones would challenge the summons in this manner.”
“That Ontario’s leadership is not only unwilling to assist but actively obstructing the commission’s work is an abdication of its responsibility to the people of Ontario,” Zwibel wrote.
“We have seen this government resist transparency and accountability in many contexts, but this one is a particularly shocking example.”
Sujit Choudhry, a lawyer for the CCF, told the Star that the federal Emergencies Act is a last resort that can only be used when all other legal authorities fall short. He argued that even without invoking the act, Ford had other tools available such as creating a Red Zone around Parliament Hill and downtown Ottawa where the main convoy protests took place.
“We are very disappointed that Premier Ford and Minister Jones are forcing the commission to go to court. They have relevant evidence and should testify before the commission as soon as possible,” Choudhry said.
