If Justice Rouleau does delve into the delicate subject of government accountability, he will likely find, as in the SNC Lavalin investigation, that cabinet…
Public Safety Minister, Marco Mendicino, said that the government is prepared to “shine a light” on events leading to the proclamation of the act. He said the order in council makes clear the judge has the independent power to compel witnesses and documents, including classified information.
If Justice Rouleau does find a minute to delve into the delicate subject of government accountability, he will likely find, as did Ethics Commissioner Mario Dion in the SNC Lavalin investigation, that cabinet documents are ruled out of bounds. The decision on what is released is the decision of the clerk of the Privy Council, Janice Charette, according to Section 39 of the Canada Evidence Act.
Sujit Choudhry, counsel for the CCF, said he is now seeking that information on a counsel-only basis to protect its confidentiality, with a hearing at the end of May. The available evidence suggests that the government overreached with the Emergencies Act. It shows that police cleared protests in Coutts, Alta. and Windsor, Ont. without resorting to the Emergency Act’s provisions. It records that Emergency Preparedness Minister Bill Blair said publicly that police had all the tools they needed the week before the act was invoked.
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