The inquiry’s lawyers say that information gathered so far in their formal investigation “made clear that Premier Ford and Minister Jones would have evidence, particularly within their knowledge, that would be relevant to the commission’s mandate.”
They asked Ford and Jones for interviews on Sept. 19, but the request “was refused,” according to the inquiry’s letter to civil liberties advocates and an Ottawa residents group which had demanded Ford be compelled to give evidence.
The interview request, from the commission of inquiry led by Ontario Court of Appeal Justice Paul Rouleau, was “renewed a number of times: all requests were refused,” said Rouleau’s co-counsel in that letter.
The commission then asked the premier and his top law-enforcement official to agree to testify “voluntarily,” but “as of last week,” the letter said that too was declined “for the moment.”
On Monday, the commission flexed its muscle and issued a summons, a legal order requiring them to appear. The inquiry was struck to look into the first-ever use of the Emergencies Act to end the occupation last winter by the “Freedom Convoy.”
At Queen’s Park, Andrew Kennedy, a spokesman for the attorney general’s office, said Ford and Jones are “seeking a judicial review to set aside the summons and receive a stay under the grounds the summons are inconsistent with the members’ parliamentary privilege.”
That means Ford and Jones have no plans to testify.
Parliamentary privilege is a kind of legal protection claimed for legislative and executive branches of government — an immunity that generally prevents MPs or cabinet ministers from being compelled by courts to testify about deliberations deemed essential to a parliamentary democracy. It is the same privilege that protects people who appear before parliamentary committees. But it may be waived — and has been, for example — in criminal cases.
“The commission’s mandate exists to examine the state of emergency declared by the federal government,” the attorney general’s office said.
“Ontario has worked with the commission by providing an extensive report outlining all key actions taken by Ontario, producing hundreds of documents including key cabinet documents that informed decision making and by making senior Ontario officials available to be called as witnesses,” the office 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,” it continued.
“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.”
Last week, on Oct. 17 in Kanata, Ford was asked by reporters if he had
declined an invitation to testify.
“Were you asked? Did you decline?” a local CBC reporter asked the premier.
“I’m not being asked,” replied Ford, noting Ontario Provincial Police officials as well as some top provincial government mandarins are taking part in the hearings.
According to a letter from commission lawyers, Ford and Jones were invited as early as Sept. 19 to give interviews, and later to testify but declined numerous invitations.
Sources close to Ford said while the commission asked to interview the premier on Sept. 19, he was not formally summoned to testify until after he made his comments on Oct. 17.
“An interview is not the same as a request to testify,” said the Ford confidant, who was not authorized to speak publicly.
“No request to testify came until after the premier’s comment” in Kanata, the insider said.
Commission co-counsel Shantona Choudry and Jeff Lyon wrote Monday to civil liberties groups that had demanded the premier be summoned. But the commission later declined to provide any further comment to clarify the timing of its request to Ford and Jones.
“The commission appreciates that the Government of Ontario, including its elected leaders, played a central role in the events of January and February 2022 and, accordingly, agrees that they possess information that is relevant to the commission’s fact-finding mandate,” they said in the letter to the groups seeking Ford’s testimony.
The inquiry is already scheduled to hear from senior Ontario bureaucrats.
The letter indicates the commission lawyers first contacted the offices of the premier and attorney-general seeking documents as of July 27. Eventually, the Ontario government identified 800 documents it deemed relevant, and began releasing them in instalments.
Last winter, Ford declared a provincial emergency over convoys that also protested around Queen’s Park and Windsor.
And Ford has said he stood “shoulder-to-shoulder” with Prime Minister Justin Trudeau and supported the federal emergency declaration.
However, documents at the inquiry show Trudeau complained to Ottawa Mayor Jim Watson early in the crisis that Ford was “hiding from” his political responsibilities in the Ottawa blockades.
Lawyer Paul Champ, acting for a coalition of Ottawa residents and businesses, said Monday, “The people of Ottawa deserve answers from their premier.”
Champ said he doesn’t think the premier was sympathetic to the convoy’s cause since Ford backed vaccine and mask mandates, but added Ford should come testify to clarify his government’s actions during the “chaos” of the blockades.
Lawyer Cara Zwibel of the Canadian Civil Liberties Association, in a statement, blasted the Ford government for seeking to block the summons, saying “Ontario’s leadership is ... actively obstructing the commission’s work,” calling it an “abdication of its responsibility to the people of Ontario.
“We have seen this government resist transparency and accountability in many contexts, but this one is a particularly shocking example.”
“The federal Emergencies Act is a last resort that can only be used when all other legal authorities fall short. Premier Ford could have created a Red Zone around Parliament Hill and downtown Ottawa,” said lawyer Sujit Choudhry, for the Canadian Constitution Foundation, one of the groups that objects to the federal law being used.
“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.
Wow. I wonder what HE'S so afraid of.
So….in answer to your question, I have no idea….but this comes across as super greasy. The clock is ticking with less than five weeks left for testimony, and the report has to be released by February 20, 2023, so if Ford drags this out for five weeks through the courts… so will others.
If Ford (& then others) is/are allowed to do so, so much for accountability. It’s sets an ugly precedent. This will make the Emergencies Act the “go to” piece of legislation to combat political rivals going forward without answerability.